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HomeMy WebLinkAboutAgenda Packet 01222024     A G E N D A MEETING OF THE CITY COUNCIL Monday, January 22, 2024 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California SCHELLY SUSTARSIC MAYOR Fourth District LISA LANDAU MAYOR PRO TEM Third District   JOE KALMICK COUNCIL MEMBER First District                                                           THOMAS MOORE COUNCIL MEMBER Second District     NATHAN STEELE COUNCIL MEMBER Fifth District     This  Agenda  contains  a  brief  general  description  of  each  item  to  be  considered. No  action  or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.   City  Council  meetings  are  broadcast  live  on  Seal  Beach  TV3  and  on  the  City's  website (www.sealbeachca.gov). Check  the  SBTV3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012).   In  compliance  with  the  Americans  with  Disabilities  Act  of  1990, if  you  require  disability  related modifications  or accommodations, including  auxiliary  aids  or  services  to  attend  or  participate  in  the City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items  within the  subject  matter  jurisdiction  of  the  City  Council. Pursuant  to  the  Brown  Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on  the  agenda  may, at  the  Council' s  discretion, be referred to the City Manager and placed on a future agenda.   Those  members  of  the  public  wishing  to  speak  are  asked  to  come  forward  to  the microphone and state their name  for the record. All speakers will be limited to  a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Supplemental Communications from Mayor Sustarsic Supplemental Communications from Council Member Moore Public Comment via Portal from Jo8n. Emailed Comment From Steven Stasoiski. Public Comment from Hope Horning Council Comments from Council Member Steele Public Comment from John Boyle APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By  motion  of the  City  Council  this  is  the time  to notify  the public of  any  changes  to the agenda and /or rearrange the order of the agenda. PRESENTATIONS / RECOGNITIONS CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Jill R. Ingram, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the December 11, 2023 City Council Minutes - That  the  City Council approve the minutes of  the  Closed Session  and  Regular City Council meetings held on December 11, 2023.   B.Demands on City Treasury (Fiscal Year 2024) January 22, 2024 -  Ratification.   C.Monthly Investment Report (November 30, 2023 & December 31, 2023) -  Receive and file.   D.2024 City Council Appointments as Representatives to Intergovernmental Agencies - That  the City Council adopt Resolution  7473: 1. Confirming City  Council  appointments  as representatives and  alternates  to the  Intergovernmental  Agencies  for  2024; and, 2. Direct  the  City  Clerk  to revise  and  post  on  the  website  the  2024  Fair  Political  Practices  Commission (FPPC) Form 806.   E.Report of City Manager and Department Heads Authorized Contracts -  That the City Council receive and file the report.   F.Memorandum of Understanding with the Federal Bureau of Investigations (FBI) to Authorize the Seal Beach Police Department to Use the Jerry Crowe Regional Tactical Training Facility for Personnel Training - That  the  City  Council  adopt  Resolution  7474  to  approve  and authorize  the  Chief  of  Police  to  sign  the  Memorandum  of  Understanding (MOU) with the Federal Bureau of Investigations (FBI) authorizing the use the of the Jerry Crowe Regional Tactical Training Facility for personnel training by the Seal Beach Police Department.   G.Notice of Completion for Sidewalk Assessment and Trip Hazard Removal Services - That  the  City  Council  adopt  Resolution  7475:  1. Accepting  the Sidewalk  Assessment  and  Trip  Hazard  Removal  Services  by  Southern California  Precision  Concrete, Inc. dba Precision  Concrete  Cutting  in  the amount  of  $114,483; and, 2. Directing  the  City  Clerk  to  file  a  “Notice  of Completion” with  the  Orange  County  Clerk-Recorder  within  fifteen  (15) days from the date of acceptance.   H.Awarding and Authorizing Execution of Public Works Agreement with Alfaro Communications Construction, Inc. for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP No. O-ST-4 - That the City Council adopt Resolution 7476: 1. Approving the plans, specifications, and  contract  documents  for  Pedestrian  Improvement  (Central  Way  at  1st Street) Project, CIP  O-ST-4; and, 2. Approving  and  awarding  a  public  works agreement  to  Alfaro  Communications  Construction, Inc. in  the  amount  of $47,404, including  the Total  Base  Bid  of  $44,388  and Additive  Bid  Item  #9  of $3,016; and  rejecting  all  other  bids; and, 3. Authorizing  the  City  Manager  to execute  a  public  works  agreement  for  construction  services  to  Alfaro Communications  Construction, Inc.; and, 4. Authorizing  the  City  Manager  to approve  additional  work  requests  up  to  $7,000  and  inspection  services  up  to $3,000 in connection with the Project, in the cumulative not-to-exceed amount of $10,000.   I.Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with West Coast Arborists, Inc. for City-Wide Tree Maintenance Services - That  the  City  Council  adopt  Resolution  7477: 1. Awarding  a  Professional  Maintenance  Services  Agreement  to  West  Coast Arborists, Inc., in  a  not-to-exceed  amount  of  $259,010  per  year  to  provide City-Wide tree maintenance services for a three-year term; and, 2. Authorizing and directing  the City Manager to execute the Agreement; and, 3. Authorizing the  City  Manager the option to extend the Agreement up  to two  (2) additional one-year  terms  after its original  term  for a not-to-exceed amount of  $259,010 one-year term extension; and, 4. Rejecting all other proposals.   J.Awarding and Authorizing a Professional Services Agreement with Minagar & Associates, Inc. for a Safety Action Plan - That the City Council adopt  Resolution  7478:  1. Approving  and  awarding  a  Professional  Services Agreement  with  Minagar  & Associates, Inc. in  a  not-to-exceed  amount  of $198,144  to  prepare  a  Safety Action  Plan; and, 2. Authorizing  and  directing the  City  Manager  to  execute  the  Agreement; and, 3. Authorizing  the  City Manager  to  approve  additional  work  requests  up  to  $10,000  in  connection with the Safety Action Plan.   K.Notice of Completion for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6 - That the City Council adopt Resolution 7479:  1. Accepting the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP  O-ST-6, by  Crosstown  Electrical  and  Data, Inc., in  the  amount  of $383,264.04; and, 2. Directing  the  City  Clerk  to  file  a  “Notice  of  Completion” with the Orange  County  Clerk-Recorder within fifteen  (15) days  from the  date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.   L.Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project - That  the  City  Council  adopt  Resolution  7480:  1. Approving  Cooperative  Agreement  No. C-3-3058  with  Orange  County Transportation  Authority  for  the  Alternative  Signal  Communication Demonstration  Project; and, 2. Authorizing  and  directing  the  City  Manager  to execute Cooperative Agreement No. C-3-3058.   M.Application for Grant Funds for the Orange County Community Resources OC Housing and Community Public Facilities and Improvements Grant - That  the  City  Council  adopt  Resolution  7481: 1. Approving  the  application  for  grant  funds  related  to  the  OC  Housing  and Community  Development  Public  Facilities  and  Improvements  to  apply upgrades  to  the  North  Seal  Beach  Community  Center, and  to  accept  any funds  awarded  through  the  program; and, 2. Directing  the  City  Manager  to execute  all  necessary  documents  to  apply  for, accept, receive  and  utilize  the grant funding to participate in the grant program, including incorporation in the 2024-25 Fiscal Year proposed Annual Budget.   N.Approving Surfside Colony Emergency Sand Berm Construction Expenditure Reimbursement by Surfside Colony, Ltd., and Budget Amendment BA #24-07-01 - That the City Council adopt Resolution 7482: 1. Approving  Surfside  Colony  Emergency  Sand  Berm  Construction  expenditure reimbursement  in  a  not-to-exceed  amount  of  $22,000; and, 2. Approving Budget Amendment #BA 24-07-01 in the amount of $22,000.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING O.Amendment to Cost Recovery Schedule to Amend Dog Licensing Fees and Amendment to Administrative Penalty Schedule to Add Penalty Amount for Non-Compliance with Dog Licensing Requirements - That the City  Council  adopt  Resolution  7483  amending  the  City  of  Seal  Beach  Cost Recovery Schedule to amend fees for dog licenses and to amend the Penalty Schedule for non-compliance with dog licensing requirements fee schedule to better reflect the needs of animal licensing requirements.   UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS P.Ordinance to Amend the Seal Beach Municipal Code Regarding Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions - That  the  City Council  introduce, waive  full  reading, and  read  by  title  only, Ordinance  1708, an  Ordinance  of  the  City  of  Seal  Beach Amending  the  Seal  Beach  Municipal Code  to  Amend  Certain  Animal  Control  Regulations  Relating  to  Dog Licensing, Rabies  Control, and  Other  Animal  Control  Requirements  and Prohibitions.   ADJOURNMENT Adjourn the City Council to Monday, February 12, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary. 1 Questions for January 22, 2024, City Council Meeting Sustarsic Warrants: # 28412 Megan Coats 11/30/23 $ 130.26 Public Notice Distribution – SB Housing ele What is this payment for? This payment is for reimbursement for a certified mailing noticing the Notice of Preparation/Initial Study for the EIR related to the zoning update/housing element update. # 28504 Pacific Advanced Civil Engineering Inc 11/30/23 $14,025.00 B629-19 SB Hydrogen Sulfide removal serv What and where is this for? This payment is related to the Lampson Well Treatment System design (CIP WT1902). # 28515 Telecomm Law Firm P.C. 11/30/23 $ 3,021.60 211 8th, 3900 Lampson, 3131 N. Gate What are these services? These services are specific to wireless leases on public property. Several contracts require updating and renegotiation, and a law firm with expertise in telecommunications is essential. # 28519 Tripepi, Smith & Associates 12/7/23 $13,050.00 Strategic Plan Retainer; Strategic Plan Prio What services were provided here? Tripepi Smith has provided the City of Seal Beach with their marketing expertise since October 2, 2023. The Tripepi Smith and City of Seal Beach contract includes three weekly social media posts, one press release per month, a monthly metrics report and quarterly communication outreach planning. Tripepi Smith created the City of Seal Beach’s social media platforms on Instagram (@cityofsealbeach), Facebook (City of Seal Beach - Local Government), and X/Twitter (@sealbeachcityca). So far, Tripepi Smith has curated 42 posts, which were published across thes e platforms. Since October, Tripepi Smith has worked to increase engagement on these City social media accounts and has helped the City of Seal Beach reach: • 396 followers on Instagram • 233 followers on Facebook • 34 followers on X (formerly Twitter). 2 Tripepi Smith drafted three press releases for the City. Two of those have been distributed to media outlets, the third is pending distribution. Tripepi Smith has also helped design a new digital newsletter template for the City. Tripepi Smith and Seal Beach City Staff meet bi-weekly to discuss important upcoming topics for Tripepi Smith to plan its content creation for Seal Beach. # 28573 Ron’s Maintenance Inc 12/21/23 $ 8,960.00 Fall 2023 Bi-annual catch basin cleaning What services were provided? This payment is related to debris clearing at the storm drain catch basins to allow storm water to properly flow through. Item E. Quarterly Contracts: Tripepi Smith: $39,150.00. This contract was initiated on 10/2/23. Which events, meetings and/or press releases has Tripepi Smith provided assistance with public outreach for as of this date? ***See response regarding the same contract in the response above. Silsby Strategic Advisors Inc: $26,000.00. (11/1/23). Fleet modernization analysis (Public Works). What is involved in this contract? The fleet modernization analysis will review the existing fleet inventory, update the vehicle replacement criteria and schedule, develop a replacement and procurement strategy that incorporates new legislation (i.e., zero emission vehicles), and provide a framework to stay compliant with regulations. Holistic Systems Integration Solutions: $24,000.00 (11/1/23). Configuration and Implementation of Solar app (Community Development). What is involved in this contract? State law requires the City offer 100% online review of small solar applications and has provided SolarApp+ as a web-based software solution for communities to use. The software must be customized by us in order to implement it. Holistic will provide the c ustomization and implementation services to deliver a working product to City staff. The City Council approved a grant application to fund this effort in April 2023 for $40,000, which was obtained. Sherry Johnson (Finance): $25,500.00 (11/14/23). Enterprise Resource Planning System Implementation. What is involved in this contract? The consultant is engaged on an as-needed basis to support the implementation of Incode, the Enterprise Resource Planning system. Specifically, their focus is on integrating previously unimplemented Human Resources and Finance modules. This ensures a streamlined and efficient operation of the ERP system in these crucial areas. Item I. West Coast Arborists: There were no amounts listed for other bids? 3 Generally, costs associated with a Request for Proposals are not listed, compared to a public bid, as cost is only one component of the evaluation criteria. Nevertheless, the proposed costs are listed below: Contractor Amount West Coast Arborist, Inc. $259,010.00 Brightview Tree Care $261,539.23 Great Scott Tree Services, Inc. $299,480.00 Mariposa Landscapes Inc. $419,330.00 Item K. NOC for Lampson Avenue Fiber: CIP O-ST-6. The cost of this project was $ 4 No response provided since the question is incomplete. Item L. OCTA Alternative Signal Communication Demonstration Project. What information will Seal Beach receive from OCTA’s demonstration project – compared to those connected to the Traffic Management Center via fiber? It is generally anticipated that the relay of information will be similar (i.e., timing data, operation modes, etc.). This demonstration program may show us deviations from fiber in terms of speed and/or data relay due to wireless communication reliability. Item O. Amendment to Cost Recovery Schedule for Dog Licensing Fees – Public Hearing When we were using Long Beach for Dog Licensing, how many dog licenses per year were issued in Seal Beach? Dog licenses that were purchased in 2022 (this data was provided by Long Beach). For calendar year 2022: ▪ Number of Unaltered Licenses - 34 ▪ Number of Altered Licenses - 491 ▪ Number of Senior Unaltered Licenses - 29 ▪ Number of Senior Altered Licenses - 897 ▪ Number of Service Dog Licenses - 4 1 CC Questions 01212024 ITEM B: What software implementation services does this specifically refer to? Ms. Zarco acts on the City’s behalf to assist in the implementation of EPL - formerly known as Energov, which is a Tyler Technologies product. EPL is the land and permit management system that will be used by Planning, Building, Code Enforcement, Special Events, and PW Engineering. What are Verizon air cards services? Was this temporary or an ongoing expense? This is a recurring cost associated with cellular connectivity. The bulk of this service is used by the Police Department. We use cellular connections for the following: • Remote sites (SBTPC, McGaugh Pool, Fire Station 48 meeting room, Police Mobile Command Post) • Police Fleet (All police vehicles and parking vehicles) • Brazos patrol cite writers • Parking enforcement cite writers • Mobile ID – Handheld Identification Devices • ALPR (Automatic License Plate Readers) • Remote cameras (Fixed cameras on main street, mobile camera trailers, drone video transmitter) • Executive cell phones / hotspots What Main street revitalization plans are being made? What are the details of this? This payment is for the Main Street intersection pavement design concept plans. 2 Could we get more details what the Services are highlighted below? Invoice 12402407 and 1239113 are to refresh servers: Windows 2012R2 virtual servers and a new ESX Host to allow an upgrade to VMWare 8. Invoice 1240325 is part of the MFA implementation, specifically to install and configure Windows NPS, the NPS extension, and to configure the radius authentication configuration on the firewall. Could we get a timeline when MFA will go into effect? We are working on MFA and a server refresh in parallel and making steady progress. However, we have a change order that needs to be processed as there are additional costs associated with integrating our VPNs, but this cost will be offset by savings associated with the server refresh/update. 3 ITEM E: Will this be a future ongoing expense? Could you provide some details on this? Tyler Technologies’ My Civic Suite is a customer engagement website and app-based portal. The City is launching a pilot program to allow residents and businesses to report work orders through this channel, providing a more uniform and systematic approach to addressing maintenance needs. Provided the 1st pilot year is satisfactory and the City elects to continue with the citizen engagement platform, reoccurring fees are in the amount of $8,800/year. ITEM I: What was the previous contract amount vs. the current amount for City -Wide Tree Maintenance Services? The previous contract amount was $162,950, which includes the base and unforeseen work allowance. ITEM J: What types of safety items will be addressed here and what is the total the City will have to fund after receiving grant funding? As indicated in the staff report, items addressed under the Safety Action Plan (“SAP”) are targeted towards roadway safety and risk mitigation strategies. The City’s grant match is 20% of the total SAP cost, which is capped at $50,000. While there is no obligation to fund the SAP-recommended strategies, the SAP will allow the City to become eligible for outside funding sources to implement the strategies. Name: JO8N N8OJ Comment - 01/22/2024 10:41 AM: ( No Vote ) Counsel 12/11/23 John William Kochevar December 11, 2023, 12 + 11 = 23, My Little Brother Is Trisomy 23* (Trisomy *21 Sorry Bro), Dear Trinity How Many Human Sacrifices Are In Trisomy 23’s* (Trisomy *21’s Sorry Bro) Genetic History? Eight Years Ago, I Remember Feeling The Unspeakable Answer Baptizing Me In Fire After Ingesting A Large Dose Of A Psychedelic In Secret Then Thrashing My Room, Hurting Myself, And Screaming, “You Don’t Understand! If He Is Ok, Just Kill Me!” After My Mom Calls 911, My Dad Holds Me Down, The Police Restrain Me On A Stretcher, And The EMTs Inject Me With A Benzodiazepine, I Am On A 5150 72-Hour Psychiatric Hold In The Hospital. I Am Born Again, Remembering My Birth Day: Restrained And Circumcised By A Christian Culture Completely Out Of Touch With Its Own Word Is Flesh Ritual. In My Case Number 16-1427, The Seal Beach Police Decriminalize Possession Of A Wide Range Of Psychedelics But Most Importantly: The Miracle Mushroom. The Seal Beach Police Placed Their Faith In Me To Find Help. I Am Grateful To God, My Mom, Dad, Brother, Friends, Therapists, Seal Beach EMTs, Police, Fire, City Staff, And Los Al Hospital For Helping Me Live Through A Challenging 8 Year Trip. So, Now, Here I Stand, Returning To The Tribe With The Help I Found: I Agendize. I Officially Decriminalize Possession And Use Of Miracle Mushrooms That Bleed Blue For Seal Beach Residents Within The Christian Religion’s Eucharist Birth Rite On Sunday Sabbath. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. I Am The Altar That Makes The Gift Sacred: I Wrote The Law On The Mayor, I Wrote The Law On The Governor, I Wrote The Law On The President, I Wrote The Law On The Pope. They Do Not Know How To Read, Jesus Christ, Literally Listen To Godspeed, Cuban Missile Crisis, Psilocybe Cubensis, Mutually Assured Jesus, Crux Photosynthesis. I Feed Nativity Livestock The Manger’s Gold: I Have Faith The Size Of A Mushroom Spore, I Move 7 Continents Through Sabbath’s Door. I Marry Christmas With The New Year Ring, Tree Buries Treasure In Father’s Bond, I See X See-ing Is Believing, Underground Presents Correspond. Jesus And I Are The Pair Able. (Draw JO8N) APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. PRESENTATIONS / RECOGNITIONS CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney CITY MANAGER REPORT Jill R. Ingram, City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. 1 Gloria Harper From:Steven Stasoiski <steven_stasoiski@yahoo.com> Sent:Saturday, January 13, 2024 11:36 AM To:Gloria Harper Subject:Animal License Fees Public Hearing I would like my comment and question regarding dogs and animal control services written below to be considered for the public hearing scheduled to be held in January 2024. What are the laws for dogs in Seal Beach and does Animal Control Services enforce them? I've lived in Old Town Seal Beach for over 20 years, and I have noticed a significant increase in the population of dogs which I believe has gotten out of control. I see dogs on the pier, on the beach, inside restaurants, inside grocery stores, and I see many dogs unleashed. Are there not laws to prohibit these occurrences? If yes, then what is Seal Beach doing to stop them from happening? I look forward to hearing and/or reading a response. Thank you, Steven Stasoiski At last month's meeting, there was much discussion about water and sewer rate hikes that will double n just a few years. As a former Federal Warranted Officer that signed contracts for the United States of America, I understand source and use of funds, appropriations, and allocations. So, I did some research about source and use of these funds and learned that water and sewage rates are supposed to reflect the cost of providing those services to customers or ratepayers. In a well- managed city, water and sewer revenues are used to obtain water, operate & maintain delivery & treatment systems, and fund necessary capital projects. In particular, proactive preventive maintenance projects, which ensure safe and effective services, instead of reactive emergency fixes of failing infrastructures. Water and sewer rate increases, usually are necessitated when general funds begin to subsidize water and sewer operations. THAT is not the case with the city of Seal Beach, it's just the opposite, water and sewer revenues are subsidizing general fund operations.I l V waterI 11 YV V revenuesI\r1 V I subsidizing\AILI general1 fund VI U IVI V. Specifically, over one day a week, the salaries of the city manager, assistant city manager, and 2 manager analysts, come from water and sewer revenue. I don't believe the citizens of Seal Beach, who conscientiously conserved water during years of drought, should be penalized for their efforts, especially when water and sewer revenue is not being used to just deliver those services, but is being used to subsidize 25 to 35% of the very largest city salaries. And I find it hard to believe that employees in those positions really spend over one day a week or equivalent hours managing or administrating water and sewer operations, when we have a whole department for that. Even part of your salary as city council members is allocated as coming from water and sewer revenue. And in another matter, at almost every council meeting, Councilman Steele expresses concerns about the potential impact of a projected annual $5 million dollar deficit over the next 3 years for a total of $15 million dollars. There is a better way to address those potential deficits than on the backs of folks using water and sewer services. So, I would point out, an article in last week's Sun Newspaper indicating "Multiple Job Openings in Seal Beach City Government" and note the quickest way to reduce that potential deficit is to reduce personnel costs. Maybe, we should consider letting those positions unfilled until the economy turns around or we get better projection.go unfilled 1 the economy turns around V a projection. In conclusion, I direct your attention to the section of the city manager's contract regarding "Annual Evaluations and Salary Review," which requires "On or before March 1 of each year . . . the City Council shall conduct an evaluation of Employee's performance." During that evaluation, the City Council and Employee shall mutually established performance goals and objectives and reflect such in salary and benefits offered. Because of COVID, there has not been such an evaluation for a number years and that is understandable. But the time has come and it's really past due, for you to meet your contractual obligations to your Employee and conduct THAT evaluation. Maybe you should do exit interviews with the multiple employees who have left our city government. It is also pastime to conduct that evaluation on behalf of your other employees and in the interest of your constituents. 1 C POSITION ALLOCATION PLAN IFY 2023-2024 Funds Allocation Adopted General Tidelands Water Sewer Other DEPARTMENT DIVISION POSITION FY2023-24 Vacant (101) (106) (501) (503) Various CITY COUNCIL 101-0010 City Council Council Member 5.00 - 4.50 - 0.25 0.25 - Total City Council 5.00 - 4.50 - 0.25 0.26 - CITY MANAGER 101-0011 City Manager City Manager 1.00 - 0.70 - 0.20 0.08 0.02 „ 101-0011 City Manager Assistant City Manager 1.00 - 0.55 0.05 0.25 0.10 0.05. 101-0014 City Manager Management Analyst 2.00 - 1.20 0.26 0.35 0.15 0.04, 101-0011 City Manager Executive Assistant 1.00 - 0.75 - 0.15 0.075 0.025 ,, Total City Manager 6.00 - 3.20 0.31 0.95 0.41 0.14 CITY CLERK 101-0012 City Clerk/Election City Clerk 1.00 - 0.80 - 0.15 0.05 - .2( 101-0012 City Clerk/Election Deputy City Clerk 1.00 - 0.75 - 0.15 0.10 - .P 101-0012 City Clerk/Election Executive Assistant(Part-time) 0.76 - 0.61 - 0.11 0.04 - .I S Total City Clerk 2.76 - 2.16 - 0.41 0.19 - FINANCE 101-0017 Finance Director of Finance/City Treasurer 1.00 - 0.70 - 0.225 0.075 - 101-0017 Finance Finance Manager 1.00 - 0.70 - 0.225 0.075 - 101-0017 Finance Accountant 1.00 - 0.60 - 0.30 0.10 -,/t0101-0017 Finance Senior Accounting Technician(A/P)1.00 - 0.10 - 0.75 0.15 -AO101-0017 Finance Senior Accounting Technician(Payroll) 1.00 - 0.60 - 0.30 0.10 -.'W 101-0017 Finance Senior Accounting Technician(Utlity) 1.00 0.75 0.25 1.00 101-0017 Finance Management Analyst 1.00 - 0.60 - 0.30 0.10 -4r7 101-0017 Finance Account Technician 1.00 1.00 0.80 - 0.15 0.05 -,1.0 501-0900 Finance Accounting Technician(Part-time) 0.46 -0.46 - 101-0017 Finance Office Specialist(Part-time) 0.60 - 0.60 - Total Finance Department 9.06 1.00 4.70 - 3.46 0.90 - POLICE 101-0021 EOC Police Sergeant 1.00 - 1 00 - 101-0022 Field Services Police Chief 1.00 - 1.00 - 101-0022 Field Services Police Captain 2.00 - 2.00 - 101-0022 Field Services Police Lieutenant 2.00 - 2.00 - 101-0022 Field Services Police Sergeant 5.00 - 5.00 - 101-0022 Field Services Police Corporal 4.00 - 4.00 - 101-0022 Field Services Police Officer 21.00 - 21.00 - 101-0023 Support Services Executive Assistant 1.00 - 1.00 - 101-0023 Support Services Senior Accounting Technician 1.00 - 1.00 - 101-0023 Support Services Senior CSO 2.00 - 2.00 - 101-0023 Support Services Management Analyst 1.00 - 1.00 - 101-0023 Support Services Civilian Investigator 1.00 - 1.00 - 101-0023 Support Services Records Supervisor 1.00 - 1.00 - 101-0023 Support Services Police Aide(Part-time) 0.75 - 0.75 - 101-0023 Support Services Crossing Guard(Part-time)1.96 - 1.96 - 101-0025 Parking Enforcement Senior CSO 6.00 - 6.00 - 101-0025 Parking Enforcement Police Services Manager 1.00 - 1.00 - 101-0025 Parking Enforcement Police Aide(Part-time) 3.00 - 3.00 - 101-0036 Animal Control Senior CSO 2.00 2.00 106-0825 Beach Operations Police Officer 2.00 - 0.75 1.25 - 205-0111 Field Services Police Officer 1.00 -1.00 217-0371 Field Services Police Officer 1.00 -1.00 Total Police Department 61.71 - 58.46 1.25 -2.00 79 yp P' SON NEWSPAPERS Thursday, Jan. 18, 2024 jobenin s in Seal Beach cit overnmentIMultipleoopeningsY BY CHARLES M. KELLY Deputy Director of Public Management Analyst, part Works/Maintenance and Utilities time, in Human Resources There are 13 job openings Maintenance Worker - in Police Aide, Part Time, in in Seal Beach city government, Public Works/Maintenance SBPD according to the CalOpps web- Police Officer—lateral or Crossing Guard in SBPD site. All 13 positions are open ' academy graduate. (A "lateral," Maintenance Aide in Public until filled, according to the web- As Capt.Nick Nicholas explained Works/Maintenance site. in Jan. 6, 2022, means someone Pool Lifeguard, part time, SeniorAccounting Technician who "worked at previous depart- 'temporary, in Aquatics Payroll) means before making the jump Aquatics Coordinator in E, Senior Community Services to the SBPD." (See: "Briefing ,Aquatics Officer (in the Seal Beach Police Room: Peace Officer Standards Recreation Specialist, part Department) and Training" at www sunnews. time, at Tennis & Picklebal l Deputy City Clerk org.) Center in Recreation •Senior Citizen Advisory Committee* •Chaired the SCAC Housing and Transportation Committee •GRF President’s Council •GRF Membership Committee •WOCWB Meeting – launching the engineering phase of cathodization work – installing cathodes significantly extends the life of the water system. •OCMV board meeting – American Mosquito Association Conference in Dallas •CalCities Mayors and Electeds conference in Monterey SCAC* •Senior Citizen Advisory Committee •OC Office on Aging •Connecting Seniors with the help they need •Advise OC Supervisors on issues relating to services to aging Aging and Disability Resource Connection 714-480-6450 ADRC Purpose The purpose of the ADRC is to ensure older  adults and people with disabilities have  access to the services they need in order to  live independently! The ADRC does this by… •Building community partnerships •Providing direct services •Each partner is informed about the system as a whole and is able to help make the necessary connections. •Education, communication, and collaboration are key “No Wrong Door” Dayle  McIntosh  Center Office on  Aging OC Social Services Office Regional  Center 211 OC Council on  Aging CalOptima EXTENDED  PARTNERS CORE  PARTNERS Alzheimer’s  OC Anaheim Housing Authority Veterans Service Office “Let’s connect you with  someone who can  help.” Information & Assistance Call Center 714-480-6450 •Provides information on a wide variety of resources for older  adults and people with disabilities using the ADRC resource  database.  •Resource Database Specialist ensures quality standards for and  expands the ADRC resource database. The City Manager, Jill Ingram, needs a current evaluation. 1. Jill Ingram's contract calls for an annual evaluation by March 1st and yet she has not been evaluated by her supervisors in more than 2 1/ 2 years. When employees are not held accountable there is no way to ensure goals and objectives are being met and quality of work begins to slip. Today we have a manager who has both mis-managed and not managed the city who is paying her salary. 2. Mismanagement: a. Paying salaries from Water and Sewer. According to the current budget, the City Manager spends more than 1 day a week, every week on water and sewer issues. The Assistant City Manager spends almost 2 days a week on water and sewer issues. And with all this executive management oversight we are projected to be 1.5 million in the hole at the end of the year. We need an evaluation of the City Manager. b. Spending on non-essentials even though projections of deficits have been heralded at every council meeting. Consultants, consultants and more consultants. The latest being a Social Media consultant...REALLY? $39,150 for social media? Cancel the contract and evaluate the manager's spending habits. 3. Non-Management: First Street Flood debacle. Over New Year's weekend high tides and rain caused a lot of damage. This had been predicted and city knew it was coming. Yet every single manager was out of town and unavailable with no contingency plan or backup. No berm was put up at First Street parking lot and the east beach berm was breeched. No Chief Lifeguard available all weekend. No City Manager. No Public Works Director. No Police Chief...no management! Wasn't Jim Basham,then Community Development Director,fired for not coming into town when the First Street pump failed and we flooded? Not only did the First Street parking lot flood, but a large sinkhole also developed and still no management came into town to evaluate the damage and set up safety procedures for the public. Even as the sink hole continued to enlarge no management came into town. Everyone was on vacation and not even the City Manager thought it worth the trip to check out the problem threatening the city she is supposed to manage. Even after it hit TV news Jill Ingram and every other manager didn't come into town. Moreover, no experts were called in to analyze why the parking lot failed. A hole in the jetty? Shouldn't the Army Corp of engineers have been called in? Tidal influx below the parking lot? Perhaps an environmental engineer could have been called in? The City Manager just had the hole filled in with slurry cement with no rebar and paved. Wow...it is obviously way past time for the City Council to re-evaluate their employee: the City Manager, Jill Ingram. John Boyle, Seal Beach since 1964 Pleased distribute to: Cit ouncil, City Manager, City Clerk and City Attorney Agenda Item A AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the December 11, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on December 11, 2023. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on December 11, 2023. Page 2 1 6 9 4 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Minutes – Closed Session, December 11, 2023 B. Minutes - Regular Session, December 11, 2023 8 5 6 9 Seal Beach, California December 11, 2023 The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Moore Council Members: Sustarsic, Landau, Kalmick, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Director of Public Works Gloria D. Harper, City Clerk PUBLIC COMMUNICATIONS Mayor Moore opened oral communications. Speakers: None. Mayor Moore then closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Jill R. Ingram and Assistant City Manager Patrick Gallegos Employee Organization(s): Police Officers Association Police Management Association Seal Beach Supervisors & Professionals Association Mid-Management and Confidential Employees Association B. Conference with Legal Counsel Significant exposure to litigation pursuant to Government Code §54956.9(d)(2) One (1) potential case C. Conference with Legal Counsel Significant exposure to litigation pursuant to Government Code §54956.9(d)(2) The City received a claim pursuant to the Government Claims Act from Ms. Gwendolyn Clouser dated March 29, 2023. A copy of the claim is available for review in the City Clerk’s office. 8 5 6 9 ADJOURNMENT Mayor Moore adjourned the Closed Session meeting at 6:50 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Thomas Moore, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California December 11, 2023 The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Mayor Pro Tem Sustarsic led the Pledge of Allegiance. ROLL CALL Present: Mayor Moore Council Members: Kalmick, Landau, Steele, Sustarsic Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Michael Henderson, Police Chief Joe Bailey, Marine Safety Chief Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Public Works Director Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Nolan McGaughy, Orange County Fire Authority Division 1 Administrative Fire Captain Nick Nicholas, Police Captain Michael Ezroj, Police Captain Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager Shaun Temple, Planning Manager Lauren Barich, Management Analyst PRESENTATIONS / RECOGNITIONS •Oak Middle School Choir – Christmas Carolers •Introduction of New Full Time Employees •Recognition of Deputy City Clerk Dana Engstrom •Information Technology (IT) Update PUBLIC COMMUNICATIONS Mayor Moore opened oral communications. Speakers: Pierre Kim, Matthew Terry, Jo8n, and Hope Horning. Austin Edsell with Senator Janet Nguyen’s Office congratulated Mayor Moore and presented him with a Certificate of Recognition for his term as Mayor. Mayor Moore closed oral communications. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Landau pulled items F and G for separate consideration. Mayor Pro Tem Sustarsic pulled Item I for separate consideration. 8 5 1 0 City Clerk Harper announced that seven (7) supplemental communications were received after the posting of the agenda that were distributed to the City Council and made available to the public. Mayor Pro Tem Sustarsic moved, second by Council Member Landau to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the Council met in Closed Session regarding the three (3) items posted on the agenda. All five (5) Council Members were present, and on Item C, the Council gave direction to approve a settlement agreement that will provide the City with full release of claims for the claim identified on the agenda. CITY MANAGER REPORT City Manager Ingram provided a few calendar updates including the City Hall closure from Monday, December 25, 2023, through Monday, January 1, 2024. She noted that the January 8, 2024, Council meeting has been cancelled and reported that the next regular City Council meeting will be held on Monday, January 22, 2024, and the Strategic Planning Workshop will be held on Tuesday, January 30, 2024. City Manager Ingram wished the entire staff team, City Council, and the community a happy and safe holiday season. COUNCIL COMMENTS Council Member Kalmick reported that he attended the Rivers and Mountains Conservancy meeting, the Orange County Fire Authority (OCFA) monthly board meeting, and the Orange County Council of Governments (OCCOG) board meeting. He also reported that he attended the dedication and opening ceremony of the I-405 freeway. Council Member Steele noted that he was not at the last city council meeting as he was on a mission trip in Africa. He reported his attendance at the Orange County Sanitation District (OCSan) meeting. He reported that the OCSan’s operations committee voted to approve $81 million dollars for a new pump station in Seal Beach, on the corner of Westminster and Seal Beach Boulevard. Lastly, he reported that there will be 900 feet of Seal Beach Boulevard that will be used as the construction staging area for OCSan for the next three (3) years. Mayor Pro Tem Sustarsic reported her attendance at three (3) Citizen-Council Ad Hoc Parking Committee meetings, an Orange County Sanitation District (OCSan) board 8 5 1 0 meeting, the Turkey Trot, the Seal Beach Christmas tree lighting, City staff holiday potluck, a Western Accreditation of Schools, and Colleges (WASC) meeting for the accreditation of Los Alamitos High School, and a regional military affairs committee meeting. She also noted a meeting with Public Works staff regarding the upcoming renovations at Heather Park. A dialogue ensued between Mayor Pro Tem Sustarsic and Public Works Director Lee regarding the renovations at Heather Park. Mayor Pro Tem Sustarsic reported she attended the sewer and water rates webinar and thanked Iris for scheduling the webinar. Additionally, Mayor Pro Tem Sustarsic reported her attendance at the Orange County Council of Governments (OCCOG) meeting regarding their regional transportation plan, a retirement celebration for Dr. Joanna Schilling, President of Cypress College, the Seal Beach Christmas parade, the I-405 dedication ceremony, Breakfast with Santa at Marina Park, the Seal Beach Police Department swearing-in and badge pinning ceremony, and the Santa and snow event at Heather Park. Council Member Landau reported that she attended four (4) town hall meetings, the Turkey Trot, Christmas tree lighting ceremony, Thanksgiving dinner and bingo at St Anne’s Church, a ribbon cutting ceremony for Marni’s, a webinar regarding water and sewer, the Christmas parade, the I-405 dedication, the swearing-in and pinning ceremony at the Seal Beach Police Department, and the Breakfast with Santa event. Additionally, she reported that the residents are aware that the City is developing an Environmental Impact Report for the housing element update related to zoning code changes. Lastly, she thanked Deputy City Clerk Engstrom for her years of service and wished her luck in her future endeavors, and she wished everyone a happy holiday season. Community Development Director Smittle provided an update on the housing element. She stated that the document is still in progress and written comments are due by Friday, December 15, 2023, by 5pm. She also noted that the report can be accessed on the City’s website by doing a search using the word “environmental” in the search bar and at the following link: bit.ly/sb_isnop. Mayor Moore reported his attendance at two (2) Ad Hoc Parking Committee meetings. He also reported kicking off the Turkey Trot, his attendance at the Christmas tree lighting ceremony, a ribbon cutting at Marni’s, the Christmas parade, and Esther Kenyon’s 90th birthday party where he presented a proclamation to her on behalf of the City. Mayor Moore also reported his attendance at the Seal Beach Police Department’s swearing-in ceremony and noted that he judged the Christmas decorations at City Hall. Mayor Moore thanked City staff for all their hard work, especially with all the mandatory requirements and code changes. Mayor Moore expressed his thanks for the new phone 8 5 1 0 system and highlighted that the Council committed the use of the American Rescue Plan Act of 2021 (ARPA) funds for critical items, such as the bandwidth from the City to Lifeguard Headquarters, and the much-needed improvements at the West End Pump Station. Lastly, Mayor Moore expressed his gratitude to staff on the groundbreaking at the Seal Beach Tennis and Pickleball Center and the submission of several revisions to the California Department of Housing and Community Development (HCD) related to the housing element. He closed by thanking his fellow City Council Members, the residents, and his family. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Landau moved, second by Mayor Pro Tem Sustarsic, to approve the recommended actions on the consent calendar with exception of Items F, G, and I. A. Approval of the November 13, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on November 13, 2023. B. Demands on City Treasury (Fiscal Year 2024) December 11, 2023 - Ratification. C. Monthly Investment Report (October 31, 2023) - Receive and file. D. 2024 Calendar of Meeting Dates - That the City Council receive and file the 2024 calendar of meeting dates, which include the cancellation of the first meeting in July (8th) and the second meetings in August (26th), November (25th), and December (23rd). E. Rejecting All Bids for the Pier Concrete Abutment Restoration, CIP BP2201 - That the City Council adopt Resolution 7466 rejecting all bids received for Pier Concrete Abutment Restoration, CIP BP 2201 F. Accepting Grant Funds and Authorizing Execution of an Agreement with the South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program - That the City Council adopt Resolution 7467: 1. Accepting an award of grant funds in the amount of $162,891 from South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program; and, 2. Authorizing the City Manager, or her designee, to execute the Agreement with South Coast Air Quality Management District, amendments and other related documents, and to take all such other actions, as may be required to secure the grant funds and implement the approved grant under the Mobile Source Air Pollution Reduction Review Committee Microtransit Service Program Grant. G. Termination of Agreement with Orange County Sanitation District - That the City Council adopt Resolution 7468, terminating the Standard Agreement for Collection of Sewer Connection Charges with the Orange County Sanitation District. 8 5 1 0 H. Submittal of Yearly Expenditure Report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility - That the City Council adopt Resolution 7469: 1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2022-2023 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and, 2. Adopting M2 Expenditure Report for FY 2022-2023; and, 3. Directing the City Manager, or her designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2023. I. Awarding and Authorizing Execution of Public Works Agreements with Sequel Contractors, Inc. for the Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811 - That the City Council adopt Resolution 7470: 1. Approving the plans, specifications, and contract documents for Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811; and, 2. Approving and awarding a public works agreement to Sequel Contractors, Inc. in the amount of $2,332,420, including the Total Base Bid of $2,280,420 and Additive Bid Items #59 and 60; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Sequel Contractors, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $200,000 and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $300,000; and, 5. Approving Budget Amendment BA #24-06-01 in the amount of $740,000. J. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Alexander’s Contract Services, Inc. for Water Meter Reading Services Pilot Program - That the City Council adopt Resolution 7471: 1. Approving Amendment No. 1 to the Professional Services Agreement with Alexander’s Contract Services, Inc. dated March 28, 2022, extending the term of the Agreement to December 31, 2023; and increasing compensation by $28,800 for the additional services during the extension, for the revised total not-to-exceed amount of $71,618.40, for the extended term; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City. The vote below is for all the Consent Calendar Items with exception of Items F, G, and I: AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR F. Accepting Grant Funds and Authorizing Execution of an Agreement with the South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program - That the City Council adopt Resolution 7467: 1. Accepting an 8 5 1 0 award of grant funds in the amount of $162,891 from South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program; and, 2. Authorizing the City Manager, or her designee, to execute the Agreement with South Coast Air Quality Management District, amendments and other related documents, and to take all such other actions, as may be required to secure the grant funds and implement the approved grant under the Mobile Source Air Pollution Reduction Review Committee Microtransit Service Program Grant. Public Works Director Lee provided an overview of the staff report. Council Members’ questions and concerns were addressed. Council Member Steele moved, second by Council Member Landau to approve Item F. AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried G. Termination of Agreement with Orange County Sanitation District - That the City Council adopt Resolution 7468, terminating the Standard Agreement for Collection of Sewer Connection Charges with the Orange County Sanitation District. Community Development Director Smittle provided an overview of the staff report. Council Members’ questions and concerns were addressed. Mayor Pro Tem Sustarsic moved, second by Council Member Kalmick to approve Item G. AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried I. Awarding and Authorizing Execution of Public Works Agreements with Sequel Contractors, Inc. for the Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811 - That the City Council adopt Resolution 7470: 1. Approving the plans, specifications, and contract documents for Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811; and, 2. Approving and awarding a public works agreement to Sequel Contractors, Inc. in the amount of $2,332,420, including the Total Base Bid of $2,280,420 and Additive Bid Items #59 and 60; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Sequel Contractors, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $200,000 and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $300,000; and, 5. Approving Budget Amendment BA #24-06-01 in the amount of $740,000. 8 5 1 0 Public Works Director Lee provided an overview of the staff report. Council Members’ questions and concerns were addressed. Mayor Pro Tem Sustarsic moved, second by, Council Member Landau to approve Item I. AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS K. Presentation of Water and Sewer Rate Study and Set Public Hearing Regarding the Proposed New Water and Sewer Rates - That the City Council adopt Resolution 7472: 1. Authorizing the City Manager to notify the public of the proposed Water and Sewer Rates in compliance with Proposition 218; and, 2. Setting the Water and Sewer Rate Study Public Hearing date for February 12, 2024. Public Works Director Lee provided an overview of the staff report. Council Members’ questions and concerns were addressed. Mayor Pro Tem Sustarsic moved, second by Mayor Moore to approve Item K. AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried L. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2024. City Clerk Harper opened the nomination for Mayor for 2024. Mayor Moore nominated Mayor Pro Tem Sustarsic for Mayor, second by Council Member Landau. City Clerk Harper took a roll call vote to approve the nomination of Mayor Pro Tem Sustarsic to serve as Mayor for 2024. 8 5 1 0 AYES: Moore, Sustarsic, Landau, Kalmick, Steele NOES: None ABSENT: None ABSTAIN: None City Clerk Harper announced that the City Council voted unanimously for Mayor Pro Tem Sustarsic to serve as Mayor for 2024. City Clerk Harper opened the nomination for Mayor Pro Tempore for 2024. Mayor Pro Tem Sustarsic nominated Council Member Landau, second by Mayor Moore. City Clerk Harper took a roll call vote to approve the nomination of Council Member Landau to serve as Mayor Pro Tem for 2024. AYES: Moore, Sustarsic, Landau NOES: Kalmick, Steele ABSENT: None ABSTAIN: None Council Member Kalmick nominated Council Member Steele, second by Council Member Steele for Mayor Pro Tem for 2024. City Clerk Harper took a roll call vote to approve the nomination of Council Member Steele to serve as Mayor Pro Tem for 2024. AYES: Kalmick, Steele NOES: Moore, Sustarsic, Landau ABSENT: None ABSTAIN: None City Clerk Harper announced that the motion failed to nominate Council Member Steele as Mayor Pro Tem and that Council Member Landau will serve as Mayor Pro Tem for 2024. Council Member Landau and Mayor Pro Tem Sustarsic recognized outgoing Mayor Moore for his service and leadership as Mayor. Mayor Sustarsic presented him with a gavel plaque. Mayor Moore provided brief comments and thanked the Council, the community and his family for their support. ADJOURNMENT Mayor Moore adjourned the City Council meeting in memory of Seal Beach resident and former City Manager for the City of Commerce Bob Hinderliter, at 9:35 p.m., to Monday, January 22, 2024, at 5:30 p.m. to meet in Closed Session if deemed necessary. He noted that the January 8, 2024, City Council meeting has been cancelled. 8 5 1 0 __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:2024 City Council Appointments as Representatives to Intergovernmental Agencies ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7473: 1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2024; and, 2. Directing the City Clerk to revise and post on the website the 2024 Fair Political Practices Commission (FPPC) Form 806. BACKGROUND AND ANALYSIS: The Mayor will appoint Council Members to represent the City on various outside agency boards at the beginning of each year, subject to the concurrence of the City Council. In 2020, Agency appointments to Bay City Sub-Committee (DWP property), Elected Officials – Joint Forces Training Base Ad Hoc Meetings (Cypress, Los Alamitos, Garden Grove, Seal Beach), OCTA – Interstate 405 Corridor Cities Ad Hoc Group and the Joint Land Use Study Working Group were removed as the work has been completed for the purposes for which these committees were formed. In the event other needs arise, the Council can make any future appointments as deemed necessary. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. 1 7 0 6 FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7473: 1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2024; and, 2. Directing the City Clerk to revise and post on the website the 2024 Fair Political Practices Commission (FPPC) Form 806. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7473 B. Mayoral Appointments to Outside Agencies for 2023 – Resolution 7382 C. Orange County Fire Authority Board of Continuity – December 2023 RESOLUTION 7473 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVISING AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF COUNCIL REPRESENTATIVES AND ALTERNATES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS, DISSOLVING THE CITY TREE ADVISORY BOARD, AND RESCIND RESOLUTION NUMBER 6617, 6527, 6551, 6783, 6897, 6993, 7101, 7234 AND 7382 WHEREAS, the duly selected Mayor of the City of Seal Beach has revised the appointment of various members of the City Council to be the City’s official representatives or alternate representatives to various boards, agencies and organizations requiring such representation. THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby confirms the following appointments, effective as of the date of this Resolution: Agency Representative *Representative or Alternate California Joint Powers Insurance Authority Schelly Sustarsic Jill Ingram League of California Cities, Orange County Division Schelly Sustarsic Lisa Landau Leisure World Standing Committee (2 representatives)Nathan Steele *Thomas Moore Los Alamitos Unified School District Standing Committee (2 representatives) Lisa Landau *Thomas Moore Los Cerritos Wetlands Authority Lisa Landau Joe Kalmick Orange County Fire Authority Joe Kalmick ------ Orange County Library Board Lisa Landau Nathan Steele Orange County Sanitation District, Board of Directors Schelly Sustarsic Lisa Landau Orange County Vector Control Board Nathan Steele ------- Santa Ana River Flood Protection Agency Joe Kalmick Nathan Steele Seal Beach Audit Committee Nathan Steele Lisa Landau West Comm – Joint Powers Authority Lisa Landau Nathan Steele West Orange County Water Board Nathan Steele Joe Kalmick Chamber of Commerce Committee (2 representatives)Schelly Sustarsic *Thomas Moore SECTION 2. This Resolution shall supersede Resolution Number 6617, 6527, 6551, 6783, 6897, 6993, 7101, 7234, 7382 and all other prior appointments. The City Clerk shall revise FPPC Form 806 to be consistent with the appointments in Section 1. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: AYES: Council Members: NOES: Council Members: __________________________________________ ABSENT: Council Members: __________________________________________ ABSTAIN: Council Members: __________________________________________ Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7473 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk O R A N G E C O U N T Y F I R E A U T H O R I T Y P.O. Box 57115, Irvine, CA 92619-7115  1 Fire Authority Road, Irvine, CA 92602 Brian Fennessy, Fire Chief (714) 573 -6000 www.ocfa.org Serving the Cities of: Aliso Viejo • Buena Park • Cypress • Dana Point • Garden Grove • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • Los Alamitos • Mission Viejo • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Santa Ana • Seal Beach • Stanton Tustin • Villa Park • Westminster • Yorba Linda • and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE ALARMS SAVE LIVES December 27, 2023 Ms. Jill Ingram, City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740-6379 Re: Continuity of Appointee to the OCFA Board of Directors Dear Ms. Ingram: As Chair of the Orange County Fire Authority (OCFA) Board of Directors, I am writing to request your assistance in the coming months when OCFA’s member agencies make annual appointments of representatives to the Authority’s Board. Presently, each Director serves on the OCFA Board until the selection of a successor by the appointing body. As part of our ongoing efforts to foster effective governance of the OCFA, we would like to retain continuity of the current Director serving on the Board and minimize turnover to the extent possible. With an operating budget approaching half a billion dollars, over 1,500 employees, four labor associations, and the operation of 78 fire stations, the issues we face are myriad and complex. The learning curve is steep to become familiar with the organizational structure, its operations and finances, and the types of policies and issues that come before the Board. We recognize that turnover is unavoidable when Board appointees are termed-out or when they change as a result of election outcomes. However, as Chair, I’m seeking support from our member agencies to minimize voluntary changes made to our Board appointees such as those that can occur in January when our cities and the County reorganize the leadership of their governing bodies and make a variety of committee appointments. We would appreciate your assistance in discussing and sharing this with the members of your City Council. If you have any questions, please contact me at (714) 998-1500 or Chief Fennessy at (714) 573-6010. Sincerely, Vince Rossini Chair, OCFA Board of Directors cc: Joe Kalmick, OCFA Board of Directors Brian Fennessy, Fire Chief Agenda Item E AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Report of City Manager and Department Heads Authorized Contracts _______________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the report. BACKGROUND AND ANALYSIS: In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager. The City Manager has the authority to approve and execute contracts up to the amount of $40,232. Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. For departments other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which are set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority. A list of contracts executed by the City Manager and Department Heads for the period of October 1, 2023 – December 31, 2023. AGREEMENT DATE DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION DATE 10/02/2023 Public Works Local Agency Engineering Associates, Inc. (LAE, Inc.) $25,000.00 Interagency Support & Program Management Services 06/30/2025 1 7 0 7 10/02/2023 Public Works Nichols Consulting Engineers, CHTD $27,900.00 2024 Pavement Management Report 09/10/2024 10/02/2023 Public Works W.G. Zimmerman Engineering, Inc. $12,000.00 Development Review Professional Services 07/31/2026 10/02/2023 Public Works JCL Traffic Services $23,515.00 FY23/24 Special Events Traffic Management Services 10/02/2024 10/02/2023 Community Development 4Leaf, Inc.$24,000.00 Interim Code Enforcement Staffing 04/02/2024 10/02/2023 City Manager Tripepi Smith $39,150.00 Communications Support/Public Outreach 04/02/2024 10/26/2023 City Manager Baker Tilly $16,900.00 Facilitate 2024 Strategic Planning Workshop 02/28/2024 11/01/2023 Public Works Silsby Strategic Advisors, Inc. $26,000.00 Fleet Modernization Analysis 12/31/2024 11/01/2023 Community Development Holistic Systems Integration Solutions $24,000.00 Configuration and Implementation of Solar App 12/31/2024 11/13/2023 Public Works PlanetBids (PBY System) Support Service Agreement $ 7,477.32 Vendor and Bid Management 6/20/2026 11/14/2023 Finance Sherry Johnson $25,500.00 Enterprise Resource Planning System Implementation Until Completion 11/17/2023 Public Works Tyler Technologies My Civic Suite Free for First Year Citizen Engagement Software 11/17/2024 1 7 0 7 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is sufficient funding available in the Fiscal Year 2023-2024 budget. However, as with all City Council approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Manager, and City Clerk. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council receive and file the report. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Interim Deputy City Clerk Agenda Item F AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson , Chief of Police SUBJECT:Memorandum of Understanding with the Federal Bureau of Investigations (FBI) to Authorize the Seal Beach Police Department to Use the Jerry Crowe Regional Tactical Training Facility for Personnel Training ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7474 to approve and authorize the Chief of Police to sign the Memorandum of Understanding (MOU) with the Federal Bureau of Investigations (FBI) authorizing the use the of the Jerry Crowe Regional Tactical Training Facility for personnel training by the Seal Beach Police Department. BACKGROUND AND ANALYSIS: The Seal Beach Police Department is always seeking various training locations to meet all of our training needs. In doing so the Seal Beach Police Department has located the Jerry Crowe Regional Tactical Training Facility (JCRTTF), in Irvine, California. This training center is run by the Federal Bureau of Investigations, which has agreed to allow local police agencies use the facility at no cost, when entering into a MOU. In exchange for use of the facility at no cost, the City is responsible for any damage that may occur during training exercises, although the Police Department does not expect any incidents. The Jerry Crowe Regional Tactical Training Facility offers an outdoor shooting range for vehicles to access. In addition, they offer the only live ammunition training center in the immediate area. This will allow police officers to train with live ammunition in a controlled environment, with constant supervision. This training is highly sought after, as it provides officers with real-life live fire training. The Seal Beach Police Department will ensure that an agency qualified firearms instructor (and/or range master) is present for the firearms range at all times during firearms use. Additionally, the Seal Beach Police Department personnel shall abide by all FBI range safety protocols. Page 2 1 7 0 1 Allowing the Chief of Police, the ability to sign this MOU will provide the police department personnel access to a vital training facility to ensure officers are prepared for the possible demands they might face in the field. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no cost related to the item, as the MOU states in Section III. (A) The FBI operates the JCRTTF and agrees to allow the Seal Beach Police Department to use the JCRTTF for training purposes on a cost-free basis. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7474 to approve and authorize the Chief of Police to sign the Memorandum of Understanding (MOU) with the Federal Bureau of Investigations (FBI) authorizing the use the of the Jerry Crowe Regional Tactical Training Facility for personnel training by the Seal Beach Police Department. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Michael Ezroj, Operations Captain ATTACHMENTS: A. Resolution 7474 B. MOU between the FBI and Seal Beach Police Department RESOLUTION 7474 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATIONS (FBI) TO AUTHORIZE THE SEAL BEACH POLICE DEPARTMENT TO USE THE JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY FOR PERSONNEL TRAINING. WHEREAS, The Seal Beach Police Department benefits from the use of live training in controlled environments. WHEREAS, The FBI’s Jerry Crowe Regional Tactical Training Facility offers such a training location and is being made available for use by the Seal Beach Police Department at no cost under the terms of the proposed memorandum of understanding (MOU). THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the MOU with the Federal Bureau of Investigations to Authorize the Seal Beach Police Department to use the Jerry Crowe Regional Tactical Training Facility for Personnel Training. Section 2. The City Council hereby authorizes the Chief of Police to compete complete and execute the MOU on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the January 22, 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor 8 6 3 3 ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: ___________________________ Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7474 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January, 2024. Gloria D. Harper, City Clerk Between the FEDERAL BUREAU OF INVESTIGATION and the SEAL BEACH POI-ICE DEPARTMENT For Use of the JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY I. PARTIES This Use Agreement is entered into by and between the Federal Bureau of lnvestigation (FBl) and the Seal Beach Police Department. II. AUTHORITIES A Authority for the FBI to enter into this a8reement can be found at 28 U.S.C. 5 533; 3+ U.S.c. S 10211; and 28 C.F.R. 5 0.85. The authority for the Seal Beach Police Department to enter into this agreement can be found at The purpose of this Memorandum of Understanding (MOU) is to define the terms of use by the Seal Beach Police Department ofthe Jerry Crowe Regional Tactical Training Facility (iCRTTF) in Orange County, California. The Seal Beach Police Department has requested use of the JCRTTF to conduct training for its personnel. The FBI operates the J CRTTF and agrees to allow the Sea I Beach Police Department to use the JCRTTF for training purposes on a cost free basis. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, their parent agencies, the United States, or the officers, employees, agents or other associated personnel thereof. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto ofthe tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such A C MEMORANDUM OF UNDERSTANDING III. PURPOSE B. expenditu res. IV. RESPONSIBILITIES V. LIABILITY A Through this agreement, the FBI permits the Seal Beach Police Department to use the JCRTTF on an "as available basis" as determined solely by the FBl. The Seal Beach Police Department will ensure that its employees while using the JCRTTF are both legally and medically qualified according to Seal Beach Police Department standards to perform firearms training. The Seal Beach Police Department shall ensure that an agency qualified firearms instructor (and/or range master) is present on the firearms range at all times during firearms use. No training shall commence until authorized by the on-site FBI firearms instructor. The Seal Beach Police Department shall abide by all FBI range safety protocols. The FBI retains the right to immediately stop any Seal Beach Police Department training at the JCRTTF that the FBI determines to be unsafe or hazardous to the environment. The Seal Beach Police Department shall keep a record of all ammunition, including type and quantity, discharged at the facility. The Seal Beach Police Department shall provide a copy of this record to the FBI at the conclusion of each train ing day. The Seal Beach Police Department agrees to be responsible for any damage to JCRTTF facilities caused by any act or omission on the part of Seal Beach Police Department employees. C D E F G The FBI has the exclusive responsibility of managing and administrating the use of the JcRTrF. B The Seal Beach Police Department acknowledges that financial and civil liability, if any, for the acts and omissions of its employees remains vested with Seal Beach Police Department. To the extent permissible by law, the Seal Beach Police Department agrees to release and discharge the FBl, its personnel, agents, and employees, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, resultinB from or arising out of the Seal Beach Police Department 's use of the JCRTTF to cond uct its tra in ing. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his or her employment, shall be an action against the United States under the FTCA, 28 U.S.C. 5 1346(b), and 55 2671 - 2680. c A VII. AMENDMENTS A A Specia I Agent Candace Corte Federa I Bureau of lnvestigation One Magazine Road, lrvine, California 92618 Cell: (714) 673-2666 cecorte @fbi.sov Theterm of the MOU shall be for three years. The MOU may beterminated at will by any party, provided written notice is provided to the other parties of not less than thirty (30) days. This agreement may be amended only by mutual written consent of the parties. The modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of the FBI and the Seal Beach Police Department. A. B. VI. DURATION VIII. EFFECTIVE DATE A. This MOU shall be effective on the date of the last signature. IX. POINTS OF CONTACT Captain Mike Ezroj - Operations Captain Seal Beach Police Department l'562l, 799-4tOO MEzroi(osealbeachca.sov SIGNATORIES: Michael Henderson Chief of Police Seal Beach Police Depa rtment Date: \1\\ Date: Josh Murphy Special Agent in Charge Los Angeles Field Office Federal Bureau of lnvestigation Agenda Item G AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for Sidewalk Assessment and Trip Hazard Removal Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7475: 1. Accepting the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance. BACKGROUND AND ANALYSIS: Sidewalks develop unevenness over time due to pavement expansion and contraction, underlying soil conditions, trees, landscaping, and other deterioration reasons. The City routinely conducts inspection and maintenance of these public sidewalks, note deficiencies, and systematically makes repairs. On January 1, 2019, and again on February 15, 2023, the California Joint Powers Insurance Authority (“CJPIA”) entered into a Master Services Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting (“Precision”) to provide CJPIA members access to professional sidewalk inspection and maintenance services. This agreement has an established set of services and related costs to ultimately facilitate trip hazard removals. The City is a CJPIA member. City of Seal Beach Municipal Code Section 3.20.025(D) provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications. Page 2 1 6 9 7 On August 15, 2022, City entered into a Professional Maintenance Services Agreement with Precision, leveraging CJPIA’s Master Service Agreement to pilot a sidewalk assessment and trip hazard removal program. On December 12, 2022, the City Council adopted Resolution 7350 approving Amendment No. 1 for additional services. The work completed by Precision, referred to as Phase 1, generated a detailed inspection database of the surveyed area and addressed critical trip hazard locations. On August 14, 2023, the City Council adopted Resolution 7438 approving Phase 2 of Precision’s Sidewalk Assessment and Trip Hazard Removal Services in the amount of $125,000, to address remaining locations where trip hazard removal can be achieved, as identified in the inspection database. On August 14, 2023, City entered into a Professional Services Agreement with Precision to carry out Phase 2. The Project has been completed and inspected to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c) as the work involves maintenance and repair of existing facilities with negligible or no expansion of use. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract budget totals $125,000. The table below represents a breakdown of the total construction Project cost: Description Amount Capital Projects (O-ST-4)$ 7,834 Capital Outlay (ST2401)$ 106,649 Project Cost $ 114,483 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 6 9 7 RECOMMENDATION: That the City Council adopt Resolution 7475: 1. Accepting the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7475 B. Notice of Completion RESOLUTION 7475 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL SERVICES BY SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. DBA PRECISION CONCRETE CUTTING, AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7475 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on December 12, 2023. The work was Sidewalk Assessment and Trip Hazard Removal Services CIP O-ST-4. 6. The name of the contractor(s), if any, for such improvement was: Southern California Precision Concrete, Inc. dba Precision Concrete Cutting. 7. The date of the Contract Award was August 14, 2023. 8. The property on which said work of improvement was completed in various streets within the City of Seal Beach, County of Orange, State of California, Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2024, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item H AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing Execution of Public Works Agreement with Alfaro Communications Construction, Inc. for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP No. O-ST-4 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7476: 1. Approving the plans, specifications, and contract documents for Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4; and, 2. Approving and awarding a public works agreement to Alfaro Communications Construction, Inc. in the amount of $47,404, including the Total Base Bid of $44,388 and Additive Bid Item #9 of $3,016; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Alfaro Communications Construction, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $7,000 and inspection services up to $3,000 in connection with the Project, in the cumulative not-to-exceed amount of $10,000. BACKGROUND AND ANALYSIS: The Americans with Disabilities Act (“ADA”) that was enacted in January 1990 prohibits discrimination against people with disabilities. Title II of the ADA specifically protects qualified individuals with disabilities from discrimination based on disability in services, programs, and activities provided by state and local governments. Page 2 1 7 0 3 ADA applies to all public facilities, whether constructed before or after the enactment of the ADA in 1990. Facilities include, but are not limited to, buildings, parks, public sidewalks, plazas, and crosswalks. River’s End Park is generally located at the southwest corner of the 1st Street and Ocean Place intersection. Accessible paths of travel currently exist around various Park access points; however, it is further desired to provide an additional accessible path of travel across 1st Street, entering the Park from its northerly side. The Pedestrian Improvement (Central Way at 1st Street) Project ("Project"), will provide general ADA upgrades including the installation of flashing traffic signs, crosswalk, and the reconstruction of an existing curb ramp. On November 30, 2023, Project construction bids were solicited via PlanetBids. On December 21, 2023, the City Clerk’s office received eight (8) bids with the following results: Rank Contractor Total Base Bid Low Alfaro Communication Construction, Inc.$ 44,388 2nd Cheloletty Engineering Inc.$ 45,598 3rd Champion’s Structures $ 58,500 4th Gentry General Engineering $ 63,700 5th Splice Construction Co, Inc.$ 70,199 6th Carvajal Trucking & Tractor, Inc.$ 87,995 7th Hardy & Harper, Inc.$ 95,000 8th We R Builders, Inc.*$115,050 *Bid Withdrawn - On December 22, 2023, We R Builder, Inc. sent a letter of withdrawal of their bid submission. The determination of the lowest apparent bidder is based on the Total Base Bid amount. However, the project requested pricing for optional additive bid items for work the City may elect after the bid opening. Staff evaluated the lowest Total Base Bid, and additive bid item pricing, and found the costs to be appropriate and competitive with industry standards. Therefore, it is recommended to include the following additive bid item: 1. Additive Bid Item #9: Remove Concrete and Install Landscaping Based upon references, qualifications, work experience, and cost, staff is deeming Alfaro Communications Construction, Inc. as the lowest responsible bidder at $44,388 for the Total Base Bid ($47,404 Total Bid). Staff, therefore, recommend awarding the Pedestrian Improvement (Central Way at 1st Street) Project to Alfaro Communications Construction, Inc., and rejecting all other bids. Page 3 1 7 0 3 Additionally, Staff recommends that the City Council authorize the City Manager to approve additional work requests up to $7,000 and inspection services up to $3,000 in the cumulative, in a not-to-exceed amount of $10,000. ENVIRONMENTAL IMPACT: The Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301(c) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: Sufficient funding has been allocated in the FY 2023-24 Capital Improvement Program budget for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4. No budget adjustments are recommended. The table below represents the estimated breakdown of the Project’s construction costs: Description Amount Total Base Bid $44,388 Additive Bid Item $ 3,016 Contingency $ 7,000 Inspection/Construction Support $ 3,000 Total $57,404 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7476: 1. Approving the plans, specifications, and contract documents for Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4; and, 2. Approving and awarding a public works agreement to Alfaro Communications Construction, Inc. in the amount of $47,404.00, including the Total Base Bid of $44,388.00 and Additive Bid Item #9 of $3,016.00 and rejecting all other bids; and, Page 4 1 7 0 3 3. Authorizing the City Manager to execute a public works agreement for construction services to Alfaro Communications Construction, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $7,000 and inspection services up to $3,000 in connection with the Project, in the cumulative not-to-exceed amount of $10,000. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: William Luna, Assistant Engineer ATTACHMENTS: A. Resolution 7476 B. Public Works Agreement with Alfaro Communications Construction, Inc. C. We R Builder, Inc. Letter of Withdrawal, dated December 22, 2023 RESOLUTION 7476 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH ALFARO COMMUNICATIONS CONSTRUCTION, INC. FOR THE PEDESTRIAN IMPROVEMENT (CENTRAL WAY AT 1ST STREET) PROJECT, CIP NO. O-ST-4 WHEREAS, the Americans with Disabilities Act (“ADA”) that was enacted in January 1990 prohibits discrimination against people with disabilities; and, WHEREAS, ADA applies to all public facilities, whether constructed before or after its enactment in 1990. Facilities include, but are not limited to, buildings, parks, public sidewalks, plazas, and crosswalks; and, WHEREAS, the City desires to facilitate accessible path of travel to the River’s End Park via the intersection at Central Way at 1st Street; and, WHEREAS, the City has budgeted the Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4 in the Capital Improvement Program; and, WHEREAS, on November 30, 2023, Project bids were solicited via PlanetBids; and, WHEREAS, on December 21, 2023, the City Clerk’s office received eight (8) bids in response to the solicitation for bids, and Alfaro Communications Construction, Inc. submitted the apparent lowest responsible base bid in the amount of $44,388; and, WHEREAS, the City elects to include Additive Bid Item #9 in the amount of $3,016, for a total bid amount of $47,404; and, WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that Alfaro Communications Construction, Inc. is a qualified contractor to perform the Project. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project. SECTION 2. Based on the recitals set forth above, the City Council hereby awards 8 6 4 7 a public works agreement to Alfaro Communications Construction, Inc. for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4, in a total not-to-exceed amount of $47,404, including the Total Base Bid of $44,388 and Additive Bid Item #9; and rejects all other bids. SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement with Alfaro Communications Construction, Inc. on behalf of the City. SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests up to $7,000 and inspection services up to $3,000 in connection with the Project in the cumulative not-to-exceed amount of $10,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk 8 6 4 7 STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7476 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT PEDESTRIAN IMPROVEMENTS (CENTRAL WAY AT 1ST STREET) CIP NO. O-ST-4 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Alfaro Communications Construction Inc. 15614 S Atlantic Ave Compton, CA 90221 (310) 669-8949 (310) 693-5343 - FAX THIS CONTRACT (“Contract”) is made as of January 22, 2024, by and between the City of Seal Beach, a California charter city (“City”), and Alfaro Communications Construction Inc., a California Corporation (“Contractor”) RECITALS A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Pedestrian Improvements (Central Way at 1st Street), CIP No. O-ST-4 (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated November 30, 2023 and B. WHEREAS, Contractor submitted a Bid to City for the Project dated December 21, 2023 in the amount of $47,404.00 (“Bid” hereinafter) in response to the Notice Inviting Bids; and C.WHEREAS, Contractor is a California licensed “A” Contractor (State Contractor's license number (License #912727), DIR 1000042376); and D.WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor’s Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as Pedestrian Improvements (Central Way at 1st Street), CIP No. O-ST-4 (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids (including all exhibits and attachments), Instructions to Bidders (including all exhibits and attachments), Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. 1.3 Incorporation by Reference. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D, including Exhibits D-1, D-2, and D-3), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Accepted Bid Proposal with Bid Sheets (Exhibit G), and Project Plans (Appendix A). All Exhibits and other Contract Documents are hereby incorporated into this Contract by reference. 1.4 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.5 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 1.6 All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. 2. Effective Date/Time for Completion. 2.1 Effective Date. This Contract is effective as of January 22, 2024 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or suspended pursuant to this Contract. 2.2 Time for Completion. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 (sixty) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, the Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 3. Contractor’s Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $47,404.00 (Forty-Seven Thousand Four Hundred Four dollars and Zero Cents), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, taxes, costs, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. 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, subject to the not-to-exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor’s Personnel. 4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5.Indemnification. 5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in 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 Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2. 5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officials, officers, employees, attorneys, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in 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 Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D-3: Additional Insured Endorsement - Umbrella/Excess Liability 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers’ Compensation insurance as required by the State of California; and Employer’s Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer’s Liability/Worker’s Compensation Insurance: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law. 6.4 Additional Insureds. The General Liability and Automobile Liability and Umbrella/Excess Liability Insurance policies shall provide, or be endorsed to provide that City, its officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, attorneys, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, attorneys, agents, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it. 6.8.2 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. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its officials, officers, employees, agents, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Contract, Contractor waives all rights of subrogation against City and its officials, officers, employees, agents, attorneys, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. In accordance with Government Code Section 53069.85, should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. This Section does not exclude recovery of other damages or remedies specified in the Contract Documents. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: Alfaro Communications Construction Inc. 15614 S. Atlantic Ave. Compton CA, 90221 Telephone: (310) 669-8949 Fax: (310) 693-5343 Attn: Hugo Alfaro 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the Work of this Contract.” 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply and subject to compliance monitoring by the California Department of Industrial Relations (DIR), and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto, and the rules and regulations established by the DIR in implementing such statutes, as though expressly set forth herein, including any applicable amendments made thereto during the term of this Contract. For every Subcontractor who will perform work on this Project, Contractor shall be responsible for such Subcontractor’s compliance with the Labor Code provisions and DIR rules and regulations, and Contractor shall take all necessary actions to ensure Subcontractor’s compliance. Labor Code Section 1725.5 requires all Contractors and Subcontractors to annually register with the DIR before bidding or performing on any public work contract. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, “claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any Subcontractor must file a claim in accordance with the with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein. 17.3 In addition to compliance with Public Contract Code Section 9204 and Article 1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Contract. 18. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, in entering into this Contract or any subcontract to supply goods, services or materials pursuant to a public works contract, Contractor and any Subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests; Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Contract. Contractor further covenants that, in performance of this Contract, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Contract which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Contract. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Contract. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Contract without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor 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 Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Contract, Contractor 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 subsection. 20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: ___________________________ By: ____________________________ Jill R. Ingram, City Manager Name: __________________________ Attest: Title: __________________________ By: ___________________________ Gloria D. Harper, City Clerk By: ____________________________ Approved as to Form:Name: __________________________ Title: __________________________ By: ___________________________(Please note, two signatures required for Nicholas R. Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313. EXHIBIT A FAITHFUL PERFORMANCE BOND 16 Bond No. __________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: PEDESTRIAN IMPROVEMENTS (CENTRAL WAY AT 1ST STREET) (O-ST-4) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 17 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 18 EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) 19 Bond No. __________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), State of California, has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: PEDESTRIAN IMPROVEMENTS (CENTRAL WAY AT 1ST STREET) (O-ST-4) (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 20 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 21 EXHIBIT C WORKER’S COMPENSATION INSURANCE CERTIFICATE 22 WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8th Street Seal Beach, California 90740 The insureds under such policy or policies are: 2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date By: Its Authorized Representative 23 EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] 24 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 25 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Explosion Hazard ducts/Completed Operations operty Damage y 12. A deductible or self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable per claim or per occurrence (check one). 13. (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ 26 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) 27 EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 28 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 29 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles Truckers Coverage All Owned Automobiles Motor Carrier Act Non-owned Automobiles Bus Regulatory Reform Act Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage 12. A deductible or self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable per claim or per occurrence (check one). 13. (check one). 14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) 30 EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT UMBRELLA/EXCESS LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] 31 ADDITIONAL INSURED ENDORSEMENT UMBRELLA/EXCESS LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 32 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY Following Form Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NUMBER AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A deductible or self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable per claim or per occurrence (check one). 14. s made policy (check one). 15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________. 33 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) 34 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS 35 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three 36 business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________ 37 EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS 38 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” Date ___________________ Signature _______________________________________ 39 EXHIBIT G BID PROPOSAL (INCLUDING BID SHEETS) 40 We R Builders, Inc. 3746 Foothill Blvd. #304, Glendale, CA 91214 714.874.5275 | LETTER OF WITHDRAWAL OF BID 1 of 1 December 22, 2023 Attention To: City of Seal Beach, Department of Public Works 211 Eighth Street, Seal Beach, CA 90740-6379 Ref.: Formal Withdrawal of Proposal for Pedestrian Improvements (Central Way at 1st Street) – CIP No. O-ST-4 Bid Date & Time: December 21, 2023 at 9:00 A.M. Dear to Whom this May Concern, I am writing on behalf of We R Builders, Inc. to formally withdraw our proposal packet submitted in response to the public bid referenced above with the City of Seal Beach, which was due on December 21, 2023. We deeply regret any inconvenience this may cause and would like to provide an explanation for this withdrawal. We regret to inform you that we have identified a substantial discrepancy in our paperwork, resulting in an incorrect submission of our proposal due to an inadvertent human error on our part. We take full responsibility for this oversight, and we understand the importance of adhering to the specifications outlined in the RFP. Despite our initial enthusiasm and desire to participate in this project, we believe it is in the best interest of all parties involved to withdraw our bid at this time, given the errors in our submission. We recognize the significance of maintaining the integrity of the bidding process and ensuring that all proposals meet the established criteria. We want to stress our commitment to delivering high-quality services and products to the City of Seal Beach, and we sincerely apologize for any inconvenience or disruption this withdrawal may cause to your evaluation process. We value the City of Seal Beach as a potential partner and look forward to future opportunities to collaborate. If you require any further information or have any questions regarding our decision to withdraw our bid, please feel free to contact us at operations@wrbconstruction.com or (714) 874-5275. We are more than willing to address any concerns and provide clarifications as needed. Once again, we apologize for any inconvenience caused by our withdrawal and appreciate your understanding in this matter. We remain committed to the principles of transparency and fairness in the bidding process and hope for the possibility of working together on future projects with the City of Seal Beach. Thank you for your time and consideration. Sincerely, Nezar Alsmadi, President We R Builders, Inc. Nezar Alsmadi | Operations@WRBConstruction.com Agenda Item I AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with West Coast Arborists, Inc. for City-Wide Tree Maintenance Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7477: 1. Awarding a Professional Maintenance Services Agreement to West Coast Arborists, Inc., in a not-to-exceed amount of $259,010 per year to provide City-wide tree maintenance services for a three-year term; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $259,010 per one-year term extension; and, 4. Rejecting all other proposals. BACKGROUND AND ANALYSIS: The City’s urban forest consists of approximately 6,000 trees that require routine maintenance services to upkeep its health, safety, and beauty. The maintenance services to be provided by this agreement include tree trimming, stump removals, inventory management, and as-needed emergency work. The City’s current tree maintenance services agreement is set to expire on January 28, 2024. Accordingly, a City-Wide Tree Maintenance Services Request for Proposal (“RFP”) was issued on September 25, 2023. On October 30, 2023, the City received the following four (4) proposals: Page 2 1 7 0 4 Contractors West Coast Arborists, Inc. Brightview Tree Care Great Scott Tree Services, Inc. Mariposa Landscapes Inc. An evaluation panel reviewed the proposals and rated them according to the evaluation criteria set forth in the RFP, which included relevant experience, quality of references, cost, amongst other factors. The top three (3) vendors were subsequently invited for an in-person interview for further evaluation of their qualifications. Based on the above noted selection process, staff recommends selecting West Coast Arborists, Inc. as the most qualified to provide the City’s tree maintenance services. The Agreement is in the amount of $259,010 per year for the original three-year term limit. The Agreement also allows for two (2) additional one-year term extensions after its original term, in the amount of $259,010 per one-year extension, based on contractor performance and at the discretion of the City. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional maintenance services agreement with West Coast Arborists, Inc. will not have a significant effect on the environment. Tree maintenance complies with all requirements of the California Environmental Quality Act (CEQA) and is also categorically exempt under Section 15301 Class 1 Subsection (h) as the work involves maintenance of existing trees. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: Sufficient funding has been allocated in the FY 2023-2024 Budget. Funding for subsequent years will be programmed into future operations and maintenance budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 7 0 4 RECOMMENDATION: That the City Council adopt Resolution 7477: 1. Awarding a Professional Maintenance Services Agreement to West Coast Arborists, Inc., in a not-to-exceed amount of $259,010 per year to provide City-wide tree maintenance services for a three-year term; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $259,010 per one-year term extension; and, 4. Rejecting all other proposals. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: A. Resolution 7477 B. Agreement with West Coast Arborists, Inc. RESOLUTION 7477 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR CITY-WIDE TREE MAINTENANCE SERVICES WHEREAS, the City owns and maintains approximately 6,000 trees that require tree maintenance services to maintain the longevity and structural health of the trees; and, WHEREAS, the City’s current tree maintenance services agreement is set to expire on January 28, 2024; and, WHEREAS, on September 25, 2023, the City issued a Request for Proposals for City- Wide Tree Maintenance Services; and, WHEREAS, on October 30, 2023, the City received four (4) proposals; and, WHEREAS, the City performed a detailed review and evaluation of the proposals; and, WHEREAS, West Cost Arborists, Inc. was deemed responsive and most qualified. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a three (3) year Professional Maintenance Services Agreement (“Agreement”) to West Coast Arborists, Inc. in a not-to-exceed annual amount of $259,010 per year for the Original Term to provide City-Wide Tree Maintenance Services. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the West Coast Arborists, Inc. proposal dated October 30, 2023. Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with West Coast Arborists, Inc. for up to two (2) additional one-year terms, at her discretion, in a not to exceed amount of $259,010 per one-year term extension. Section 4. The City Council hereby rejects all other proposals. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: 8 6 3 7 AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7477 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk MAINTENANCE SERVICES AGREEMENT for City-Wide Tree Maintenance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & West Coast Arborists, Inc. 2200 E. Via Burton Anaheim, CA 92806 (714) 991-1900 This Maintenance Services January 22, 2024 West Coast Arborists, Inc. Contractor a California corporation, 2 of 23 RECITALS A. City desires certain city-wide tree maintenance services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on September 25, 2023, titled City-Wide Tree Maintenance Contractor submitted a proposal dated October 26, 2023 in response to the RFP. C. Contractor represents that it is registered with the California Department of Industrial Relations (DIR Registration #1000000956), and the California State Contractors Licensing Board (CSLB License #366764), and that Contractor is licensed in the following classifications: C-27 or C-61/D-49; and C-31. Contractor further represents that it is fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Contractor shall provide those city-wide tree maintenance set forth in the Request for and all standards and exhibits attached to and/or referenced in the RFP,attached hereto as Exhibit A City- B, 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP (Exhibit A), including all standards, attachments and exhibits attached thereto and/or referenced therein; and (ii) the Proposal (Exhibit B); (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C); and (iv) all other standards, attachments and/or exhibits attached to or referenced in this Agreement. 3 of 23 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (the RFP), including all standards, attachments and exhibits attached thereto and/or referenced therein; and then (iv) Exhibit B (the Proposal), shall govern. In the event that there is any conflict between this Agreement, on the one hand, and any of the Exhibits, on the other hand, this Agreement shall control. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Contractor, and Contractor and professional manner, and Contractor and Contractor Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Contractor operate as a release of Contractor from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor 1.5. Compliance with Laws. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work 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 as specified in Subsections 3.2 and 3.3. Payment for additional work in excess of this amount requires prior City Council authorization. 4 of 23 2.0 Term 2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years and shall expire at midnight on January 22, 2027, unless sooner terminated or extended as provided by this Agreement. 2.2. Extensions. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from January 22, 2027 through and including January 22, 2028, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from January 22, 2028 through and including January 22, 2029, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to representatives. 3.0 Contractor 3.1. Original Term. In consideration the Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed amount of $259,010.00 (two hundred fifty-nine thousand ten dollars and 00/100) for each year of the Original Term; and in no event will City pay more than the total not-to- exceed amount of $777,030.00 (seven hundred seventy-seven thousand thirty dollars and 00/100) for the Original Term. Payment for any additional work authorized by the City pursuant to Subsection 1.5 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, in consideration of A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $259,010.00 (two hundred fifty-nine thousand ten dollars and 00/100) for each one-year extension. Payment for any additional work authorized by City pursuant to Subsection 1.6 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award for each extension. 5 of 23 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor agents or representatives to inspect at Contractor business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.1.2. notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Contractor. This Agreement may be terminated by Contractor based on reasonable cause, by serving written notice of termination to City, provided that Contractor has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, Contractor termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the 6 of 23 Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Contractor. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. City Representative 6.1.1. this Agreement. 6.2. Contractor Representatives 6.2.1. Victor Gonzalez is the Contractor's primary representative for purposes of administering this Agreement. 6.2.2. Robert Thompson is the Contractor s representative responsible during the term of this Agreement for directing all maintenance activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. 6.2.3. Contractor may not change its representatives without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager 7 of 23 To Contractor: West Coast Arborists, Inc. 2200 E. Via Burton Anaheim, California 92806 Attn: Victor Gonzalez 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses For the duration of this Agreement, Contractor and all subcontractors performing the Services shall be registered with the Department of Industrial Relations (DIR), and the California State Contractors Licensing Board . Contractor and all subcontractors performing any of the Services shall possess any and all current licenses in the classifications, and certifications, listed in the RFP (Exhibit A) to perform the Services. Contractor and all of Contractor other personnel shall also obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.3. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor personnel under Contractor supervision. Contractor will determine the means, methods, and details by which Contractor employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.4. All of Contractor personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor not supervise any of employees supervise Contractor personnel. Contractor badge, identification number, or other information identifying such individual as an employee of City; and Contractor -mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor 8 of 23 except (1) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor review plans on file at City, pick up or deliver any work product related to Contractor any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.5. In addition to all other provisions of this Agreement, Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor 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, Contractor and any of its officers, employees, agents, and subcontractors providing any of the 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 as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.6. Contractor shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City 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 Contractor . or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor arising under this Section. This duty of indemnification is in addition to Contractor any other provision of this Agreement. Contractor covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and 9 of 23 contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall , commencing at Government Code § 20000, as amended by the Public the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Contractor 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 PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City 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 Contractor ny provisions of this Section 10.0. This duty of indemnification is in addition to Contractor other provision of this Agreement. Contractor covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Contractor covenants that all Work Product (as defined in Subsection 12.1), and/or any other data, documents, writings, discussion, or other information created, developed, prepared, received by or provided to Contractor in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Contractor. Contractor shall not disclose or release any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered 10 of 23 Contractor gives City timely notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor s and obligations under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Work Product 12.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever and any other documents and written material of any kind created, developed, prepared or used by Contractor in the performance of this Agreement shall be benefit of City. Upon completion of, or in the event of, termination or expiration of this Agreement, all Work Product 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 upon final payment being made 'in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or s own risk. Contractor shall not obtain or attempt to obtain copyright protection as to any Work Product. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 12.1. 11 of 23 12.3. Contractor 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 Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in Work Product violates federal, state or local laws, 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. Contractor 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 Work Product 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, Contractor, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. covenants and obligations shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision requiring the subcontractor to comply with all requirements of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Contractor shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without , which may be withheld for any reason. Any purported assignment, transfer or 12 of 23 delegation shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, 5.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect 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, as follows: 13 of 23 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Professional Liability (or Errors and Omissions) Liability Insurance: Contractor shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.2.4. Insurance in the amount required with limits no less than $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work. 14 of 23 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors 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 Contractor or for which Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (i) 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; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials. 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of Contractor's insurance and shall not be called upon to contribute with it. 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15 of 23 17.9. Waiver of Subrogation. Each insurance policy shall expressly waive , its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Contractor inform Contractor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor performance of Contractor o indemnify City under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. Contractor may also procure and maintain, at its own cost and expense, any additional kinds of insurance, 16 of 23 which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. 17.15. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or may involve coverage under any of the required insurance policies. 17.16. Subcontractor Insurance Requirements/Pass-Through Clause. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Contractor agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees to submit all agreements with contractors, subcontractors, and others engaged in 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent Indemnit in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively in law or equity, whether actual, alleged or threatened, to persons or property, including bodily injury, death, personal injury, and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to any breach of this Agreement and/or any acts, errors, omissions, negligence, or willful misconduct of Contractor, its officers, agents, servants, employees, contractors, subcontractors, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Contractor shall bear the legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise 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. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the 17 of 23 th such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity agreements, Contractor 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, arising out of, claimed to arise out of, pertaining to, or relating to any breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Contractor ants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor bear the legal liability) in the performance of this Agreement, except to the extent the Claims arise 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. 18.3. Compensation Acts Not Limiting. Contractor indemnification obligations under this Section, or any other provision of this mpensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination Equal and Employment Opportunity 18 of 23 Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors or subcontractors because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Contractor further covenants that in the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against any of contractors, contractors, subcontractors, subcontractors, or those City agents serving as independent contractors in the role of City officials on any such basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Recitals City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 23.0 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. 24.0 Severability The 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. 25.0 Government Code Claim Compliance 19 of 23 In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 26.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under any provision of this Agreement (whether contract, tort or both). 27.0 Non-Exclusive Agreement City reserves the right to employ or retain any other contractors in connection with this Project. 28.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 29.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 20 of 23 30.0 Prohibited Interests; Conflict of Interest 30.1. Contractor 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. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 30.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or 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 Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 30.3. Contractor 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 Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor 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 Section. 31.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility 21 of 23 or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 32.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall review of Contractor plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 33.0 Non-Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor Services beyond the current fiscal year, this Agreement shall cover payment for Contractor Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 34.0 Mutual Cooperation 34.1. . City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor 34.2. Contractor . Contractor agrees to work closely and jurisdiction or interest in the Services to be performed. In the event any claim or action is brought against City relating to Contractor rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 35.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 36.0 Attorneys' Fees 22 of 23 If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from therewith. 37.0 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. 38.0 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. 39.0 Corporate Authority The person executing this Agreement on behalf of Contractor 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 Contractor is formally bound to the provisions of this Agreement. [signatures contained on following page] EXHIBIT A Request for Proposals for City-Wide Tree Maintenance Services City of Seal Beach Request for Proposals for City-Wide Tree Maintenance Services Optional Pre-Proposal Conference: 10:00 A.M., October 11, 2023 City of Seal Beach Corporate Yard – 1776 Adolfo Lopez Dr. RFP responses to be received until 12:00 P.M., October 30, 2023 in the Public Works Department ATTN: Sean Sabo, Management Analyst Approved for Advertising: Iris Lee Director of Public Works Date Issued: September 25, 2023 ii Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE-PROPOSAL CONFERENCE AND QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A – Fee & Cost Proposal EXHIBIT B – Sample Contract 3 REQUEST FOR PROPOSALS FOR CITY-WIDE TREE MAINTENANCE SERVICES ALL INTERESTED PARTIES MUST REGISTER THROUGH PLANETBIDS. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA THE PLANETBIDS PORTAL. I. INTRODUCTION The City of Seal Beach (“City”) Public Works Department is requesting proposals from qualified contractors to provide professional tree maintenance as detailed in the Scope of Services. General items of work include pruning trees in accordance with the International Society of Arboriculture (ISA) Pruning Standards, disposal of all materials, tree planting, tree and/or stump removal, provide and maintain a tree inventory system, and other work that may be requested by the City. The objective of this Request for Proposal (“RFP”) solicitation is to identify the qualified contractor to provide the requested services for an anticipated term of three (3) years, with two (2) possible one (1) year extensions. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals. II. QUALIFICATIONS Minimum Qualifications • Minimum of seven (7) years of experience in professional tree maintenance services. • Experience and/or demonstrated ability to provide satisfactory services. • The successful bidder and any subcontractor(s) must possess a current and valid California contractor’s license(s) in the classification(s) required by law to perform the work: Licenses: o C-27 – Landscaping; and/or, o C-61 Limited Specialty/D49 Tree Service Contractor; and, o C-31 Construction Zone Traffic Control Certificates: o ISA Certified Arborists; and, o ISA Certified Tree Workers. • Ability to comply with the most current version of industry performance standards: o ANSI A300 Tree, Shrub and Other Woody Plant Management – Standard Practices, all parts, including Part 1- Pruning o ANSI Z60.1 Nursery Stock 4 o ANSI Z133 for Arboricultural Operations – Safety Requirement • Ability to company with all Applicable Laws and Regulations, including but not limited to: current requirements of the Occupational Safety and Health Act (OSHA), Migratory Bird Species Act (MTBA) and (ESA) Endangered Species Act and as it may be amended or updated throughout the term of this contract. • Local staffing able to respond to an emergency call-back within 30 minutes, and able to deploy the appropriate resources to respond within two (2) hours after being contacted by the City. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Maintain, or have the ability to quickly acquire, all necessary materials, labor, equipment, and other incidental and appurtenant work necessary for the tree maintenance services. Desirable Qualifications • Knowledge and experience with the City of Seal Beach’s standards, provisions, and practices. III. SCOPE OF SERVICES The City of Seal Beach intends to obtain the services of a qualified firm to provide the services as outlined below. Best industry practices and/or best management practices may require additional services not explicitly enumerated. The proposer should identify any additional services required, price them, and explain them in their response. Project Scope The work shall include furnishing all labor and equipment necessary to fully comply with the scope of work contained herein. Payment for tree services will be controlled by the unit bid prices provided. No additional compensation will be provided. Work includes but is not limited to: • Tree pruning • Tree training • Tree removal • Root pruning • Tree planting • Tree watering • Clean up and deposal of debris • Inventory and work record management • Integrated pest management (disease and insects) • Risk assessments/inspection/arborist report • Special request, e.g., crown reduction 5 EQUIPMENT AND PERSONNEL The contractor’s crew foreman and supervisor shall be Certified Arborists in good standing with the International Society of Arboriculture. Tree trimmers shall also be Certified Tree Workers. One certified arborist per crew and all trimmers must be certified tree workers. Contract personnel shall wear uniform shirts with the company name or logo printed on them, and they shall wear reflective safety vests while working within the roadway right-of-way. All aerial trucks shall be equipped with but not limited to the following: appropriate chain saws, loppers, pole pruners, hand pruners, blowers and plywood to complete all necessary work. No Contractor personnel shall be employed on any work site under these specifications that are found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the City, shall be discharged or removed from working on City jobs immediately. Contractor trucks will include the Contractor’s name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City of Seal Beach. The City must approve the design of the signs the Contractor will provide. Contractor is prohibited from parking his equipment overnight on City streets. Contractor shall provide their foremen with a laptop or other computerized device for the purpose of having the ability to view the City’s tree database and to collect the City’s tree asset numbers during pruning and any other tree related operation. Contractor shall have the capability to provide completed work orders and pertinent information in an Excel spreadsheet format to be imported into the City’s work order system. Contractor shall submit the completed form electronically. PERFORMANCE REQUIREMENTS Pruning Specifications Pruning shall conform to American National Standard, ANSI A300, and Tree Care Operations for Tree, Shrub and Other Woody Plant Maintenance – Standard Practices. Pruning will generally be Maintenance Pruning as described in ANSI A300, Section 5.3.2. Palm Requirement: During the removal of fronds, seeds/pods the Contractor shall check and remove any loose petioles from all palm species. This practice is not only limited to the base of the palm frond growth. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Director of Public Works or Designee, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Direct or of Public Works or Designee before work begins. Topping, tip pruning, or pollarding trees will not be allowed. Pruning shall be done by those experienced and skilled in pruning techniques (i.e., under the continual supervision of a certified arborist). All cuts shall be made using proper arboricultural and horticultural practices. Dressing wounds will not be allowed. 6 All trimmings and debris shall be cleaned up, removed, and disposed of off-site at the end of each day's work. Contractor shall clean all tire marks from hardscape, i.e., sidewalks, parking lots, curbs, gutters, etc., BEFORE final payment is received. Clean-up work shall consist of restoring site to original condition after work has been performed. Disposal and recordkeeping of all organic waste shall be in compliance with Senate Bill (SB) 1383 regulations. Contractor will maintain and report certain records, including delivery receipts and weight tickets, as identified in California Code of Regulations (CCR), Title 14. All documents supporting compliance with SB 1383 shall be available to the City upon request. Existing tree stakes, ties, and guys shall be checked and corrected as needed by the tree maintenance contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the atten tion of the Public Works Maintenance Services Supervisor. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Tree suckers shall be removed as needed. Lower branches can be removed only after tree is able to stand erect without staking or other support. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the tree maintenance contractor. The Contractor will replace and be held liable for any damages done to trees or landscaping due to poor management procedures of services rendered (i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.). If, at the sole discretion of the City, a newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species and acceptable. Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require full and complete repair of the damaged areas and plants. The Contractor shall notify DigAlert and follow safe digging guidelines prior to any excavation. Safety Requirements Tree Maintenance operations shall conform to American National Standard, ANSI Z133.1, Pruning, Trimming, Repairing, Maintaining, and Removing Trees and Cutting Brush – Safety Requirements. It shall be the Contractor’s responsibility to obtain the most current ANSI Z133.1 specifications. Tree Removals In addition to the ANSI A300 and Z133.1 standards, the following tree removal specifications shall apply: Each tree to be removed will be painted with a white spot at the base of the tree trunk. All tree stumps are to be ground within five (5) workdays. Stump grinding is to be a minimum of twelve inches (12”) below grade and until tree roots are no longer present. All stump chips are to be removed and the void backfilled with native soil or clean fill dirt, which is to be compacted and leveled to grade suitable for seeding or planting . All costs associated with stump grinding shall be included as part of the unit cost for tree removals. It shall be the responsibility of the Contractor to call in the tree stump location to Underground Service Alert (USA) prior to grinding the tree stump. 7 In cases where it is determined that the trees scheduled for removal have died due to the Eucalyptus Longhorn Borer or any other Borer, the wood shall be disposed of by hauling to an authorized disposal station. At no time shall any wood from trees having died from the Eucalyptus Longhorn Borer or any other Borer be hauled anywhere other than the authorized disposal station. The City must approve the disposal station prior to any disposal taking place. Payment for complete stump removal shall be included in the tree removal operation UNIT PRICE and no additional compensation will be allowed for crew rental rates, etc. Payment for tree removals will not occur until all related stumps have been removed. It shall be the judgment of the City to determine if a tree has died from Eucalyptus Longhorn Borer activity. The City may require the Contractor to show receipts of any or all disposed wood prior to payment for tree removals being made. Contractor shall notify the City immediately if any damage to City property occurs. Examples: broken irrigation heads, valves or piping, damaged drinking fountains, play equipment, non-target trees, turf and shrubbery, and any and all other city property damaged during the course of performing work for the City. All repairs must be completed within 5 days of the occurrence. Replacement of damaged landscaping or property will be replaced in-kind and the site restored to its original condition. Traffic Safety Contractor shall conform to all City of Seal Beach traffic safety requirements and operating rules at all times which this contract is in effect. Contractor shall conform to all standards and guidelines provided in the latest edition of the Work Area Traffic Control Handbook (WATCH) and California Uniform Traffic Control Devices (MUTCD). Vehicular traffic lane and bike lane closures on arterial streets shall be between the hours of 9:00 a.m. and 3:00 p.m. only, no exceptions. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through vehicle or pedestrian traffic. This is to include a high-visibility arrow board or arrow boards. The City must approve all traffic safety equipment prior to use. A traffic control plan for all arterial streets listed will be submitted to Public Works staff within five (5) days prior to work on any arterial street. High visibility arrow boards shall be used while working on all arterial streets. Failure on the part of the contractor to safely close traffic, bicycle areas, and pedestrian ways and to adhere to all other guidelines associated with maintenance operations adjacent to vehicle, bicycle areas, and foot traffic areas shall incur a $400.00 performance deficiency deduction per infraction. Tree Inventory Service Contractor shall have the capability to inspect and to inventory City trees by utilizing a GPS (global positioning system) device compatible with the City’s mobile device application. The inspection and inventory collection shall be performed by an ISA certified arborist. The information collected shall include the confirmation of the tree asset number, trunk diameter, height and canopy spread, maintenance needs and the general condition of the tree. Any obvious defects shall be noted and brought to the attention of the City. Contractor shall inventory all the City’s trees once during the term of this contractor, to be completed within the first year of the contract term. Contractor will also update the inventory by including maintenan ce work, new plantings and removal history on a quarterly basis. Contractor shall provide the City with a copy of the master tree inventory as well as updated quarterly inventory updates. The cost for tree inventory management work shall be included in the unit bid pricing provided for tree services and no additional compensation will be allowed. 8 Inspection The Contractor shall meet with the City prior to beginning work in each of the specified locations to inspect and determine the pruning objectives of the location. Once work begins, it shall be the responsibility of the Contractor to visually inspect each tree prior to pruning. If a condition is observed that requires additional attention, this condition will be reported immediately to the City. The Contractor shall be responsible for verifying that all work in progress is in accordance with ANSI Z133.1 Safety Requirements. The Contractor shall be responsible for verifying that all work in progress is in accordance with ANSI A300 Standard Practices. The City shall have the option to withhold payment for completed work not complying with ANSI trim standards. Communication The Contractor shall have the ability to contact its field crews within 30 minutes of notification by the City during normal working hours. The Contractor and each crew foreman shall have a portable cellular telephone. The phone numbers shall be given to the City. The Contractor and each crew foreman shall be accessible for communication during normal work hours. Each crew foreman shall call the City daily prior to 7:00 a.m. to discuss crew locations and work schedules. The Contractor and each crew foreman shall meet with the City once per week to discuss all contract activities. The Contractor shall notify in writing, by use of a City-approved flyer, residents of property adjoining the location of the work at least forty-eight (48) hours before the start of work in that area or on the adjacent street. The Contractor is responsible for posting “temporary no-parking” signs at least forty-eight (48) hours before using the parking lane for tree trimming purposes. In the case of work requiring mass removal of green waste, which may interfere with the use by residents or businesses of their driveways, suitable provisions shall be made by the Contractor at such time to provide access to said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance. Further, the Contractor shall provide access to each residential or commercial establishment each evening. The Contractor shall provide a supervisor who is a Certified Arborist, certified by the International Society of Arboriculture. It is expected that this person will be able to communicate effectively in both written and oral English. Any order or communication given to the Contractor shall be deemed as delivered to the Contractor. Working Hours Workdays are Monday through Friday. On occasion, the Contactor shall provide work crews to per form routine maintenance activities on Saturdays. Work completed under this arrangement shall be paid at the unit price of such work. Unless otherwise directed or approved, working hours shall be no earlier than 7:00 a.m. and no later than 4:00 p.m. Arterial street working hours shall be 9:00 a.m. to 3:00 p.m. Performance During Inclement Weather The Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather during periods when inclement weather hinders normal operations. The Contractor shall not remove 9 his work force form the job site unless he has previously notified the City. The Contractor may be required during inclement weather to perform clean-up tasks as requested by the City. CALIFORNIA DEPARTMENT OF FISH AND GAME CODE #3503 California Department of Fish and Game Code #3503 states, “It is unlawful to take, possess or needlessly destroy the nest or eggs of any bird,” therefore, it shall be the Contractor’s responsibility to bypass and lea ve undisturbed any or all trees scheduled for pruning or removal if active nesting birds or eggs are found to occupy the tree(s) all in accordance within the Migratory Bird Treaty Act (MBTA). Contractor Responsibilities 1. Contractor shall be responsible for completing all work as specified in Scope of Services. 2. Contractor shall designate a single point-of-contact with decision making authority for Work under this Contract, and shall be available during regular business hours. 3. Contractor shall prohibit any persons other than those designated and employed by the Contractor to accompany tree maintenance staff for Work. 4. Contractor shall provide all equipment, labor, supervision, method of processes, and materials necessary to complete the Work. Contractor shall keep all materials and equipment neat, clean, and readily available at all times. 5. Contractor shall provide all materials of good quality, as approved by the City, and in the amounts necessary to fulfill the Contract requirements and to accomplish an acceptable and professional level of service. 6. Contractor shall bring to the attention of the City any trees that show signs of death, decay, disease, weak branch unions, cracks, or other hazardous defects no later than the following day after discovery. 7. Contractor shall be responsible for securing any and all locks after work has been completed. 8. Contractor shall promptly and properly dispose of all debris accumulated as a result of Work. 9. Contractor shall be responsible for timely payment of any subcontractor, material persons, workers, and suppliers. 10. Contractor shall have a valid City of Seal Beach business license for the term of the Contract, if selected. Billing Form, Records and Reports • Contractor shall furnish and maintain daily logs and records for all work. The records shall include the name of supervisor, date, time in/time out, location, work performed, at a minimum. The format of said records shall be approved by City prior to use. • Contractor shall provide a copy of any or all records to City upon request. 10 • Contractor shall maintain such record through the term of the Contract, plus three (3) years after Contract termination. • Contractor shall provide a billing form and progress payment form approved by the City. Protection from Damage • Contractor shall protect all public and private property that is not part of Work. • Contractor is liable for any damages as a result of its staff using improper techniques and/or materials. Contractor shall repair such damage at Contractor’s sole expense. Withholding of Payment • In the case that work scheduled for performance is not performed, or does not meet the quality standards as required by the City, the City may allow the Contractor to correct the deficiencies without penalty either during the next scheduled shift, or at a time mutually agreed upon. In the case that deficiencies are not corrected as required, the City will impose a deduction from the Contractor’s following monthly invoice a fee to be determined by the City based on required performance, not to exceed $500.00 per individual occurrence, per location. Personnel The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Contract. a. Contractor’s Staff • The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes shirts shall be worn at all times. • The Contractor must employ sufficient personnel to perform all work as scheduled and approved by the City, including Contractor personnel transition periods. b. Supervision • Contractor shall ensure a minimum of one (1) English-speaking employee working with each tree maintenance crew at any time. • Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the staff performing the Work. c. Typical Tasks Contractor shall supply his/her staff with the necessary skills to perform duties in connection with Work contemplated under this Contract. 11 d. Knowledge and Abilities All Work shall be performed in a manner approved by the City and Cal/OSHA, including suitable experience in the field to perform the required Work in a safe and thoughtful manner. Equipment The Contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Contract. City may make available to Contractor selected equipment for the purposes of performing the Work. City may revoke ability to use said equipment at its discretion without notice and/or compensation to the Contractor. a. Equipment • All equipment used by the Contractor shall be maintained in a clean appearance and in good operable condition. All equipment shall also be properly adjusted, from an operational safety standpoint. • All equipment used by the Contractor shall adhere to Seal Beach Municipal Code Chapter 7.15 (Noise). b. Vehicles • Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor’s employees. Emergency Service Contact Information and Response The Contractor shall provide the City at all times throughout the duration of this Contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions and after-hours tree service requests at any time. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor who can take the necessary action required to alleviate an emergency condition or after-hours tree service requests. Should the contact persons or their phone numbers change during the course of the Contract, those changes shall be submitted to the City within two (2) working days. Emergency hours and after-hours are outside normal working hours between the hours of 4:00 p.m. and 7:00 a.m., Monday through Friday, and all-day Saturday and Sunday, unless the work is approved routine maintenance activities on Saturdays. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call-out by the Contractor shall not be more than 30 minutes, deployment of appropriate resources to respond within two (2) hours, and shall be considered part of the normal Contract except when delayed by problems caused by vehicle accidents or Acts of God. Failure to meet these requirements for timely response to emergencies shall result in a $500 penalty for each occurrence, as the actual liquidated damages. 12 Progress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Any exceptions shall be approved by the City. Alterations • The City reserves the right to increase, decrease, add, delete, and alter any item or portion of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from the Work, as may be determined during the progress of the Work to be necessary. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as modified. • In the event that a location is closed for repair, construction, emergency, or any other event(s) where Work cannot be performed, City will notify Contractor of such closure five (5) business days in advance. Extra Work 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra services shall be negotiated on a time-and-material basis with a “not to exceed” amount. IV. PRE-PROPOSAL CONFERENCE AND QUESTIONS An optional pre-proposal conference is scheduled for 10:00 a.m., Wednesday, October 11, 2023 at the Seal Beach Public Works Corporate Yard, 1776 Adolfo Lopez Dr., Seal Beach, CA 90740. At this time the City will respond to all questions and address clarifications relative to the RFP process. For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Joseph Talarico Maintenance Services Supervisor Department of Public Works 1776 Adolfo Lopez Drive Seal Beach, CA 90740 jtalarico@sealbeachca.gov (562) 431-2527 ext. 1318 The City will respond to questions and requests for clarification received by October 18, 2023. V. SCHEDULE The following dates reflect the anticipated schedule: ▪ Request for Proposal Solicitation 09/25/2023 ▪ Optional pre-proposal conference 10/11/2023, 10:00 a.m. 13 ▪ Pre-Proposal Question Deadline 10/18/2023 ▪ Proposal Submittal Deadline 10/30/2023, 12:00 p.m. ▪ Contractor Interviews November 2023 ▪ Contract Award by City Council January 2024 ▪ Notice to Proceed January 2024 VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 12:00 PM on Monday, October 30, 2023 to the following. Postmarks will not be accepted. Sean Sabo Management Analyst Department of Public Works 1776 Adolfo Lopez Drive Seal Beach, CA 90740 ssabo@sealbeachca.gov (562) 431-2527 ext. 1431 Please submit three (3) bound hard copies, and one (1) electronic copy of the Contractor’s Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents 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. 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 co nfirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Information to be Submitted The following information shall be provided, at a minimum: o Cover Letter o Table of Contents o Company Qualifications o Local Staffing List o References o Fee & Cost Proposal Exceptions Business Entity 14 o Certifications o Understanding/Approach Contract Signatories 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. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor’s qualifications, including background and experience. 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 sub-Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor’s firm and the Contractor’s project manager. Certifications: Provide a copy of a current and valid California contractor’s license(s) in the classification(s) required by law to perform the work (C-27 and/or C-61/D-49 Contractor License). Understanding/Approach: Describe the Contractor’s understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor 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: Contractor should provide a minimum of three (3) references from public agencies the Contractor 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, prime/sub-Contractor. • Contract outcome • Contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: Contractors will be required to submit a “Fee & Cost Proposal” as shown in Exhibit D. Additional labor and material rates may be provided in addition to Exhibit D. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit D. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City’s standard 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. 15 Business Entity: Clearly indicate the firm’s business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE AND COST PROPOSAL Before responding and submitting a proposal, it will be the responsibility of the Contractor to visit and familiarize him/herself with the City to determine the work to be done. An optional pre-proposal conference is scheduled to facilitate this process. In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following: 1. 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 and shall not be made more than once each calendar year. 2. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor. VIII. INTERVIEW Top ranked Contractor team(s) will be interviewed by the selection committee. Proposed key personnel from the Contractor’s team may be requested to present the teams’ and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. 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 de emed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a 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. POTENTIAL EVALUATION CRITERIA 1. 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 requested items will be considered incomplete, may be rated a Fail in 16 the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (50 points) a. Relevant experience, specific qualifications, and expertise of the Contractor and sub-Contractors to perform the Work. b. Contractor’s experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. c. Quality of references from at least three (3) agencies the Contractor currently or have previously contracted for in the past five (5) years. d. Contractor’s understanding and approach of the Work. e. Services offered and/or excluded. 3. Fee (50 points) a. Fee & Cost Proposal The City reserves the right to determine whether or not a 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 put non-emergency and pre-planned projects out for formal bidding. 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. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Contractor shall maintain an adequate crew of employees to perform the Work required. b. Contractor will be required to supply a list of references for similar work performed. c. Contractor will be required to supply a list of sub-contractors, if applicable. d. Contractor will be required to supply additional experience references, if requested. e. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the Contract. f. Contractor shall be responsible for Contractor’s compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative 17 regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. g. Hourly rates and unit prices quoted shall include all safety equipment required. All incidentals shall be included in quoted prices. h. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. i. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor’s actions shall be the responsibility of the Contractor. j. Contactor shall adhere to all Cal-OSHA rules and regulations for any and all Work performed under this Contract. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Contractor. 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 obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov. D. Insurance and Bonding Requirements The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage together with additional Insured Endorsements. E. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, 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 Contractor 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 Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities 18 that may be asserted against or incurred by 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. Contractor 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. City makes no representation or sta tement 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, Contractor 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, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the Contractor 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 Contractor 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.” F. 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 Contractor and each subcontractor, if any, in the bid proposal. EXHIBIT B s Proposal City of Seal Beach City-W ide Tree Maintenance Services Client Name / RFP Name 3 Setting the Gold Standard TABLE OF CONTENTS COVER LETTER ................................................................................................................................. 2 TABLE OF CONTENTS....................................................................................................................... 3 COMPANY QUALIFICATIONS ......................................................................................................... 4 Company Introduction ........................................................................................................... 4 LOCAL STAFFING LIST ..................................................................................................................... 6 CERTIFICATIONS ............................................................................................................................ 12 UNDERSTANDING/APPROACH .................................................................................................... 15 Technology and Information ................................................................................................ 22 Equipment List ........................................................................................................................ 25 Scope of Services .................................................................................................................. 29 REFERENCES .................................................................................................................................. 32 FEE & COST PROPOSAL ................................................................................................................ 35 EXCEPTIONS .................................................................................................................................. 38 BUSINESS ENTITY ............................................................................................................................. 39 CONTRACT SIGNATORIES ............................................................................................................ 40 INSURANCE.................................................................................................................................... 41 Client Name / RFP Name 4 Setting the Gold Standard COMPANY QUALIFICATIONS Company Introduction WEST COAST ARBORISTS, INC. (WCA) is a family-owned and operated union company employing over 1,200 full-time employees providing tree maintenance and management services. We are proudly serving over 350 municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day throughout California and Arizona. OUR VISION As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services. 100% CUSTOMER SATISFACTION Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue. COMPANY INFORMATION President: Patrick Mahoney Organization Type: Corporation Established: 1972 Federal Tax ID: 95-3250682 DIR Registration: 1000000956 Members of Laborers’ Union: LiUNA! SAM Entity ID: CFJMVMJ9NSD1 Website: wcainc.com CORPORATE OFFICE 2200 E. Via Burton St. Anaheim, CA 92806 REGIONAL OFFICES Escondido, CA Fresno, CA Indio, CA Ontario, CA Phoenix, AZ Riverside, CA Sacramento, CA San Diego, CA San Jose, CA San Francisco, CA Santa Clarita, CA Stockton, CA Ventura, CA CONTRACT ADMINISTRATION Victor Gonzalez, Vice President Corporate Office Phone (714) 991-1900 Fax (714) 956-3745 Email: vgonzalez@wcainc.com FIELD MANAGEMENT Robert Thompson, Area Manager Corporate Office Phone (714) 991-1900 Fax (714) 956-3745 Email: robthompson@wcainc.com EMERGENCY RESPONSE 24/7 1-800-LIMB-DOWN Client Name / RFP Name 5 Setting the Gold Standard Corporate Capabilities West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest. • In business continuously and actively since 1972 • Contractor’s License C61/D49, C27, C31, C21, A & B • Over $8,500,000 line of credit available • Annual financial audits available upon request • Bonded by ARCH, an A+ rated company • 1,200+ employees • 350+ contracts with public agencies • 95+ Certified Arborists • 155+ Certified Tree Workers • Drug-free workplace • 14,000 sq. ft. company-owned Headquarters (Anaheim) • Department of Agriculture Nursery license • Avg. 712,000 trees pruned annually over past 3 years • Avg. 46,000 trees removed annually over past 3 years • Avg. 20,000 trees planted annually over past 3 years • Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million • Federal Tax ID #95-3250682, current on all taxes and fillings with state and federal government • Sales volume over $190 million annually • Fleet of approximately 1,600 pieces of equipment Active Memberships: Tree Care Industry Association (TCIA) International Society of Arboriculture (ISA) League of California Cities (LCC) California Parks & Recreation Society (CPRS) Association of California Cities| –Orange County (ACCOC) Maintenance Superintendents Association (MSA) California Landscape Contractors Association (CLCA) Street Tree Seminar (STS) California Urban Forest Council (CaUFC) American Public Works Association (APWA) Client Name / RFP Name 6 Setting the Gold Standard LOCAL STAFFING LIST Introduction West Coast Arborist’s (WCA) is a company comprised of a management team and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering, and forestry. Work Force WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading a crew, or career advancement. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the current prevailing wage determination for “Tree Maintenance (Laborer).” Certification WCA encourages its employees to get certified through the International Society of Arboriculture, in an effort to raise the standard of professional tree care companies. This standard exemplifies our company’s commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers. Crew Evaluation WCA employees are evaluated through an internal mechanism supervised by our Management Team. Each employee performs their duties according to a criteria-based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified. Staff members have diverse educational backgrounds including accounting, business administration, engineering, and forestry. Client Name / RFP Name 7 Setting the Gold Standard Meet the Team: Project Team NICK ALAGO Regional Manager/V.P. Mr. Alago has been with WCA since 1999. He has nearly 35 years’ experience in the arboriculture field. He started with WCA as a Foreman and was continuously promoted, reaching the status of Area Manager. For over 10 years, he excelled as an Area Manager for the Inland Empire and was promoted in 2020 to Regional Manager. As a Regional Manager for the Los Angeles and Inland Empire areas, he oversees the operations and provides support to the Area Managers. His extensive knowledge of the urban forest is a columniation of experience and continued education as well as certification that is offered in the industry. • ISA Certified Arborist Utility Specialist #WE-4396AU • TCIA Certified Treecare Safety Professional #250 • ISA Tree Risk Assessment Qualified • TLC Wildlife Area ROBERT THOMPSON Area Manager Mr. Thompson has been with WCA since 2003. Before that time, he worked for the City of Tustin and a commercial tree service for 25 years. As an Area Manager, he is responsible for field operations and management of crews in South Los Angeles County. He is also involved in scheduling, evaluation, and production of street tree maintenance. Mr. Thompson has nearly 40 years’ experience in the tree care industry. He currently manages contracts in WCA’s South Bay region including City of Long Beach, City of Carson, City of Bellflower, City of Paramount, City of Rancho Palos Verdes, City of Lakewood, and the City of Redondo Beach. • ISA Certified Arborist #WE-0915AU • ISA Tree Risk Assessment Qualified • TCIA Certified Treecare Safety Professional (CTSP) #755 • WTI Wildlife Protector #584 NESTOR VALENCIA Project Supervisor Nestor has worked with WCA, Inc. since 2003. He started as a Groundworker and has since worked his way from Tree Trimmer to Foreman to Area Supervisor. His knowledge and experience include rigging, removals and using proper ISA pruning standards. Today, his responsibilities include assisting the Area Manager in scheduling and overseeing crews throughout the South Bay region. Responsibilities also include employee training programs and ensuring proper safety procedures are being followed. Regular communication with the customer and citizens can be expected as related to scheduling, work being performed and any other inquiries that may arise while on the job site. • ISA Certified Arborist #WE-11259A • TCIA Certified Treecare Safety Professional (CTSP) #3527 • WCA Qualified Tree Worker Level I & II Client Name / RFP Name 8 Setting the Gold Standard Meet the Team: Support Staff ANDREW PINEDA GIS Manager Andrew Pineda has been with WCA since 2018. As WCA’s GIS Manager, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more. He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data and works closely with office and field personnel to ensure tree inventories, reports, and analysis exceed customer expectations. • ISA Certified Arborist #WE-12738A • FAA UAS Part 107 Remote Pilot • M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University TIM CROTHERS Plant Health Care Manager Mr. Crothers has over 20 years of experience working in the horticulture industry. He started working at WCA in 2012 as a supervisor. He was quickly promoted to Area Manager, a role that required him to produce reports as a Certified Arborist as well as train staff and clients in proper tree care, inventory management, landscape design and plant identification. In his role as Plant Health Care Manager, Mr. Crothers supervises arborist services staff and plant health care operations throughout California and Arizona. He oversees the creation of Urban Forestry Master Plans (UFMPs) and is a Registered Consulting Arborist by the American Society of Consulting Arborists. • ISA Board Certified Master Arborist #WE-7655BUM • B.S. Environmental Horticultureal Science • ASCA Registered Consulting Arborist #721 • CA Dept. Pesticide Regulation QAL #145321 B, D • ISA Tree Risk Assessment • Qualified & TLC Wildlife Aware VICTORIA NOGALES Customer Service Rep. (CSR) As the CSR (Customer Service Representative), Ms. Nogales is responsible for providing support to the Area Manager, Site Supervisor and crew. She is to act as a liaison between the company and it’s clients as well as the general public. Victoria is responsible for responding to customer service inquires and facilitating contracting functions, such as: mapping, underground service alert, data entry, field book preparation, list preparation, etc. Client Name / RFP Name 9 Setting the Gold Standard Executive Staff From marketing, contract administration, field and fleet management, to information technology, our Executive Staff is involved in the day-to-day operations supporting each Project Team and customer to ensure the highest quality of tree care is being achieved in the industry. Patrick Mahoney President Richard Mahoney Secretary Rose Epperson Treasurer Andrew Trotter V.P. – Field Operations Chris Crippen V.P. – I.T. Victor Gonzalez V.P. – Business Development Debbie DePasquale V.P. – Internal Operations Ernesto Macias V.P. – Risk Management Nick Alago V.P. – SoCal Region Michael Palat V.P. – SoCal Region Jason Pinegar V.P. – NorCal Region Client Name / RFP Name 10 Setting the Gold Standard Client Name / RFP Name 11 Setting the Gold Standard Client Name / RFP Name 12 Setting the Gold Standard CERTIFICATIONS Client Name / RFP Name 13 Setting the Gold Standard ISA Certifications Client Name / RFP Name 14 Setting the Gold Standard WCA’s ISA Certified Arborists ADAN BALTAZAR REYNAGA WE-7786AT HERMINIO PADILLA WE-7552AUTM JOSE MANUEL PEREZ WE-0818AT REBECCA A. MEJIA WE-2355A ANDREW JOSEPH PINEDA WE-12738A HUGO ANGEL RINCON WE-8710AT JOSEPH NICK ALAGO WE-4396AU RENE ROSALES WE-7941AT ANDREW R. TROTTER WE-0642AU IGNACIO LOPEZ WE-7329AU JOSEPH BARTOLO WE-2034AU RICHARD R. MAHONEY WE-1171A ANDREW JOSEPH ONDREJECH WE-13817A ISAAC GARZA, JR. WE-8689A JUAN ORTIZ WE-8514AT ROBERT EDWARD KNIGHT WE-11564AT BENJAMIN EUGENE BORDSON WE-10777A ISAAC ONTIVEROS WE-8567A JUAN P. LAIJA, JR. WE-13425A ROBERT D. THOMPSON WE-0915AU BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT JULIO C. GARCIA VAZQUEZ WE-11175AT ROBERT A. WRIGHTSON WE-10411A BRIAN M. KOCH WE-0341A ISIDRO ESTRADA BARBOZA WE-11685A JUSTIN LEE MENZEL WE-11756A ROSE M. EPPERSON WE-1045A CALVIN F. HAUPT WE-7634A J. ALONSO GARCIA-LOPEZ WE-8499A KELLY ANN PARKINS WE-13868A RYAN R. COLBERT WE-13154A DANE JENSEN WE-12014A JAIME ROGELIO HERNANDEZ WE-5297AT KRIS BURBIDGE WE-9566AUM SAMUEL JIMENEZ WE-11109AT DANIEL CHAVARRIA WE-10292AT JAMES PAUL SPECK II WE-10858AT LEONARDO RAMOS WE-11264AT SEAN PATRICK SULLIVAN WE-10050AT DANIEL MAHONEY WE-10434A JASON ROSS DAVLIN WE-7628A LEONEL CORTEZ WE-8625AT SHAWN A. GUZIK WE-3182AU DANIEL RIVAS WE-10850AT JASON PINEGAR WE-2039AU LORENZO PEREZ WE-7443AT STEFAN B. KALLENBERG WE-10730AT DANIEL WILLIAM VILLA, II WE-13609AT JEREMY PAUL PIERCE WE-12566A MANUEL BRIANO WE-8791AT STEPHEN GLENN DAVIS, JR. WE-10894AUTM DAVID GLYN EVANS WE-1588A JERRY A. ROWLAND WE-6353A MARCO A. PADILLA JIMENEZ WE-8621AT STEVE B. HUNT WE-1044AT DEBORAH DEPASQUALE WE-3812A JOEL LOPEZ WE-10871AT MARIO A. GONZALEZ WE-13119A TIMOTHY R. PATTERSON WE-12037A EDIBERTO SERNA SALAZAR WE-11051AT JOHN LEE PINEDA WE-10367AUT MATEO ARVIZU WE-10151AT TYLER KEASBEY LEHMANN WE-13460A EDUARDO VARGAS WE-11058AT JORGE MAGANA WE-3460A MICHAEL ALAN DA SILVA II) WE-12483A VICTOR M. GONZALEZ WE-7175AM ERNESTO J.F. MACIAS WE-7120AUM JOSE LUIS ABALOS WE-8734A MICHAEL LOUIS YOUNG WE-11687AT WALLACE BURCH WE-0713AT FELIX HERNANDEZ WE-2037AT JOSE M. CORTEZ TORRES WE-8539AUT MICHAEL ANTHONY NUNES WE-12943A WILLIAM STEVE PONCE WE-6461A FRANCIS LEO MALABUYOC WE-12279AT JOSE MANUEL JIMENEZ URQUIZO WE-11111AT MITCHELL ANDREW OWENS WE-12619AT GENARO VICENTE CORONEL WE-12740A JOSE INEZ MANCILLA WE-10983AT NESTOR M. CABRERA MORA WE-13613AT GERARDO MARTINEZ GARCIA WE-11358A JOSE M. CHAVARRIA MANZO WE-11210AT NESTOR VALENCIA WE-11359A GERARDO PEREZ WE-9131AT JOSE A. ALVAREZ WE-10908AT OSCAR GUTIERREZ WE-12783AT GONZALO REGALADO WE-9952AT JOSE ALFREDO GONZALEZ WE-6475AT PATRICK O. MAHONEY WE-1172A HECTOR MONTES WE-8079AUT JOSE LUIS DELREAL WE-11231AT WCA’s ISA Certified Tree Worker/Climbers AN BALTAZAR REYNAGA WE-7786AT GABRIEL GAMINO WE-11167T JOSE M. MUNIZ GARCIA WE-11686T SALUSTIO SANCHEZ ARROYO WE-11462T ADAN RODRIGUEZ WE-11281T GABRIEL MERCADO RUIZ WE-11568T JOSE MANUEL PEREZ WE-0818AT SAMUEL JIMENEZ WE-11109AT ADOLFO S. RUIZ WE-11294T GAMALIEL MANZANO CORONA WE-12280T JUAN AMADOR ARCE WE-11480T SANTOS MACIAS LEMUS WE-10980T ADRIAN MUNOZ WE-13987T GEORGE HERNANDEZ PEREZ WE-12269T JUAN BECERRA WE-10932T SEAN PATRICK SULLIVAN WE-10050AT ALFREDO ANGEL LOPEZ WE-11334T GERARDO MARTINEZ GARCIA WE-10997T JUAN C. LOPEZ GARCIA WE-12918T SERGIO LOPEZ-RIVERA WE-10957T ANDRES ROMAN WE-11285T GERARDO PEREZ WE-9131AT JUAN MARQUEZ WE-10987T SERGIO MACIAS-PEREZ WE-10920T ANDREW JOSEPH ONDREJECH WE-13817AT GERARDO PEREZ BADILLO WE-13986T JUAN ORTIZ WE-8514AT STEFAN B. KALLENBERG WE-10730AT ANTHONY DOUGLAS FONG II WE-12051T GERARDO A. ORDUNO WE-11036T JUAN C. PENA-ARIAS WE-11327T STEPHEN GLENN DAVIS, JR. WE-10894AUTM ANTONIO CASTELLANOS WE-11203T GONZALO REGALADO WE-9952AT JUAN TELLEZ TAPIA WE-11137T STEVE B. HUNT WE-1044AT ANTONIO GARCIA CONTRERAS WE-11173T HARLEY THOMAS DAVIS WE-13430T JUAN C. TORRES-COVARRUBIAS WE-12343T TRISTON JAMES POWERS WE-12211T ARIEL ALONSO WE-10906T HECTOR MONTES WE-8079AUT JULIO C. GARCIA VAZQUEZ WE-11175T TYLER KEASBEY LEHMANN WE-13460AT ARMANDO O. LOPEZ WE-10953T HERIBERTO CORONEL WENCESLAO WE-11218T LEONARDO RAMOS WE-11264T VENTURA GOMEZ WE-11180T ARMANDO SOTO WE-11131T HERMINIO PADILLA WE-7552AUTM LEONEL CORTEZ WE-8625AT WALLACE BURCH WE-0713AT AURELIO PAZ-GUZMAN WE-11084T HUGO ANGEL RINCON WE-8710AT LETUSA MUAAU, JR. WE-11021T BENJAMIN EUGENE BORDSON WE-10777AT HUMBERTO CHAVARRIA WE-11207T LORENZO ARREOLA-MURILLO WE-13612T BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT LORENZO PEREZ WE-7443AT BRIAN NORTON WE-12678T ISRAEL A. RAMIREZ WE-11567T LUIS P. PEREZ WE-11245T CANDELARIO PRIEGO WE-12781T J. SOCORRO GARCIA WE-11172T LUIS A. MUNOZ RAMIREZ WE-11023T CARLOS IXTA WE-11106T JAIME ROGELIO HERNANDEZ WE-5297AT MANUEL BARRAGAN WE-10925T CARLOS LEYVA BARAJAS WE-12620T JAMES PAUL SPECK II WE-10858AT MANUEL BRIANO WE-8791AT CARLOS RAMOS WE-11263T JESUS M. SARABIA PENA WE-11450T MARCO A. CASTILLO REYES WE-13429T CELEDONIO R. MANZANO OLEA(E WE-10984T JESUS A. MONTES( WE-11014T MARCO A. PADILLA JIMENEZ WE-8621AT CELESTINO PEREZ WE-11243T JESUS E. GARCIA ARCE WE-13723T MARCOS RICHARD-MARTINEZ WE-10989T CESAR GUADALUPE VALENZUELA REYES WE-11076T JOEL LOPEZ WE-10871AT MATEO ARVIZU WE-10151AT CESAR WENCESLAO WE-10968T JOEL MARTINEZ WE-10992T MELCHOR LEMUS WE-11237T CUAUHTEMOC AMEZCUA QUEZADA WE-14058T JOEL ORTIZ WE-11039T MICHAEL ALAN DA SILVA II WE-12207T DANIEL CHAVARRIA WE-10292AT JOEL M. RIVERA WE-11273T MICHAEL LOUIS YOUNG WE-11687AT DANIEL ELIZARRARAS WE-13611T JOHN LEE PINEDA WE-10367AUT MIGUEL AYALA WE-10924T DANIEL RIVAS WE-10850T JONATHAN GARCIA HERNANDEZ WE-13989T MIGUEL MACIAS WE-10978T DANIEL WILLIAM VILLA, II WE-13609T JORGE ARREOLA-HERNANDEZ WE-11321T MIGUEL A. VALERIO AJAL WE-13848T DELFINO AGUILAR-MORALES WE-10900T JORGE DUENAS WE-11144T MITCHELL ANDREW OWENS WE-12619T DEMETRIO LIRA WE-11323T JORGE JIMENEZ WE-11110T NELSON R. AGUIRRE WE-10901T DEMETRIO OSEGUERA WE-11043T JOSAFAT MONTOYA WE-11015T NESTOR M. CABRERA MORA WE-13613T EDIBERTO SERNA SALAZAR WE-11051T JOSE AGUAYO WE-10899T NICOLAS GODINA WE-11907T EDUARDO AVILA WE-10812T JOSE ABEL CANCINO WE-11192T OSCAR GUTIERREZ WE-12783T EDUARDO HERNANDEZ WE-12917T JOSE AGUSTIN CARRILLO WE-11200T PEDRO CUEVAS WE-11765T EDUARDO VARGAS WE-11058AT JOSE M. CORTEZ TORRES WE-8539AUT PEDRO GARCIA WE-11168T EDWIN ANTONIO FUENTES WE-12777T JOSE R. GRANADOS WE-11186T PEDRO ALTAMIRANO WE-11095T FAUSTO GUZMAN WE-11083T JOSE JIMENEZ WE-11108T PEDRO SANDOVAL WE-11301T FELIX GARCIA WE-11170T JOSE JIMENEZ HERNANDEZ WE-11113T RAMON ZUNIGA GOMEZ WE-10977T FELIX HERNANDEZ WE-2037AT JOSE MANUEL JIMENEZ URQUIZO WE-11111T RANULFO PERALTA CASTANEDA WE-11202T FRANCIS LEO MALABUYOC WE-12279AT JOSE INEZ MANCILLA WE-10983T RAUL JIMENEZ DURAN WE-13865T FRANCISCO URENA JIMENEZ WE-11075T JOSE M. CHAVARRIA MANZO WE-11210AT RAUL MANZO HERNANDEZ WE-10985T FRANCISCO LOPEZ WE-10952T JOSE RODRIGUEZ WE-11277T RAUL TELLEZ TAPIA WE-11138T FRANCISCO RAMIREZ WE-11259T JOSE ALEJANDRO VALENZUELA WE-11674T RENE ROSALES WE-7941AT FRANCISCO VILLANUEVA WE-10965T JOSE A. ALVAREZ WE-10908T ROBERT EDWARD KNIGHT WE-11564T FRANCISCO F. WENCESLAO BARAJAS WE-10969T JOSE ALFREDO GONZALEZ WE-6475AT ROMUALDO GAETA LUNA WE-11165T FRED LOPEZ-PASTOR WE-13988T JOSE LUIS DELREAL WE-11231AT SALOMON SILVA WE-11053T Client Name / RFP Name 15 Setting the Gold Standard UNDERSTANDING/APPROACH Implementation Plan To ensure the quality of work and the level of service expected, WCA abides by a well-defined quality control plan that incorporates the following: • Certified personnel • Safety • Pruning specifications and guidelines • Sound equipment • Public relations • Proper traffic control • State-of-the-art communication systems Area Manager: Robert Thompson ISA Certification #: WE-0915AU TCIA CTSP #755 ISA Tree Risk Assessment Qualified The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management. Daily Management Daily management will consist of, but not be limited to: • Email notification complete with location, crew, equipment type, and work description • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of work zone • Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day • Maintain good public relations at all times • Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Management • Weekly management will consist of, but is not limited to: • Weekly inspection of work completed • Meet with the Agency to review work schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications • Maintain open communication Special shifts including weekends and evenings can be arranged in accordance with the Agency’s specifications. Client Name / RFP Name 16 Setting the Gold Standard Public Notification Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents instructing them on the proper care for their newly planted tree. For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents. Communication Systems Our use of modern and reliable communication systems affects our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories, daily work records, timesheets, photos, and billing information; eliminating the need to handwrite data and improving customer service by minimizing response time. Permits and Licensing WCA will procure a City Business License as necessary, and any “no-fee” permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the Agency. Right-of-Way All work will be performed in the public right-of-way. Employees will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner. Cooperation and Collateral Work WCA will give right to operate within the project to the Agency workers and/other contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations. Project Site Maintenance Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air containments in quantities that violate the regulations of any legally constituted authority. Scheduling of Work The Area Manager is responsible for scheduling work which shall conform to the Agency’s schedule of performance. We recommend equal distribution of work throughout the course of the fiscal year. Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as to cause the least amount of interference or inconvenience. Client Name / RFP Name 17 Setting the Gold Standard Workflow Timelines GRID PRUNING FLOWCHART (Within 30-day Completion) REMOVAL FLOWCHART (Within 15-day Completion) PLANTING FLOWCHART (Within 15-day Completion) EMERGENCY FLOWCHART (Within 1-3 hour Response / 24-hour Completion) PLANT HEALTH CARE FLOWCHART Client Name / RFP Name 18 Setting the Gold Standard Emergency Contacts Sample Planting Door Hanger In case of emergency AFTER normal business hours: 866.546.2369 Leave a message, if you do not receive a call back within 10 minutes, call the following contacts in order: Alfredo Lopez, Foreman 714.231.0105 Nestor Valencia, Supervisor 714.396.5852 Rob Thompson, Area Manager 714.240.1645 AFTER confirmation from on-call Manager, you can email multiple locations to: LimbDown@WCAInc.com Normal Business Hours 714.991-1900 Client Name / RFP Name 19 Setting the Gold Standard Quality Control Feedback WCA regularly receives and tracks feedback from customers and residents as a means to acknowledge good performance and provide prompt resolution for any negative comments. Every month, a summary of the feedback is then reviewed by the management team. Customer Service Department As we work with, or near, the public, we are mindful that we will most likely be the first person the public contacts. We have a full-time Customer Service Department with each Customer Service Representative (CSR) trained in addressing concerned residents and bystanders. Complaints & Damage Resolution Should there be any property damage, we adhere to specific procedures to resolve the problem. The Foreman on the job site will notify the resident and the Inspector immediately. If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in the same condition as before we entered it. We will notify the Agency Representative immediately upon damage of private property including plans for corrective measures to take place within 48 hours. Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair. We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner. Protection of Public and Private Property WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least disturbance. Client Name / RFP Name 20 Setting the Gold Standard Safety & Training Safety Program Safety standards are top priority at West Coast Arborists, Inc. Our line of work demands that all work is performed in a manner that provides the maximum safety to the general public as well as our employees. Our crews are instructed to follow the safety standards of ANSI Z133.1 as well as Cal-OSHA requirements. We have one of the most extensive safety training programs in the industry. We provide our employees with state-of -the-art training tools and instructional sessions company wide. Our insurance carriers and Cal-OSHA have recognized us repeatedly for out- standing safety training efforts. We have a full time Safety & Training Manager, Dane Jensen, that is professionally trained in the field of horticulture. As WCA’s Training Manager, Dane is responsible for staying up-to-date on all tree-related industry standards as related to safety and the wellness of our employees and the public in which we serve. Training materials are regularly reviewed and updated to ensure WCA employees receive the proper education, instruction and hands on experience needed to perform their day to day activities safely and efficiently. Training topics include a full-circle from proper pruning techniques, arboriculture, to customer service and everything in between. • ISA Certified Utility & Municipal Arborist #WE-12014A • ISA Skills Test Evaluator—TW Climber • TCIA Certified Treecare Safety Professional #3303 • ISA Tree Risk Assessment Qualification #E4068 • American Heart Association BLS and First Aid Instructor Public Convenience and Safety WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the contracted area. All work will cease by 5:00 pm or as directed by the Agency (excluding emergency services). Our line of work demands that all work is performed in a manner that provides the maximum safety to the general public as well as our employees. Client Name / RFP Name 21 Setting the Gold Standard Employee Training Program West Coast Arborists, Inc. provides an extensive in-house training curriculum for all employees to broaden their knowledge of the arboriculture field of study. Included in this training are the ISA standards, both Treeworker and Arborist study programs, and a variety of Tree Care Industry Association home study programs. We also offer training courses to our staff in areas of customer service satisfaction, maintaining professional conduct, and Qualified Line Clearance Trimmer Training. Traffic Control Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress. Our Training and Safety team members are tasked with completing field evaluations of crews and members are on- site to coach and train employees on safe practices. Employees receive performance evaluations at 90 days, 6 months, then annually (or as-needed) after their first year. All employees are provided copies of WCA’s Injury & Illness Prevention Program. WCA is dedicated to health and safety for trees, employees, and the community. Client Name / RFP Name 22 Setting the Gold Standard Technology and Information ArborAccess Our tree management program sets us apart from other companies. With nearly 2,000 active users, ArborAccess and our mobile app will help you easily manage your urban forest with ease and convenience. Tree site attributes include location (utilizing GPS coordinates), species type, and parkway size. Features allow you to view and edit work history records and create work orders directly from the field, all from our secure cloud. The information contained in ArborAccess is live data that can also be linked directly to a GIS program, such as ArcView, for geo-coding purposes and can assist your Agency in meeting GASB34 requirements. ArborAccess provides an unlimited resource of information regarding your urban forest. Software Training Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on-site at the customer’s discretion. On-site training is proven to be effective as it provides a guided hands-on experience. We offer periodic tree maintenance and management workshops each year. These free workshops are provided to our customers regionally and educate over 250 people annually. They have proven to be a great round-table and networking opportunity for the different agencies in attendance. Presentations are provided by WCA management staff and complimented with guest speakers in the industry. Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU’s) from the International Society of Arboriculture. The success of any urban forest program depends on the proper management of information. Unlimited telephone and/or email support is available to answer technical questions and aid staff in the use of the software system. Software training and support is included in the cost associated with the inventory data collection. List Tracking System The List Tracking Report in ArborAccess is a useful tool in the management of incoming work. This report allows both parties to track specific jobs as they are ordered by the Agency. Proper use of this system enables the Agency and WCA to track the completion of work that is ordered. ArborAccess Features Ease of use Create work orders View tree site details View work history View invoices Mobile app Live data GIS/GPS mapping Client Name / RFP Name 23 Setting the Gold Standard Billing WCA, Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job. Each billing will include a listing of completed work by address, tree species, work performed and appropriate data acceptable to the customer. This information will be supplied in hardcopy and immediately accessible on ArborAccess. Job balances reflecting the percent of completion for each job can be viewed on ArborAccess. Maintenance Records Accurate maintenance records for each location oftentimes can assist the Agency with liability claims. Maintaining a detailed history of the work performed at each location demonstrates good faith in preserving its urban forest. It is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed. Sample Management Tools: Detailed Tree Site Characteristics The advanced technology provides a valuable tool to urban forestry professionals by displaying specific tree site information along with a representative photograph of the species type and a recommended maintenance field. ArborAccess’ built-in quality control features assist in data accuracy. As maintenance is performed, the work history is updated and accompanied with bi-weekly invoices. This process eliminates the need for dual- inputting and helps keep the tree inventory current and accurate. Client Name / RFP Name 24 Setting the Gold Standard Sample: Species Frequency Report The Species Frequency report can assist your Agency in identifying the tree population within the urban forest. This type of information is valuable in the event of an insect infestation, deadly disease, or even estimating future maintenance costs. In addition, an analysis can be performed to evaluate the history of the performance of a particular species within your Agency. Detailed Reporting Options Inventory Work History District Frequency View Invoices Work Type by District Species Frequency (sample above) Job Balances DBH Frequency All Tees at an Address Green Waste Height Frequency Estimated Tree Value WCA helps agencies understand and manage their canopy by sharing inventories, insight, and data. 25 Setting the Gold Standard Equipment List Our modern fleet undergoes daily inspection prior to use to ensure efficiency and safety. All equipment is routinely serviced, painted, and detailed. All equipment used during the duration of this project will meet state and federal safety requirements and have all up-to-date certifications, as required. CHP Biennial Inspection of Terminal Certification We have successfully been awarded the CHP Biennial Inspection Award of Recognition. This inspection has assisted our company in instituting several safety programs, as well as our Preventative Maintenance Program utilized by our in-house fleet department. The inspection reviews our vehicle maintenance and repair records, our procedural methods and policies for vehicle maintenance and operations. This certification ensures that our vehicles operate safely. Telematics (GPS) WCA has partnered with Geo-Tab to provide GPS units on all vehicles and equipment. This investment has given us and our customers the following benefits: • Provide faster response times and more efficient routing allowing us to service more customers • Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance, and minimizing costly vehicle repairs • Decrease fuel use by monitoring fleet fuel economy and saving on unnecessary fuel expenditures • Reduce emissions by helping drivers improve their habits such as speed and idle time, and reducing total miles driven which will significantly reduce harmful greenhouse gas emissions • Improve dispatching with landmarks and driving directions, GPS units helps us to better dispatch so that we can service more customers, faster • Recover stolen vehicles reducing liability costs which can be passed on to customers 26 Setting the Gold Standard Equipment Listing Through our ability to dedicate specific pieces of equipment for this project, we believe it will lead to a successful program. In addition to aerial lift devices, dump trucks, flatbed trucks and roll off containers, we will also have additional equipment for use throughout the project such as cranes, loaders, and special aerial lift devices for higher elevated trees. Specific vehicles and equipment that are available to the City of Seal Beach are listed below with additional equipment listed in inventory available as-needed: Type Year/Make Model License Plate VIN Aerial Tower 2017 Ford F750W/TEREX XTPRO 60-70 79166F2 1FDPF7AY5HDB07054 Aerial Tower 2001 GMC C6500 W/HI-RANGER 5FC- 60 6N44915 1GDJ7H1E61J505198 Aerial Tower 2000 GMC C6500 W/HI-RANGER 5FB- 55 61323M2 1GDJ7H1D3YJ519688 Aerial Tower 2008 GMC C6500 W/HI-RANGER 5FC- 60 8R79558 1GDL7C1G68F411252 Aerial Tower 2015 FORD F650 W/HI-RANGER 5FB-55 42050B2 1FDNF6AY7GDA03035 Aerial Tower 2016 DODGE RAM 5500 HI-RANGER LT40 84791A2 3C7WRMAJ4GG227411 Aerial Tower 2019 FORD F550 / TEREX LT 40 12155S2 1FDUF5GY9KDA04855 Aerial Tower 2009 GMC C7500 W/HI-RANGER 5FC- 60 8R95452 1GDJ7C1G19F408770 Aerial Tower (95') 2018 FORD F750 W/HIRANGER 1090i 99012S2 1GDJ7H1E31J505109 Aerial Tower (95') 2019 FORD F750 W/1090i BOOM 02411S2 1FDPF7AY3KDF02809 Arrowboard 2017 WANCO SOLAR ARROW BOARD SE620486 5F11S1018H1004606 Arrowboard 2015 WANCO T07504 ARROW BOARD SE705573 5F1151018F1001282 Arrowboard 1999 STARLITE SOLAR ARROWBOARD SE480161 1S9A4109XL358639 Arrowboard 1998 STARLITE SOLAR ARROWBOARD SE658179 1S9A41016WL358001 Chipper 2021 VERMEER BC1500 BRUSH CHIPPER SE721056 1VR2181V7M1012063 Chipper 2016 VERMEER BC1500 BRUSH CHIPPER SE649749 1VR2181V5H1008406 Chipper 2015 VERMEER BC1500 BRUSH CHIPPER SE683418 1VR2161V0F1006659 Chipper 2020 VERMEER BC1500 BRUSH CHIPPER SE715789 1VR2181V1L1009996 Chipper 2018 VERMEER BC1500 BRUSH CHIPPER N/A 1VR2181V1J1009025 Chipper 2018 VERMEER BC1500 BRUSH CHIPPER SE705204 1VR2181V7K1009418 Chipper 2014 VERMEER BC1000-49 SE705590 1VRY11198E1021070 Crane 2014 FREIGHTLINER 108-SD/BT5092 CRANE 09178N1 1FVHG5CY2EHFL3738 Dump Truck 2017 FORD F550 CHIPPER TRUCK 12726H2 1FDUF5HY1HED72044 Dump Truck 2017 FORD F650 CHIPPER TRUCK 8.59E+06 1FDNF6AY2HDB05179 Dump Truck 2013 FORD F350 98153J1 1FDRF3G62CED05276 Dump Truck 2002 GMC C6500 CHIPPER TRUCK 12481D1 1GDJ7H1E92J900851 Dump Truck 2001 GMC C6500 CHIPPER TRUCK 6N44910 1GDJ7H1E01J505150 Dump Truck 2001 GMC C6500 CHIPPER TRUCK 6P24974 1GDJ7H1E51J512949 Dump Truck 2007 GMC C7500 CHIPPER TRUCK 41598u2 1GDJ7C1G58F406468 Dump Truck 2008 GMC C6500 CHIPPER TRUCK 8L59284 1GDJ7C1G68F403143 27 Setting the Gold Standard Flatbed 2018 FORD F650 FLATBED 26658L2 1FDNF6AYXJDF02578 Loader 2018 CATERPILLAR 908M WHEEL LOADER SE705490 CAT908MHH8803829 Loader 2018 CATERPILLAR 908M WHEEL LOADER SE691327 CAT0908MVH8803454 Loader 1994 CATERPILLAR 910E WHEEL LOADER SE691194 1YK00121 Pickup 2018 DODGE RAM 2500 PICKUP 83946P2 3C6LR4AT6JG376953 Pickup 2018 DODGE RAM 1500SLT 12465K2 3C6JR6ET8JG137711 Pickup 2020 DODGE RAM 1500 PICKUP 15863Z2 3C6JR6DTXLG179141 Pickup 2016 DODGE RAM 1500 PICKUP 82373Z1 3C6JR6DT6GG239163 Pickup 2017 DODGE RAM 2500 PICKUP 77955R1 3C6LR4AT9HG514026 Pickup 2010 DODGE RAM 1500SLT 8Y41735 3D7JB1EP4AG133101 Pickup 2015 DODGE RAM 1500 PICKUP 53302V1 3C6JR6DT4FG647191 Pickup 2016 DODGE RAM 1500 PICKUP 24330J1 3C6JR6DT2GG326249 Pickup 2012 DODGE RAM 1500 SLT 09884G1 3C6JD6EP0CG167676 Pickup 2017 TOYOTA TACOMA SR5 4061500 3TMBZ5DNXHM007919 Pickup 2014 DODGE RAM 1500 10425S1 3C6JR6DT6EG260947 Roll Off Truck 2013 FREIGHTLINER 108 SD ROLL OFF 35292G1 1FVHG5BS4DHBZ9983 Roll Off Truck 2015 FREIGHTLINER 108-SD ROLL OFF 59463P1 3ALHG5CY8FDGA5075 Stakebed Truck 1999 FORD F450 STAKEBED 5Y07176 1FDAF56S2XEB20867 Stump Grinder 2015 VERMEER SC802 STUMP CUTTER SE645863 1VR2151J2G1002055 Stump Grinder 2018 VERMEER SC802 STUMP CUTTER SE703981 1VR2151J7K1003128 28 Setting the Gold Standard IN-HOUSE FLEET MAINTENANCE We currently have more than 1,600 pieces of fairly new equipment that enables us to replace equipment immediately should there be any unforeseen mechanical problems. We employ over 50 full-time mechanics that perform an in-house fleet maintenance program. This allows our equipment to be in good operating condition necessary for accomplishing the City’s needs. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time. Equipment is assigned to different crews and if the crew is shared with another contract the equipment will be as well. PREVENTATIVE MAINTENANCE PROGRAM All WCA equipment goes through our Preventative Maintenance program. From our solar powered arrow boards, to our Freightliner Roll Off trucks. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time. SUSTAINABILITY Over the last few years, we have invested heavily in new equipment to keep our fleet modern, comply with state requirements, meet demand and reduce our effects on the environment. We understand with a fleet as large as ours that we are responsible for the amount of emissions our vehicles produce and actively make an effort to monitor and reduce our carbon footprint. Through our ability to dedicate specific pieces of equipment for this project, we believe it will lead to a successful program. 29 Setting the Gold Standard Scope of Services Grid Tree Pruning Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and in its entirety. This includes pruning all trees (small, medium and large-sized.) Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 15% of the live foliage removed at a given time. Special Request Tree Pruning Special Request Tree Pruning includes tree maintenance services on designated tree(s) as ordered by the City’s Arborist or designee. This category of pruning may include structural pruning, crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is ordered by the City, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have approximately 25% of the live foliage removed at a given time. Pruning to reduce the tree’s crown (or Crown Reduction Pruning) may be performed when conditions within the crown of a hardwood tree are such that the overall canopy mass and excessive wood weight needs to be reduced. This type of prune is performed when the City’s primary objective is to maintain or improve tree health and structure and will be charged at the Crew Rental rate as agreed upon by the City and WCA. Line Clearance Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines. Young Tree Maintenance (Optional) Proper pruning and care during the early stages of the tree’s life will save money in the future, and create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following under the hourly rate: • Selective structural pruning • Removal of dead, interfering, split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking • Adjusting tree ties • Adjusting trunk protectors • Weed abatement 30 Setting the Gold Standard Root Pruning We strongly recommend against any root pruning, however, should the City elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. This is performed under the hourly rate. Tree and Stump Removal Operations With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage. Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump grinders. These are intended to remove tree stumps and exposed root systems close to ground level. Tree removal and stump removal are to be charged separately in accordance with the contract. Tree Watering Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs. WCA currently provides tree watering in the cities of Culver City, Santa Clarita and Santa Monica as part of their regular tree maintenance services. Emergency Response We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB-DOWN (866-546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree-related condition safe until the following workday. Tree Planting We can replace trees that have been removed and plant new trees in accordance with the City’s specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree. 31 Setting the Gold Standard Crew Rental Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services: • Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction • Crown restoration Arborist Reports We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis. WCA provides the technology, management, and civic experience that makes it the preferred tree management partner across the West. Plant Health Care Tim Crothers, Plant Health Care Manager ISA Board Certified Master Arborist WE-7655 BUM DPR Qualified Pest Control Applicator #145321, QAL Category B & D Our PHC program managed by Tim goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with: • Proper diagnosis based on on-site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues • Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest 32 Setting the Gold Standard REFERENCES West Coast Arborists understands the challenge that many cities face to reduce the cost of tree maintenance services, while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide better services to their community. These contracts cover a range of services from providing emergency response to maintaining the Agency’s entire urban forest. CITY OF NORWALK SINCE 1997 WCA performs various tree maintenance services for the City. The City is currently on a 3 year maintenance cycle which includes major arterials, residential areas, parks, and facilities. WCA maintains all tree maintenance records in ArborAccess. Contact: Joe Garcia, Maintenance Supervisor 12700 Norwalk Blvd., Norwalk, CA 90650 ~ (562) 929-5511 ~ jgarcia@ci.norwalk.ca.us ANNUAL BUDGET: $430,000 CITY OF WHITTIER SINCE 2005 WCA performs various tree maintenance services for the City and maintains the work records for 22,623 city-owned tree sites including parkway, parks, facilities. The City of Whittier is currently on a 5 year grid trim maintenance cycle. Emergency response is also provided. Contact: Wayne McBurney, Tree Maintenance Supervisor 13230 Penn St., Whittier, CA 90602 ~ (562) 567-9400 ~ wmcburney@cityofwhittier.org ANNUAL BUDGET: $1,470,000 COUNTY OF LOS ANGELES SINCE 2010 WCA trims nearly 25,000 trees of the county's 500,000 tree population annually. We also perform tree removals and tree planting on an as-needed basis. Part of our work requirements include palm tree inspection and bird nesting inspections as work is performed. Contact: Nathan Birdwell, Tree Superintendent 38126 N. Sierra Highway, Palmdale, CA 93550 ~ (661) 974-7173 ~ nbirdwell@dpw.lacounty.gov ANNUAL BUDGET: $8,000,000 CITY OF LAKEWOOD SINCE 1994 WCA performs tree maintenance in several areas including blocks, medians, trails, facilities and parks this includes trimming, removal and planting. The City of Lakewood is a Tree City USA with over 30,000 trees maintained by WCA. Since completing the city’s GPS tree inventory in 2006, WCA has kept complete and up-to-date maintenance records of the city’s trees in ArborAccess. Contact: Rick Kapella, Tree & Hardscape Supervisor 5050 Clark Ave., Lakewood, CA 90712 ~ (562) 416-5969 ~ rkapella@lakewoodcity.org ANNUAL BUDGET: $1,230,000 CITY OF BELLFLOWER SINCE 2002 WCA performs various tree maintenance services for the City. The City is currently on a 4-year maintenance cycle which includes major arterials, residential areas, parks, and facilities. WCA maintains all tree maintenance records in ArborAccess. Emergency response is also provided. Contact: Frank Preciado , Public Works Supervisor 9944 Flora Vista Street, Bellflower, CA 90706 ~ (562) 804-1424 ~ fpreciado@bellflower.org ANNUAL BUDGET: $265,000 33 Setting the Gold Standard EXPERIENCE: CURRENT CALIFORNIA CITIES/COUNTIES UNDER CONTRACT WITH WCA CITY OF AGOURA HILLS CITY OF ALAMEDA CITY OF ALHAMBRA CITY OF ANAHEIM CITY OF ARCADIA CITY OF ARTESIA CITY OF AZUSA CITY OF BALDWIN PARK CITY OF BEAUMONT CITY OF BELL CITY OF BELL GARDENS CITY OF BELLFLOWER CITY OF BERKELEY CITY OF BEVERLY HILLS CITY OF BRADBURY CITY OF BRAWLEY CITY OF BREA CITY OF BUENA PARK CITY OF BURLINGAME CITY OF CAMARILLO CITY OF CARLSBAD CITY OF CARMEL-BY-THE-SEA CITY OF CARPINTERIA CITY OF CARSON CITY OF CERES CITY OF CHINO CITY OF CHINO HILLS CITY OF CHOWCHILLA CITY OF CHULA VISTA CITY OF CITRUS HEIGHTS CITY OF CLAREMONT CITY OF COACHELLA CITY OF COLTON CITY OF COMMERCE CITY OF CONCORD CITY OF CORONA CITY OF CORONADO CITY OF COSTA MESA CITY OF COVINA CITY OF CUDAHY CITY OF CULVER CITY CITY OF CUPERTINO CITY OF DANA POINT CITY OF DAVIS CITY OF DEL MAR CITY OF DIAMOND BAR CITY OF DUARTE CITY OF EL CAJON CITY OF EL CENTRO CITY OF EL SEGUNDO CITY OF ENCINITAS CITY OF ESCONDIDO CITY OF FILLMORE CITY OF FOLSOM CITY OF FONTANA CITY OF FREMONT CITY OF FRESNO CITY OF FULLERTON CITY OF GARDEN GROVE CITY OF GILROY CITY OF GLENDALE CITY OF GLENDORA CITY OF GOLETA CITY OF GRAND TERRACE CITY OF HALF MOON BAY CITY OF HAWAIIAN GARDENS CITY OF HIGHLAND CITY OF HOLLISTER CITY OF HUNTINGTON BEACH CITY OF IMPERIAL BEACH CITY OF INDIO CITY OF INDUSTRY CITY OF INGLEWOOD CITY OF IRWINDALE CITY OF JURUPA VALLEY CITY OF LA CANADA CITY OF LA HABRA CITY OF LA MESA CITY OF LA MIRADA CITY OF LA PALMA CITY OF LA PUENTE CITY OF LA VERNE CITY OF LAGUNA BEACH CITY OF LAGUNA HILLS CITY OF LAKE ELSINORE CITY OF LAKE FOREST CITY OF LAKEWOOD CITY OF LATHROP CITY OF LEMON GROVE CITY OF LINCOLN CITY OF LIVERMORE CITY OF LODI CITY OF LOMA LINDA CITY OF LOMPOC CITY OF LONG BEACH CITY OF LOS ALAMITOS CITY OF LOS ALTOS CITY OF LOS ANGELES CITY OF MADERA CITY OF MANHATTAN BEACH CITY OF MENIFEE CITY OF MENLO PARK CITY OF MILPITAS CITY OF MISSION VIEJO CITY OF MONROVIA CITY OF MONTCLAIR CITY OF MONTEBELLO CITY OF MONTEREY CITY OF MONTEREY PARK CITY OF MOORPARK CITY OF MORENO VALLEY CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW CITY OF MURRIETA CITY OF NATIONAL CITY CITY OF NEWARK CITY OF NEWPORT BEACH CITY OF NORCO CITY OF NORWALK CITY OF OAKLEY CITY OF OCEANSIDE CITY OF ONTARIO CITY OF ORANGE CITY OF OXNARD CITY OF PALM DESERT CITY OF PALM SPRINGS CITY OF PALO ALTO CITY OF PARAMOUNT CITY OF PERRIS CITY OF PICO RIVERA CITY OF PLACENTIA CITY OF PLEASANTON CITY OF POMONA CITY OF POWAY CITY OF RANCHO CORDOVA CITY OF RANCHO CUCAMONGA CITY OF RPV CITY OF REDLANDS CITY OF REDONDO BEACH CITY OF RIALTO CITY OF RIVERSIDE CITY OF ROSEMEAD CITY OF ROSEVILLE CITY OF SACRAMENTO CITY OF SAN BERNARDINO CITY OF SAN BRUNO CITY OF SAN CARLOS CITY OF SAN CLEMENTE CITY OF SAN DIEGO CITY OF SAN DIMAS CITY OF SAN FERNANDO CITY OF SAN JACINTO CITY OF SAN JUAN CAP CITY OF SAN LEANDRO CITY OF SAN MARCOS CITY OF SAN RAMON CITY OF SANTA ANA CITY OF SANTA BARBARA CITY OF SANTA CLARA CITY OF SANTA CLARITA CITY OF SANTA FE SPRINGS CITY OF SANTA MARIA CITY OF SANTEE CITY OF SIERRA MADRE CITY OF SIGNAL HILL CITY OF SOLANA BEACH CITY OF SOUTH PASADENA CITY OF SOUTH SF CITY OF STOCKTON CITY OF SUNNYVALE CITY OF TEMPLE CITY CITY OF THOUSAND OAKS CITY OF TORRANCE CITY OF TRACY CITY OF TULARE CITY OF TUSTIN CITY OF UPLAND CITY OF VENTURA CITY OF VERNON CITY OF VICTORVILLE CITY OF VISALIA CITY OF VISTA CITY OF WALNUT CITY OF WALNUT CREEK CITY OF WEST COVINA CITY OF WEST HOLLYWOOD CITY OF WEST SACRAMENTO CITY OF WHITTIER CITY OF WOODLAND CITY OF YORBA LINDA COUNTY OF ALAMEDA COUNTY OF COLUSA COUNTY OF CONTRA COSTA COUNTY OF EL DORADO COUNTY OF FRESNO COUNTY OF LOS ANGELES COUNTY OF MONTEREY COUNTY OF NAPA COUNTY OF ORANGE COUNTY OF PLACER COUNTY OF RIVERSIDE COUNTY OF SAN BERNARDINO COUNTY OF SAN DIEGO COUNTY OF SAN JOAQUIN COUNTY OF SAN MATEO COUNTY OF TULARE COUNTY OF VENTURA COUNTY OF YOLO MOUNTAIN HOUSE CSD ROSSMOORE CSD TOWN OF ATHERTON 34 Setting the Gold Standard FIRM EXPERIENCE Listed below are current contracts valued over $2,000,000 annually. Customer Duration Annual Contract Amount County of Los Angeles Since 2015 $14,800,000 City & County of San Francisco Since 2017 $6,200,000 City of Riverside Since 2018 $4,400,000 City of Long Beach Since 2016 $3,400,000 City of Fresno Since 2001 $3,400,000 Riverside Public Utilities Since 1997 $3,400,000 City of Anaheim/Anaheim Utilities Since 2007 $3,300,000 City of Corona Since 2010 $3,000,000 City of Industry Since 2020 $3,000,000 County of Orange - Parks Since 2014 $3,000,000 City of Sacramento - Parks Since 2016 $2,800,000 City of San Diego Since 2015 $2,700,000 City of Ontario Since 1998 $2,700,000 City of Sacramento Since 2015 $2,500,000 City of Glendale Since 2015 $2,500,000 Glendale Water & Power Since 2015 $2,500,000 City of Santa Clarita Since 2008 $2,400,000 City of Beverly Hills Since 2000 $2,300,000 City of Fullerton Since1998 $2,300,000 City of Santa Ana Since 2015 $2,000,000 20 Prevailing wages are required on this contract. City of Seal Beach FEE & COST PROPOSAL CITY-WIDE TREE MAINTENANCE SERVICES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST Trimming of Various Species of Trees 1. Tree trim DBH 1” to 6” EA 300 $ $ 2. Tree trim DBH 7” to 12” EA 700 $ $ 3. Tree trim DBH 13” to 18” EA 600 $ $ 4. Tree trim DBH 19” to 24” EA 250 $ $ 5. Tree trim DBH 25” to 30” EA 20 $ $ 6. Tree trim DBH 31” to 36” EA 30 $ $ Trimming of Queen Palms 7. 1” to 6” DBH EA 10 $ $ 8. 7” to 12” DBH EA 200 $ $ 9. 13” to 18” DBH EA 450 $ $ Trimming of Date Palms 10. 19” to 24” DBH EA 20 $ $ 11. 25” to 30” DBH EA 50 $ $ 12. 31” to 36” DBH EA 20 $ $ 21 Trimming of Mexican Fan Palms 13. 1” to 6” DBH EA 10 $ $ 14. 7” to 12” DBH EA 100 $ $ 15. 13” to 18” DBH EA 600 $ $ 16. 19” to 24” DBH EA 20 $ $ Tree and Stump Removals 17. Tree and Stump Removal DBH 1” to 6” EA 10 $ $ 18. Tree and Stump Removal DBH 7” to 12” EA 10 $ $ 19. Tree and Stump Removal DBH 13” to 18” EA 10 $ $ 20. Tree and Stump Removal DBH 19” to 24” EA 10 $ $ 21. Tree and Stump Removal DBH 25” to 30” EA 10 $ $ *DBH – Diameter at Breast Height Total Bid Amount: $ TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): $ ________________________________________ Total Bid Price in Numbers ________________________________________________________________________ Total Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. 22 Emergency Work Hourly Rates Classification Hourly Rates Per Crewmember Standard Crew Rental 24-hour emergency call-out response, two (2) hour minimum, 30- minute response – complete with all necessary equipment and personnel. $ $ 38 Setting the Gold Standard EXCEPTIONS West Coast Arborists, Inc. has no exceptions to RFP City-Wide Tree Maintenance Services and/or the City’s Standard Agreement for the City of Seal Beach. We are committed to providing exceptional service, expertise, and value to our clients and look forward to the opportunity to serve your tree maintenance needs. By choosing our services, you can trust that our professional team will conduct a comprehensive inspection and provide detailed documentation to assist the City of Seal Beach in maintaining safe and visually appealing surroundings for its residents and commuters. Our approach is designed to be efficient, cost-effective, and tailored to meet the specific needs of our clients. 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7KHELGVSHFLILFDWLRQOLVWDUHTXLUHPHQWIRUD&&RQVWUXFWLRQ=RQH7UDIILF &RQWURO/LFHQVH 7KLVLVQRWDVWDQGDUGOLFHQVHUHTXLUHPHQWIRU&LW\7UHH0DLQWHQDQFH FRQWUDFWVDVLWDSSOLHVGLUHFWO\WRFRQVWUXFWLRQZRUNDQGQRWPDLQWHQDQFH ZRUN:LOOWKH&LW\DFFHSW&RQWUDFWRUVWKDWDGKHUHWRDOOVWDQGDUGVDQG JXLGHOLQHVSURYLGHGLQWKHODWHVWHGLWLRQRIWKH:RUN$UHD7UDIILF&RQWURO +DQGERRN :$7&+ DQG&DOLIRUQLD8QLIRUP7UDIILF&RQWURO'HYLFHV 087&'   $QVZHU 7KH&LW\ZLOOEHUHTXLULQJWKDWWKHFRQWUDFWRUVXEFRQWUDFWRUSRVVHVVD& &RQWUDFWRU/LFHQVHDVLW¶VD&-3,$UHFRPPHQGDWLRQ   (1'2)$''(1'80  %\RUGHURIWKH&LW\RI6HDO%HDFK      &LW\(QJLQHHU   'DWH $WWDFKPHQWV 1RQH \RGH R W H&  LW\ (QJLQHHU EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the D Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before 12. For every subcontractor who will perform work on the project, Contractor shall be Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment duties of Contractor under this Section shall survive the termination of the Agreement. Agenda Item J AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing a Professional Services Agreement with Minagar & Associates, Inc. for a Safety Action Plan ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7478: 1. Approving and awarding a Professional Services Agreement with Minagar & Associates, Inc. in a not-to-exceed amount of $198,144 to prepare a Safety Action Plan; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan. BACKGROUND AND ANALYSIS: The Bipartisan Infrastructure Law (“BIL”) established the new Safe Streets and Roads for All (“SS4A”) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds regional, local, and tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports the United States Department of Transportation's National Roadway Safety Strategy and their goal of zero (0) roadway deaths. Additionally, the program supports the development of a comprehensive safety action plan that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues. On June 12, 2023, City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-to-exceed amount of $50,000 and authorized an agreement between the United States Department of Transportation (“USDOT”) Federal Highway Administration (“FHWA”) and the City Page 2 1 7 0 5 of Seal Beach (“City”) to assist with developing a Safety Action Plan (“SAP”) for the City. On September 20, 2023, staff solicited proposals via Planetbids to prepare a SAP. On October 10, 2023, staff evaluated the four (4) submitted proposals based on factors that include overall qualifications, relevant experience, engagement, and proposed project scope. The two top-rated firms were invited to participate in virtual panel interviews. Based on thorough reviews of the received proposals, Minagar was identified as the most qualified firm for the project. Minagar submitted a proposal in a not-to-exceed amount of $198,144 to prepare the City’s SAP. Minagar’s tasks will include the following: 1. Project Management 2. Safety Analysis 3. Engagement and Collaboration (Stakeholders, Community) 4. Policy and Process Changes 5. Strategy & Project Selections 6. Development of Final SAP Staff requests approval for a not-to-exceed amount of $10,000 for contingency if additional analysis is required to update the traffic collision data from the 2022 LSRP or address comments received from stakeholders and community collaboration meetings. This would be work that goes above and beyond the scope included in Minagar’s proposal. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with Minagar & Associates, Inc. will not have a significant effect on the environment. Additionally, the forty-three (43) Action Plan Grants awarded to California under the FY 2022 SS4A Grant Program can be characterized as planning studies that do not lead directly to construction. Pursuant to 23 CFR 771.117(c)(1), these Action Plan Grants meet the criteria for Categorical Exclusions (CEs) and do not require any further National Environmental Policy Act (“NEPA”) approvals by FHWA. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. Page 3 1 7 0 5 FINANCIAL IMPACT: Budget Amendment #24-07-02 is required to approve $200,000 from Citywide Grants (Fund 217) and $50,000 from Gas Tax (Fund 210). Any unspent funds will be returned to the original funding source. The table below represents a breakdown of the total Project funding: The table below represents the estimated breakdown of the design costs: Description Amount Design/Analysis (Minagar Fee Proposal)$198,144 Contingency $ 10,000 Project Budget $208,144 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7478: 1. Approving and awarding a Professional Services Agreement with Minagar & Associates, Inc. in a not-to-exceed amount of $198,144 to prepare a Safety Action Plan; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer Page 4 1 7 0 5 ATTACHMENTS: A. Resolution 7478 B. Agreement with Minagar & Associates, Inc. RESOLUTION 7478 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MINAGAR & ASSOCIATES, INC. FOR A SAFETY ACTION PLAN WHEREAS, the Bipartisan Infrastructure Law (“BIL”) established the new Safe Streets and Roads for All (“SS4A”) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries; and, WHEREAS, the SS4A program supports the United States Department of Transportation's National Roadway Safety Strategy and their goal of zero roadway deaths; and, WHEREAS, the SS4A program supports the development of a comprehensive Safety Action Plan (“SAP”) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues; and, WHEREAS, the SS4A program provides funding for two types of grants including Planning and Demonstration Grants and Implementation Grants; and, WHEREAS, on June 12, 2023, City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-to- exceed amount of $50,000 and authorized an agreement between the United States Department of Transportation (“USDOT”) Federal Highway Administration (“FHWA”) and the City of Seal Beach (“City”) to assist with developing a Safety Action Plan (“SAP”) for the City; and, WHEREAS, on September 20, 2023, staff solicited proposals to prepare a SAP via PlanetBids; and, WHEREAS, based on thorough reviews of the received proposals, Minagar & Associates, Inc. (“Minagar”) was identified as the most qualified firm for the Project; and, WHEREAS, Minagar submitted a proposal in a not-to-exceed amount of $198,144 to prepare the City’s SAP; and, WHEREAS, based upon Minagar’s proposed work to be performed pursuant to the Agreement related documents, the City Council finds that Minagar is a qualified firm to perform the Project. 8 6 3 9 NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The foregoing recitals are true and correct and are hereby adopted by reference as though set forth in full. Section 2. The City Council hereby approves and awards a Professional Services Agreement with Minagar & Associates, Inc. in a not-to- exceed amount of $198,144 to prepare a Safety Action Plan; and, Section 3. The City Council authorizes and directs the City Manager to execute the Agreement; and, Section 4. The City Council authorizes the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor 8 6 3 9 ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7478 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk PROFESSIONAL ENGINEERING SERVICES AGREEMENT for City Project No. O-ST-4 Federal Award No. 693JJ32340099 for Preparation of Safety Action Plan between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Minagar & Associates, Inc. 23282 Mill Creek Drive, Suite 120 Laguna Hills, CA 92653 (949) 707-1199 This Professional Engineering Services Agreement (“the Agreement”) is made as of January 22, 2024 (the “Effective Date”), by and between Minagar & Associates, Inc. (“CONSULTANT”), a California corporation, and the City of Seal Beach (“CITY”), a California charter city, (collectively, “the Parties”). 2 of 39 2903700 RECITALS A. CITY received a grant from the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) (collectively “FHWA”) under the Fiscal Year 2022 Safe Streets and Roads for All (“SS4A”) Grant Program (“Program”) pursuant to the Bipartisan Infrastructure Law (“BIL”) by Grant Agreement dated July 5, 2023 for the development and preparation of a Safety Action Plan (City Project No. O-ST-4; Federal Award No. 693JJ32340099) (the “Project”). B. CITY desires certain professional engineering services to carry out the Project. C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), CITY issued a “Request for Proposals for Safety Action Plan (SAP)” on August 24, 2023, and CONSULTANT submitted a proposal dated September 20, 2023, to perform the professional engineering services as further defined and set forth in Article II of this Agreement. D. CONSULTANT represents that it is registered with the California Department of Industrial Relations (DIR Registration #PW-LR-1000574084), and that the principal members and employees of its firm are licensed and registered professional engineers and are fully qualified under California law to perform the services contemplated by this Agreement in a good and professional manner by virtue of its experience and the training, education and expertise of its principals and employees. E. CITY desires to engage CONSULTANT as an independent contractor and CONSULTANT desires to provide CITY with the professional engineering services in the manner set forth herein and more fully described in Article II. 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. Recitals A through E, inclusive, above, are incorporated herein by reference as part of the terms of this Agreement. B. The Project Manager for CONSULTANT will be Fred Minagar. The Contract Administrator for CITY will be Kathryne Cho. ARTICLE II CONSULTANT’S SERVICES A. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, CONSULTANT shall provide the work and other services (collectively “Scope of Services” or “Services”) for the Project identified in Recital A, above, and as further described in City’s Request for Proposal (the “RFP”) attached hereto as Exhibit A and incorporated herein by this reference, and CONSULTANT’s accepted Proposal (“Proposal”) attached hereto as Exhibit B, incorporated herein by this 3 of 39 2903700 reference as through set forth in full, all to City’s reasonable satisfaction. This Agreement and in the Agreement Documents defined in Section A(1) of this Article. 1. Agreement Documents. The Agreement Documents include this Agreement itself and all of the following: (i) the RFP (including all exhibits attached thereto or incorporated therein by reference) (collectively Exhibit A); (ii) the Proposal (Exhibit B); (iii) U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023 (“FHWA General Terms and Conditions”) (Exhibit C); and (iv) U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023 (“FHWA Grant Exhibits”) (Exhibit D). Exhibits A, B, C, and D, and all Federal and state statutes and regulations referenced therein, are incorporated herein by this reference. 2. Federal Requirements. As a Project funded in part through Program funds provided by the USDOT/FHWA under the BIL, CONSULTANT shall comply with all Federal requirements applicable under the BIL and other provisions of Federal law. As used in this Agreement, “Federal Requirements” include, but are not limited to, all Federal statutes and regulations referenced or otherwise set forth and/or incorporated into Exhibit A (the RFP); (ii) Exhibit C (FHWA Terms and Conditions); and Exhibit D (FHWA Grant Exhibits); and such other Federal requirements imposed by law. 3. Order of Precedence. a. Subject to subparagraph (b) of this Section 3, the Order of Precedence of the Agreement Documents shall be as follows: (i) this Agreement; and then (ii) FHWA General Terms and Conditions (Exhibit C): and then (iii) FHWA Grant Exhibits (Exhibit D); and then (iv) the RFP (Exhibit A); and then (v) the Proposal (Exhibit B). To the extent that there is any conflict between Exhibits A and B, on the one hand, and this Agreement, on the other hand, this Agreement shall control. b. In the event of any conflict between the Federal Requirements on the one hand, and any provision of this Agreement, Exhibit A, and/or Exhibit B on the other hand, the Federal Requirements shall control. B. CONSULTANT shall perform the Scope of 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 Scope of 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 4 of 39 2903700 Scope of Services in a skillful, competent, and professional manner, and CONSULTANT and CONSULTANT’s staff, shall perform the Scope of 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 Scope of 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 PERFORMANCE PERIOD A. This Agreement shall go into effect on January 22, 2024, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by the CITY Contract Administrator. The Agreement shall end on June 30, 2025, unless sooner terminated pursuant to Article VI or extended by amendment to this Agreement. B. CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is 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, in the total not-to-exceed amount set forth in Section I of this Article. 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 work. 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 approved CONSULTANT’S Cost Proposal, 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 work 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 work. The maximum total cost as specified in Section “I” of this Article shall not be exceeded, unless authorized by Agreement amendment. 5 of 39 2903700 B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee, subject to the total not-to-exceed amount of $198,144 (one hundred ninety-eight thousand one hundred forty-four dollars and 00/100) set forth in Section I of this Article. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by 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 the 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. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III 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 work, nor for any work performed prior to approval of this Agreement. H. CONSULTANT will be reimbursed promptly for Services performed as required under this Agreement upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate in compliance with the requirements of this Article. 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 and 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 sixty (60) calendar days after completion of CONSULTANT’s work. 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: Kathryne Cho, Contract Administrator I. The total amount payable by CITY including the actual costs and fixed fee shall not exceed $198,144 (one hundred ninety-eight thousand dollars and 00/100). 6 of 39 2903700 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 A. This Agreement may be terminated by CITY, 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 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 suspend all or any part of CONSULTANT’s Services under this Agreement, for the convenience of CITY or for work stoppages beyond the control of CITY or CONSULTANT, at no additional cost to CITY, provided that CONSULTANT is given written notice of suspension (delivered by certified mail, return receipt requested). If CITY gives such notice of suspension, CONSULTANT shall immediately suspend its activities under this Agreement. A suspension may be issued concurrent with the notice of termination. A suspension of the Services does not void this Agreement. 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. 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. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that 48 Code of Federal Regulations (“CFR”) Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. 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. When 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. 7 of 39 2903700 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, the California State Auditor or its duly-authorized designee, 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 Chief Financial Officer. 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. 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. In 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 the CITY 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). 8 of 39 2903700 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 the CITY 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 review and is unable to issue a cognizant approval 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 the proposed 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. 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 Section 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 Section 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 Section 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 9 of 39 2903700 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 hereunder. CONSULTANT agrees to 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 the CITY 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 the CITY Contract Administrator in advance of assigning work to a substitute subconsultant. 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. 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. 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 10 of 39 2903700 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 PREVAILING WAGE REQUIREMENTS A. State Prevailing Wage Rates 1. No CONSULTANT or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. 2. CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the 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 (https://dot.ca.gov/programs/construction/labor- compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code § 1773.2 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. 3. 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/. 4. Payroll Records a. CONSULTANT and each subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 California Code of Regulations (“CCR”) § 16000 showing the 11 of 39 2903700 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: i. The information contained in the payroll record is true and correct. ii. 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. b. 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: i. 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. ii. 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. iii. The public shall not be given access to certified payroll records by CONSULTANT. CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request. c. 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. d. 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. e. CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and 12 of 39 2903700 shall, within five (5) working days, provide a notice of a change of location and address. f. 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. 5. 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 the CITY Contract Administrator. 6. Penalty a. CONSULTANT and each subconsultant shall comply with Labor Code §§ 1774 and 1775. Pursuant to Labor Code § 1775, CONSULTANT and each subconsultant shall forfeit to CITY a penalty of not 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. b. 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 rates of 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. c. 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 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. d. 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 13 of 39 2903700 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: i. 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. ii. 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. iii. 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. iv. 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. e. 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. f. 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. 7. 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, 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 14 of 39 2903700 (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code § 1815. 8. Employment of Apprentices a. Where either the prime Agreement or the 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. b. CONSULTANT and subconsultants 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. B. Federal Prevailing Wage Rates 1. Federal Requirements for Federal-Aid Construction Projects provisions shall apply to this Agreement and are made a part of the Agreement. 2. The current Federal Prevailing Wage Determinations issued under the Davis- Bacon and related Acts shall apply to this Agreement and are made a part of the Agreement. 3. When federal prevailing wage rates apply, CONSULTANT must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by CITY’s Contract Administrator. 4. If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid. 5. Any subagreement entered into as a result of this Agreement shall contain all the provisions of this Article. ARTICLE XIII CONFLICT OF INTEREST A. During the term of this Agreement, 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. B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided 15 of 39 2903700 pursuant to this Agreement. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law. C. CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. 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. D. CONSULTANT hereby certifies that CONSULTANT or 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 XIV 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 XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. CONSULTANT certifies, to the best of his or her knowledge and belief, that: 1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, 16 of 39 2903700 CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. 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 the nondiscrimination program requirements of California Government Code § 12990 and 2 CCR § 11102. 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 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or 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. CONSULTANT further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against CITY, its officials, officers, employees, agents, servants, volunteers, those CITY agents serving as independent contractors in the role of CITY officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. C. CONSULTANT and Subconsultants shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code §§ 12920-12999), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the applicable provisions of Gov. Code §§ 11135-11139.5, and the regulations or standards adopted by CITY to implement such provisions. D. CONSULTANT shall permit access by representatives of the California Civil Rights Department and CITY upon reasonable notice at any time during the normal 17 of 39 2903700 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 work 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. 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 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. 18 of 39 2903700 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 DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist CITY in a good faith effort to achieve California's statewide overall DBE goal. B. The goal for DBE participation for this Agreement is 0.0% (zero percent). Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O1: Consultant Proposal DBE Commitment, or in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, CONSULTANT must complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts (https://ccag.ca.gov/wp- content/uploads/2021/09/15-H-DBE-Information-Good-Faith-Effort.pdf) to document efforts to meet the goal. 49 CFR Part 26 shall comply to provide guidance regarding evaluation of good faith efforts to meet the DBE goal. D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. CITY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as CITY deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR § 26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT 19 of 39 2903700 must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. F. CONSULTANT shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of CONSULTANT) pursuant to prior written authorization of CITY’s Contract Administrator. G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF will be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. K. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE) First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to CITY’s Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier subconsultants” is submitted to the CITY Contract Administrator. 20 of 39 2903700 L. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days. M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. ARTICLE XIX 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 affecting 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 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 rating of no less than A:VIII, licensed to 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; (4) Professional Liability coverage (or Errors and Omissions coverage); and (5) Umbrella or excess liability insurance. If required to meet higher limits. 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 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 combined single limit per accident; (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): $1,000,000 per claim and $2,000,000 in the aggregate, and if a “claims made” policy is provided, policy inception date, continuity date, or retroactive date must be 21 of 39 2903700 before the effective date of this Agreement. If a “claims made” policy is provided, the policy shall be endorsed to provide an extended reporting period no less than three years after completion of the Services required by this Agreement. (5) Umbrella or excess liability insurance. [If required to meet higher limits]. CONSULTANT shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:  A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;  “Pay on behalf of” wording as opposed to “reimbursement”;  Concurrency of effective dates with primary policies. Should the CONSULTANT obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. C. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or approved by CITY to state: (1) Cancellations or Modifications to Coverage Endorsement. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or provided by CITY to state: (a) Coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice (or ten days for nonpayment) by certified mail, return receipt requested, has been given to CITY; and (b) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials; (2) Primary non-contributory endorsement. Coverage shall be primary insurance as respects CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors 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 those CITY agents serving as independent contractors in the role of CITY officials, shall be excess of CONSULTANT’s insurance and shall not be called upon to contribute with it; (3) Additional Insured Endorsements. For general liability insurance and auto liability insurance, that CITY, its officials, officers, employees, agents, volunteers and those CITY agents serving as independent contractors in the role of CITY officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and with respect to the ownership, operation, maintenance, use, loading or unloading of 22 of 39 2903700 any auto owned, leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible. (4) Waiver of Subrogation Endorsement. For general liability, automobile liability, and workers’ compensation polices, coverage shall be endorsed to waive each insurer’s right of subrogation against the CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its sub-consultants or subcontractors. 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 those CITY agents serving as independent contractors 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 officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors 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. G. The policy limits set forth in this Article do not limit, and shall not be construed to limit, the CONSULTANT’s indemnity obligations contained in this Agreement. H. CONSULTANT agrees that it will not cancel, reduce, or otherwise modify the insurance coverage required by the Agreement during the term of the Agreement. CONSULTANT agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of CONSULTANT and the cost of such insurance may be deducted, at the option of CITY, from payments due CONSULTANT. This shall be in addition to all other legal options available to CITY to enforce the insurance requirements. I. If CONSULTANT maintains broader coverage and/or higher limits than the minimums required in this Article, CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of CONSULTANT under this Agreement. J. California Labor Code §§ 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code § 1861, CONSULTANT hereby certifies as follows: 23 of 39 2903700 “I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this contract.” K. Enforcement of Agreement Provisions (Non-Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on City’s part to inform Contractor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. L. Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review. ARTICLE XX FUNDING REQUIREMENTS; NON-APPROPRIATION OF FUNDS A. 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. B. 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. C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. D. 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. 24 of 39 2903700 ARTICLE XXI CHANGE IN TERMS A. This Agreement may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator. 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 XXII 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 XXIII DISPUTES; GOVERNMENT CODE CLAIM COMPLIANCE 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 Public Works Director, who may consider written or verbal information submitted by CONSULTANT. B. Not later than thirty (30) calendar days after completion of all 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. D. In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for extra work, additional services, disputes, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any 25 of 39 2903700 lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, additional services, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against City. ARTICLE XXIV 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. ARTICLE XXV SAFETY A. CONSULTANT shall comply with 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 XXVI OWNERSHIP OF DATA AND OTHER WORK PRODUCT A. It is mutually agreed that all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever of this Agreement (collectively “Work Product”) prepared or delivered by CONSULTANT under this Agreement shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, deliverables and other Work Product 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. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the Work Product and results of the Services to be rendered by CONSULTANT hereunder to be work made for hire for the benefit of CITY. 26 of 39 2903700 CONSULTANT acknowledges and agrees that the Work Product (and all rights therein, including, without limitation, copyright and other intellectual property rights) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY. C. 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. D. 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). E. 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. F. 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 material produced under this Agreement, and that CITY has full legal title to and the right to reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and its officials, officers, employees, servants, attorneys, volunteers, and those CITY 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 Work Product violates 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 Work Product produced under this Agreement. In the event the use of any of the Work Product 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 Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (2) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. ARTICLE XXVII 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. 27 of 39 2903700 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 XXVIII 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 XXIX 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 XXX 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. 28 of 39 2903700 ARTICLE XXXI 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 XXXII 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: MINAGAR & ASSOCIATES, INC. FRED MINAGAR ,Project Manager 23282 MILL CREEK ROAD, SUITE 120 LAGUNA HILLS, CA 92653 CITY: CITY OF SEAL BEACH KATHRYNE CHO , Contract Administrator 211 - 8TH STREET SEAL BEACH, CA 90740 ARTICLE XXXIII 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 consultants (collectively “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 the Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. CONSULTANT will determine the means, methods, and details by 29 of 39 2903700 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 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 Services required by this Agreement. CONSULTANT shall perform all Services off of CITY premises at locations of CONSULTANT’s choice, except as otherwise may from time to time be necessary in order for 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 Services under this Agreement, or as may be necessary to inspect or visit CITY locations and/or private property to perform such 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 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 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 subconsultants or other 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 defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY and its officials, officers, employees, servants, designated volunteers, and those CITY 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 30 of 39 2903700 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 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 XXXIV 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 Public Employees’ Pension Reform Act of 2013, as amended, and the regulations of PERS. 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 its officials, officers, employees, servants, designated volunteers, and those CITY 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 XXXIV. 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 XXXV INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND A. Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, indemnify and hold harmless the City, its 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 Agreement), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT and/or its officers, agents, servants, employees, subconsultants subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the 31 of 39 2903700 performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). 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. B. Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT, its officers, agents, servants, employees, subconsultants, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Damages 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. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. C. Subconsultant and Other Subcontractor Indemnification. CONSULTANT shall obtain executed indemnity agreements with provisions identical to those in this Article XXXV 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, 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. D. Insurance Policies 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 XXXV shall also not 32 of 39 2903700 be limited by the limits of any policies of insurance required or provided by CONSULTANT pursuant to this Agreement. ARTICLE XXXVI ANTITRUST CLAIMS In entering into this Agreement, CONSULTANT offers and agrees to assign to CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Business and Professions Code § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time CITY tenders final payment to CONSULTANT without further acknowledgment by the parties. ARTICLE XXXVII MISCELLANEOUS A. Limitations Upon Assignment and Subcontracting. CONSULTANT shall not assign, delegate, transfer or subcontract its rights, duties or interests in this Agreement, in whole or in part, without the prior written consent of CITY. Any purported assignment without such consent shall be void and without effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. B. Final Payment Acceptance Constitutes Release. The acceptance by CONSULTANT of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished or relating to CONSULTANT’s Services. Acceptance of payment shall be any negotiation of CITY’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subconsultants, subcontractors, and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by Consultant, its employees, subconsultants, subcontractors and agents. C. Corrections. In addition to the indemnification obligations set forth above, CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during CITY’s review of CONSULTANT’s report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction may be made by CITY, and the cost thereof shall be charged to CONSULTANT. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. D. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33 of 39 2903700 C. Mutual Cooperation. CONSULTANT agrees to work closely and cooperate fully with CITY’s Contract Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. CITY agrees to cooperate with CONSULTANT on the Project. D. Integration; Amendment. This Agreement, including the attachments and Exhibits hereto and documents referenced herein, is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless agreed to in writing by the Parties. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. E. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. E. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Requirements (as applicable). 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. F. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. G. Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. H. Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 34 of 39 2903700 I. 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. J. Corporate Authority. Each 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. [signatures on following page] 36 of 39 2903700 EXHIBIT A Request for Proposal Page 2 of 19 Table of Contents I. INTRODUCTION .................................................................................................. 3 II. QUALIFICATIONS ................................................................................................ 3 III. SCOPE OF SERVICES ........................................................................................ 4 IV. DELIVERABLES ................................................................................................... 5 V. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS .................. 6 VI. ADMINISTRATIVE ELEMENTS ........................................................................... 6 VII. PRE-PROPOSAL QUESTIONS ........................................................................... 7 VIII. SCHEDULE .......................................................................................................... 8 IX. SUBMITTAL REQUIREMENTS ............................................................................ 8 X. FEE PROPOSAL ................................................................................................ 12 XI. INTERVIEW ........................................................................................................ 13 XII. SELECTION PROCESS ..................................................................................... 13 XIII. GENERAL CONDITIONS ................................................................................... 14 EXHIBIT A ..................................................................................................................... 16 SAMPLE PROFESSIONAL SERVICES AGREEMENT ........................................... 16 EXHIBIT B ..................................................................................................................... 17 LOCAL ROAD SAFETY PLAN (LRSP) .................................................................... 17 EXHIBIT C ..................................................................................................................... 18 SAFE STREETS FOR ALL (SS4A) GRANT AGREEMENT .................................... 18 EXHIBIT D ..................................................................................................................... 19 FHWA SS4A GRANT GENERAL TERMS AND CONDITIONS ............................... 19 Page 3 of 19 REQUEST FOR PROPOSALS FOR Safety Action Plan (SAP) I. INTRODUCTION The Bipartisan Infrastructure Law (BIL) established the new Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over 5 years. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports the United States Department of Transportation's National Roadway Safety Strategy and their goal of zero roadway deaths. Additionally, the program supports the development of a comprehensive safety action plan that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues. On July 5, 2023, a grant agreement was executed between the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) and the City of Seal Beach to assist with developing a Safety Action Plan (SAP) for the City of Seal Beach. The City is seeking proposals from qualified professional engineering firms (Consultant) for development and preparation of a SAP. The completed SAP will be used to apply for future infrastructure project grants. 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 a SAP 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. Page 4 of 19 III. SCOPE OF SERVICES Task 1: Project Management This task includes general project management and administrative functions such as regular communications with City staff, coordination with project stakeholders, record keeping and progress meetings and minutes with City staff. Task 2: Safety Analysis Based on the City’s LRSP dated May 2022, and updated collision data, the Consultant will analyze existing conditions and historical trends and analyze the systemic and specific safety needs of the City’s local roadways (e.g., high-risk road features, specific safety needs of relevant road users, public health approaches, analysis of the built environment, demographic and structural issues, etc.). Consultant shall develop a geospatial identification of higher risk locations. The consultant shall identify disadvantaged communities in the City to ensure that the proposed citywide solutions in the SAP are equitable and proportional in their benefits to the disadvantaged communities. Task 3: Engagement and Collaboration The proposed SAP will be developed in collaboration with key stakeholders that may include the local community, businesses, local transportation providers (OCTA), Seal Beach Police Department, Orange County Sheriff’s Department, Orange County Fire Department, Los Alamitos Unified School District, Naval Weapons Station Seal Beach, Caltrans, Golden Rain Foundation, as well as advocacy groups promoting public health and safety. Safety Partners/Stakeholders will meet up to three times during the development of the plan, either in-person or virtually online at the discretion of the City. The consultant shall also organize and hold one community workshop using an interactive format to gain insight and input from the City’s residents on traffic safety issues. The consultant will reach out to disadvantaged communities in the City to ensure their participation. Task 4: Policy and Process Changes Utilizing the City’s LRSP dated May 2022, the Consultant will review the City’s related planning documents, policies, plans, programs, standards, and institutional alignment with current safety best practices. 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, and Local Streets and Road Program (LSRP). Task 5: Strategy and Project Selections 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. Page 5 of 19 The Consultant will conduct a field review and perform a records search 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, collision, special user areas and streetlights. The Consultant will establish measurable objectives and goals in the draft SAP for City review. The goals and objectives will be used to measure progress over time after an Action Plan is developed or updated, including outcome data. SAP will include a list of specific projects and strategies and description of programs of projects and strategies and explains prioritization criteria used. The list should contain interventions focused on infrastructure, behavioral, and/or operational safety. The consultant will also develop conceptual drawings and cost estimates for the recommended projects. Task 6: Development of Final SAP Draft and Final Report: The Consultant will develop a draft SAP based on the findings from Tasks 1-5 following the Safe Streets for All guidelines for a SAP. The Consultant will meet with City staff to review the draft plan and then develop the Final SAP. The Consultant shall submit the Final SAP to the City nine months after receipt of a formal Notice to Proceed (NTP) and shall make the presentation of the Final SAP 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. Task 7: Closeout The Consultant shall submit information about the value of work performed by minority and DBE subconsultants on the project and any other documentation requested by the City. IV. DELIVERABLES The Consultant shall: 1. Convene, at a minimum, three stakeholder meetings – including preparation of agenda and meeting minutes, and presentation to City Council. 2. Organize and conduct one community workshop. 3. Prepare the SAP per Section III (Scope of Services) above, including: a. Preliminary SAP (65% Complete) b. Draft SAP (90% Complete) c. Final SAP (signed and stamped) Page 6 of 19 The Final SAP 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 SAP and supporting documentation shall also be provided. V. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS If including subconsultants in this contract, the Consultant must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include all of the following: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Proposers shall submit evidence and adequate documentation to the City of their compliance with the above good faith efforts steps upon request. VI. 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 Page 7 of 19 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 complete the project in nine months from the NTP. The City will review the SAP 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. VII. PRE-PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Kathryne Cho Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho@sealbeachca.gov Page 8 of 19 (562) 431-2527 ext. 1321 The City will respond in writing to all questions and requests for clarification received by September 9, 2023. All questions and requests for clarification must be in writing. VIII. SCHEDULE The following dates reflect the anticipated schedule: ▪ Request for Proposal Solicitation 08/24/2023 ▪ Pre-Proposal Question Deadline 09/07/2023 ▪ Proposal Submittal Deadline 09/20/2023, 2:00 p.m. ▪ Consultant Interview (if conducted) October 2023 ▪ Contract Award by City Council November 2023 ▪ Notice to Proceed October/November 2023 IX. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 2:00 PM on September 20, 2023, to the following. Postmarks will not be accepted. Kathryne Cho Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho@sealbeachca.gov (562) 431-2527 ext. 1321 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 a 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 Page 9 of 19 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 a 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. Page 10 of 19 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 September 7, 2023. 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: o Cover Letter o Table of Contents o Local Staffing List o Company Qualifications o Schedule/Hours o Contract Signatories o References o Exceptions o Fee Proposal o DIR Registration Number/Contractor’s License o Project Understanding/Approach/Scope of Services Business Entity Proposal shall be a maximum of 25 pages, excluding cover page, cover letter, table of contents, resumes and report dividers. Cover Letter: It shall provide an executive summary of the proposal and designate the firm’s authorized representative regarding this RFP and include a statement that this RFP shall be incorporated in its entirety as a part of the Consultant’s quote. Cover letter shall not exceed two pages. 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. Page 11 of 19 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 that may 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 for whom the Consultant has prepared a SAP 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 SAP development. Proposing Consultants will be required to submit certified payroll Page 12 of 19 records, as required. The fee schedule shall be submitted in a separate sealed envelope from the proposal marked as “Safety Action Plan (SAP) - Fee Proposal”. The 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 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). X. FEE PROPOSAL The Consultant shall provide a fee schedule outlining all applicable employee classifications and hourly rates for each task and subtask as well as any other direct costs. The proposal shall provide a breakdown of fees associated with each project task and associated review and approval stage. The 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. Page 13 of 19 XI. 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. XII. 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 1. 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. 2. Qualifications & Experience (35%) Experience and technical competence of the firm and key personnel on similar projects of equal complexity. 3. Organization & Approach (30%) Understanding and approach to the Work including, but not limited to, task breakdown, scheduling, and staffing. 4. References & Familiarity (20%) References and familiarity with state and grant procedures. 5. Financial Management and Account System Requirements (5%) 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. 6. Conformity (10%) Willingness to agree to all terms of the professional services agreement. Page 14 of 19 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. XIII. 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. Page 15 of 19 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, contract or 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. Page 16 of 19 EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT 2387397v1 [2/4/2020] PROFESSIONAL SERVICES AGREEMENT for City Project No. O-ST-4 Federal Award No. 693JJ32340099 for <Design Professional Engineering Services> between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & <Consultant Name> <Address> <City, State, Zip Code> <Phone Number> This Professional Service Agreement (“the Agreement”) is made as of <INSERT DATE> (the “Effective Date”), by and between <INSERT CONSULTANT NAME> (“CONSULTANT”), <INSERT TYPE OF LEGAL ENTITY (e.g., a California corporation, partnership, etc.)> and the City of Seal Beach (“CITY”), a California charter city, (collectively, “the Parties”). 2 of 38 2854184 [8/21/23] RECITALS A. CITY received a grant from the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) (collectively “FHWA”) under the Fiscal Year 2022 Safe Streets and Roads for All (“SS4A”) Grant Program (“Program”) pursuant to the Bipartisan Infrastructure Law (“BIL”) in July 5, 2023 for the development and preparation of a Safety Action Plan (City Project No. O-ST-4; Federal Award No. 693JJ32340099) (the “Project”). B. CITY desires certain <design professional engineering> services to carry out the Project. C. 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 <design professional engineering> services in the manner set forth herein and more fully described in Section 1.0. D. CONSULTANT represents that the principal members of its firm are qualified <design professional 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 o f 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 <design professional engineering services> as detailed in the Request for Proposals incorporated by reference in Article II CONSULTANT’S SERVICES of this Agreement. B. The Project Manager for the “CONSULTANT” will be <NAME>. The Contract Administrator for CITY will be <NAME>. C. Recitals A through D, inclusive, above, are hereby incorporated as part of the terms of this Agreement. ARTICLE II CONSULTANT’S SERVICES A. CONSULTANT shall provide the work and other services (collectively “Scope of Services” or “Services”) for the Project identified in Recital A, above, and as further described in this Agreement and in the Agreement Documents defined in Section A(1) of this Article. 1. Agreement Documents. The Agreement Documents consist of this Agreement and all of the following: (i) the Request for Proposal (including all exhibits attached thereto or incorporated therein by reference) (collectively “the RFP”) (Exhibit A); (ii) CONSULTANT’s Approved Proposal (Exhibit B); (iii) U.S. 3 of 38 2854184 [8/21/23] Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023 (“FHWA General Terms and Conditions”) (Exhibit C); and (iv) U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023 (“FHWA Grant Exhibits”) (Exhibit D). Exhibits A, B, C, and D, and all Federal and state statutes and regulations referenced therein, are incorporated herein by this reference. 2. Federal Requirements. As a Project funded in part through Program funds provided by the USDOT/FHWA under the BIL, CONSULTANT shall comply with all Federal requirements applicable under the BIL and other provisions of Federal law. As used in this Agreement, “Federal Requirements” includes, but is not limited to, all Federal statutes and regulations referenced or otherwise set forth and/or incorporated into Exhibit A (the RFP); (ii) Exhibit C (FHWA Terms and Conditions); and Exhibit D (FHWA Grant Exhibits); and such other Federal requirements imposed by law. 3. Order of Precedence. a. Subject to subparagraph (b), the Order of Precedence of the Agreement Documents shall be as follows: (i) this Agreement; and then (ii) the RFP (Exhibit A); and then (iii) the Accepted Proposal (Exhibit B); and then (iii) FHWA General Terms and Conditions (Exhibit C): and then (iv) FHWA Grant Exhibits (Exhibit D). To the extent that there is any conflict between Exhibits A and B and this Agreement, this Agreement shall control. b. In the event of any conflict between the Federal Requirements on the one hand, and any provision of this Agreement, Exhibit A, and/or Exhibit B, on the other hand, the Federal Requirements shall control. B. CONSULTANT shall perform the Scope of 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 Scope of 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 Scope of Services in a skillful, competent, and professional manner, and CONSULTANT and CONSULTANT’s staff, shall perform the Scope of 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. 4 of 38 2854184 [8/21/23] E. CONSULTANT will not be compensated for any work or other services performed not specified in the Scope of 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 PERFORMANCE PERIOD A. This Agreement shall go into effect on <DATE>, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by the CITY Contract Administrator. The Agreement shall end on <DATE>, unless extended by amendment to this Agreement. B. CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is 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 work. 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 approved CONSULTANT’S Cost Proposal, 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 work 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 work. The maximum total cost as specified in Section “I” of this Article shall not be exceeded, unless authorized by Agreement amendment. B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $<AMOUNT>. The fixed fee is nonadjustable for the term of the Agreement, 5 of 38 2854184 [8/21/23] except in the event of a significant change in the scope of work and such adjustment is made by 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 the 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. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III 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 work, nor for any work performed prior to approval of this Agreement. 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 and 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 sixty (60) calendar days after completion of CONSULTANT’s work. 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: Kathryne Cho, Contract Administrator I. The total amount payable by CITY including the fixed fee shall not exceed $<AMOUNT>. Invoices shall be mailed to CITY’s Contract Administrator at the following address: 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 A. This Agreement may be terminated by CITY, 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 termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, 6 of 38 2854184 [8/21/23] appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. B. CITY may suspend all or any part of CONSULTANT’s Services under this Agreement, for the convenience of CITY or for work stoppages beyond the control of CITY or CONSULTANT, at no additional cost to CITY, provided that CONSULTANT is given written notice of suspension (delivered by certified mail, return receipt requested). If CITY gives such notice of suspension, CONSULTANT shall immediately suspend its activities under this Agreement. A suspension may be issued concurrent with the notice of termination. A suspension of the Services does not void this Agreement. 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. 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. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that 48 Code of Federal Regulations (“CFR”) Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. 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. When 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, the California State 7 of 38 2854184 [8/21/23] Auditor or its duly-authorized designee, 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 Chief Financial Officer. 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. 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. In 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 the CITY 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 the CITY 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. 8 of 38 2854184 [8/21/23] 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 review and is unable to issue a cognizant approval 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 the proposed 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. 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 Section 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 Section 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 Section 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. 9 of 38 2854184 [8/21/23] 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 hereunder. CONSULTANT agrees to 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 the CITY 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 the CITY Contract Administrator in advance of assigning work to a substitute subconsultant. 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. 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. 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 10 of 38 2854184 [8/21/23] 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 PREVAILING WAGE REQUIREMENTS A. State Prevailing Wage Rates 1. No CONSULTANT or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. 2. CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the 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 (https://dot.ca.gov/programs/construction/labor- compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code § 1773.2 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. 3. 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/. 4. Payroll Records a. CONSULTANT and each subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 California Code of Regulations (“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: i. The information contained in the payroll record is true and correct. 11 of 38 2854184 [8/21/23] ii. 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. b. 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: i. 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. ii. 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. iii. The public shall not be given access to certified payroll records by CONSULTANT. CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request. c. 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. d. 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. e. 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. f. 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 12 of 38 2854184 [8/21/23] 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. 5. 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 the CITY Contract Administrator. 6. Penalty a. CONSULTANT and each subconsultant shall comply with Labor Code §§ 1774 and 1775. Pursuant to Labor Code § 1775, CONSULTANT and each subconsultant shall forfeit to CITY a penalty of not 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. b. 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 rates of 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. c. 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 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. d. 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: i. 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. 13 of 38 2854184 [8/21/23] ii. 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. iii. 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. iv. 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. e. 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. f. 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. 7. 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, 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 Labor Code § 1815. 8. Employment of Apprentices a. Where either the prime Agreement or the 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. 14 of 38 2854184 [8/21/23] b. CONSULTANT and subconsultants 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. B. Federal Prevailing Wage Rates 1. Federal Requirements for Federal-Aid Construction Projects provisions shall apply to this Agreement and are made a part of the Agreement. 2. The current Federal Prevailing Wage Determinations issued under the Davis- Bacon and related Acts shall apply to this Agreement and are made a part of the Agreement. 3. When federal prevailing wage rates apply, CONSULTANT must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by CITY’s Contract Administrator. 4. If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid. 5. Any subagreement entered into as a result of this Agreement shall contain all the provisions of this clause. ARTICLE XIII CONFLICT OF INTEREST A. During the term of this Agreement, 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. B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law. C. CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. 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 15 of 38 2854184 [8/21/23] 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. D. CONSULTANT hereby certifies that CONSULTANT or 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 XIV 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 XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. CONSULTANT certifies, to the best of his or her knowledge and belief, that: 1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 16 of 38 2854184 [8/21/23] C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. 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 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 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or 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 California Fair Employment and Housing Act (Gov. Code §§ 12920-12999), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the applicable provisions of Gov. Code §§ 11135-11139.5, and the regulations or standards adopted by CITY to implement such provisions. D. CONSULTANT shall permit access by representatives of the California Civil Rights Department 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 clause to labor organizations with which they have a collective bargaining or other agreement. F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. G. CONSULTANT, with regard to the work 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 17 of 38 2854184 [8/21/23] 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. 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 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 DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist CITY in a good faith effort to achieve California's statewide overall DBE goal. B. The goal for DBE participation for this Agreement is <INSERT PERCENTAGE>%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O1: Consultant Proposal DBE Commitment, or in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, 18 of 38 2854184 [8/21/23] CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, CONSULTANT must complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts (https://ccag.ca.gov/wp- content/uploads/2021/09/15-H-DBE-Information-Good-Faith-Effort.pdf) to document efforts to meet the goal. 49 CFR Part 26 shall comply to provide guidance regarding evaluation of good faith efforts to meet the DBE goal. D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. CITY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as CITY deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR § 26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. F. CONSULTANT shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of CONSULTANT) pursuant to prior written authorization of CITY’s Contract Administrator. G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF will be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, 19 of 38 2854184 [8/21/23] whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. K. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE) First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to CITY’s Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier subconsultants” is submitted to the CITY Contract Administrator. L. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days. M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. ARTICLE XIX INSURANCE B. 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 affecting coverage required by this Agreement on forms satisfactory to CITY. The certificates and 20 of 38 2854184 [8/21/23] 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 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 rating of no less than A: VIII, licensed to 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). (5) Umbrella or excess liability insurance. If required to meet higher limits. 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 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 combined single limit; (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, in an amount $1,000,000 per claim and $2,000,000 in the aggregate, and if a “claims made” policy is provided, policy inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (5) Umbrella or excess liability insurance. [If required to meet higher limits]. CONSULTANT shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: • A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies. Should the CONSULTANT obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and 21 of 38 2854184 [8/21/23] employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. C. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or approved by CITY to state: (1) 30-Day Notice of Cancellation Endorsement. 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, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials; (3) Primary non-contributory endorsement. Coverage shall be primary insurance as respects CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors 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 those CITY agents serving as independent contractors in the role of CITY officials, shall be excess of CONSULTANT’s insurance and shall not be called upon to contribute with it; (4) Additional Insured Endorsement. For general liability and auto liability insurance, that CITY, its officials, officers, employees, agents, volunteers and those CITY agents serving as independent contractors in the role of CITY officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and 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. (5) Waiver of Subrogation Endorsement. For general liability, automobile liability, and workers’ compensation coverage shall be endorsed to waive subrogation against the CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its sub-consultants. 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 those CITY agents serving as independent contractors 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 officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials; or (2) 22 of 38 2854184 [8/21/23] CONSULTANT shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. G. The policy limits set forth in this Article do not limit, and shall not be construed to limit, the CONSULTANT’s indemnity obligations contained in this Agreement. H. CONSULTANT agrees that it will not cancel, reduce, or otherwise modify the insurance coverage required by the Agreement during the term of the Agreement. CONSULTANT agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of CONSULTANT and the cost of such insurance may be deducted, at the option of CITY, from payments due CONSULTANT. This shall be in addition to all other legal options available to CITY to enforce the insurance requirements. I. If CONSULTANT maintains broader coverage and/or higher limits than the minimums required in this Article, CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of CONSULTANT under this Agreement. J. California Labor Code §§ 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code § 1861, CONSULTANT hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this contract.” K. Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services 23 of 38 2854184 [8/21/23] but may not carry the same insurance limits as required of the Consultant under this agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review. ARTICLE XX FUNDING REQUIREMENTS; NON-APPROPRIATION OF FUNDS A. 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. B. 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. C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. D. 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 XXI CHANGE IN TERMS A. This Agreement may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator. 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 XXII 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. 24 of 38 2854184 [8/21/23] ARTICLE XXIII 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 Public Works Director, who may consider written or verbal information submitted by CONSULTANT. B. Not later than thirty (30) calendar days after completion of all 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 XXIV 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. ARTICLE XXV SAFETY A. CONSULTANT shall comply with 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 XXVI OWNERSHIP OF DATA AND OTHER WORK PRODUCT A. It is mutually agreed that all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever of this Agreement (collectively “Work Product”) prepared or delivered by CONSULTANT under this Agreement shall 25 of 38 2854184 [8/21/23] become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, deliverables and other Work Product 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. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the Work Product and results of the Services to be rendered by CONSULTANT hereunder to be work made for hire for the benefit of CITY. CONSULTANT acknowledges and agrees that the Work Product (and all rights therein, including, without limitation, copyright and other intellectual property rights) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY. C. 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. D. 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). E. 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. F. 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 material produced under this Agreement, and that CITY has full legal title to and the right to reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and its officials, officers, employees, servants, attorneys, volunteers, and those CITY 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 Work Product violates 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 Work Product produced under this Agreement. In the event the use of any of the Work Product 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 26 of 38 2854184 [8/21/23] expense, shall: (1) secure for CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (2) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. ARTICLE XXVII 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. 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 XXVIII 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. 27 of 38 2854184 [8/21/23] ARTICLE XXIX 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 XXX 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. ARTICLE XXXI 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 XXXII 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: (CONSULTANT) (NAME) ,Project Manager (ADDRESS) CITY: CITY OF SEAL BEACH KATHRYNE CHO , Contract Administrator 211 - 8TH STREET 28 of 38 2854184 [8/21/23] SEAL BEACH, CA 90740 ARTICLE XXXIII 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 consultants (collectively “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 the Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. CONSULTANT will determine 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 a t 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 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 Services required by this Agreement. CONSULTANT shall perform all Services off of CITY premises at locations of CONSULTANT’s choice, except as otherwise may from time to time be necessary in order for 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 Services under this Agreement, or as may be necessary to inspect or visit CITY locations and/or private property to perform such 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 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 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 29 of 38 2854184 [8/21/23] other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, CONSULTANT and any of its officers, employees, agents, and subconsultants or other 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 defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY and its officials, officers, employees, servants, designated volunteers, and those CITY 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 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 XXXIV 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 Public Employees’ Pension Reform Act of 2013, as amended, and the regulations of PERS. 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 its officials, officers, employees, servants, designated volunteers, and those CITY 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 XXXIV. 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. 30 of 38 2854184 [8/21/23] ARTICLE XXXV INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND A. Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, indemnify and hold harmless the City, its 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 Agreement), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT and/or its officers, agents, servants, employees, subconsultants subcontractors, contractors or their officers, 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 by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). 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. B. Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT, its officers, agents, servants, employees, subconsultants, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Damages 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. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. C. Subconsultant and Other Subcontractor Indemnification. CONSULTANT shall obtain executed indemnity agreements with provisions identical to those in this Article XXXV 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 31 of 38 2854184 [8/21/23] 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, 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. D. Insurance Policies 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 XXXV shall also not be limited by the limits of any policies of insurance required or provided by CONSULTANT pursuant to this Agreement. ARTICLE XXXVI ANTITRUST CLAIMS In entering into this Agreement, CONSULTANT offers and agrees to assign to CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Business and Professions Code § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time CITY tenders final payment to CONSULTANT without further acknowledgment by the parties. ARTICLE XXXVII MISCELLANEOUS A. Limitations Upon Assignment and Subcontracting. CONSULTANT shall not assign, delegate, transfer or subcontract its rights, duties or interests in this Agreement, in whole or in part, without the prior written consent of CITY. Any purported assignment without such consent shall be void and without effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. B. Final Payment Acceptance Constitutes Release. The acceptance by CONSULTANT of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished or relating to CONSULTANT’s Services. Acceptance of payment shall be any negotiation of CITY’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subconsultants, subcontractors, and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by Consultant, its employees, subconsultants, subcontractors and agents. 32 of 38 2854184 [8/21/23] C. Corrections. In addition to the indemnification obligations set forth above, CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during CITY’s review of CONSULTANT’s report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction may be made by CITY, and the cost thereof shall be charged to CONSULTANT. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. D. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. C. Mutual Cooperation. CONSULTANT agrees to work closely and cooperate fully with CITY’s Contract Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. CITY agrees to cooperate with CONSULTANT on the Project. D. Integration; Amendment. This Agreement, including the attachments and Exhibits hereto and documents referenced herein, is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless agreed to in writing by the Parties. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. E. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. E. 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. F. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. G. Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver 33 of 38 2854184 [8/21/23] of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. H. Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. I. 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. J. Corporate Authority. Each 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. 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 By: _________________________ Jill R. Ingram, City Manager Attest: By: _________________________ Gloria D. Harper, City Clerk Approved as to Form: By: _________________________ Craig A. Steele, City Attorney CONSULTANT: <Complete name of Consultant>, a <INSERT TYPE OF ENTITY (e.g., a California corporation> By: __________________________ Name: __ Its: By: __________________________ Name: ___ Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) Exhibit A: Request for Proposal Exhibit B: Approved Proposal 34 of 38 2387397v1 [2/4/2020] Exhibit C: U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023 Exhibit D: U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023 35 of 38 2387397v1 [2/4/2020] EXHIBIT A Request for Proposal 36 of 38 2387397v1 [2/4/2020] EXHIBIT B Accepted Proposal 37 of 38 2387397v1 [2/4/2020] EXHIBIT C U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023 38 of 38 2387397v1 [2/4/2020] EXHIBIT D U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023 Page 17 of 19 EXHIBIT B LOCAL ROAD SAFETY PLAN (LRSP) 1 City of Seal Beach Local Roadway Safety Plan (LRSP) May 2022 Prepared By: SEAL BEACH LRSP 2022 2 2 Executive Summary Seal Beach has created a local roadway safety plan (LRSP), which identifies a framework to identify, analyze, and develop traffic safety enhancements on the City’s roadway network. The LRSP was developed in response to local issues and needs. Through the analysis, this report has identified emphasis areas to inform and further guide safety evaluation and planning for the City’s transportation network. The LRSP also analyzes collision data on an aggregate basis as well as at specific locations to identify high-crash locations, high-risk locations, and citywide trends and patterns. The analysis of collision history on the City’s transportation network allows for opportunities to: 1) identify factors in the transportation network that inhibit safety for all roadway users, 2) improve safety at specific high-collision locations, and 3) develop safety measures using the 5E’s of transportation safety: Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies, to encourage safer roadway user behavior and better severity outcomes. Seal Beach has been successful at taking steps to enhance traffic safety throughout the City, but can take additional steps in improving roadway safety citywide. The City is continuing these safety efforts through this plan by identifying areas of emphasis and opportunities for system improvement that can be implemented to enhance safety. This LRSP analyzes the most recent range of collision data (January 1, 2016 to December 31, 2019 and recent roadway improvements to assess historic trends, patterns, and areas of concern. During the LRSP development process, the City has drafted a vision for traffic safety and outlined the goals that will help guide plan success. The vision is to enhance the transportation network to achieve zero traffic fatalities and serious injury related collisions. The goals were identified as: • Identify areas with a high risk for collisions. • Illustrate the value of a comprehensive safety program and the systemic process. • Plan future safety improvements for near-, mid- and long-term implementation. • Define safety projects for HSIP (Highway Safety Improvement Program) and other program funding consideration. Seal Beach’s collision history was analyzed to identify locations with elevated risk of collisions either through their collision histories or their similarities to other locations that have more general representation of network collision patterns. Using a network screening process, locations within the City that will most likely benefit from safety enhancements were identified. Using historic collision data, collision risk factors for the entire network were derived. The outcomes informed the identification and prioritization of engineering and non-infrastructure safety measures that address certain roadway characteristics and related behaviors that contribute to motor vehicle collisions with active transportation users. SEAL BEACH LRSP 2022 3 3 (Per section 148 of Title 23, United States Code [23 U.S.C. §148(h) (4)]: REPORTS DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION—Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.) _______________________ Signature Line By signing and stamping this Local Road Safety Plan, the engineer is attesting to this report's technical information and engineering data upon which local agency's recommendations, conclusions, and decisions are made. SEAL BEACH LRSP 2022 4 4 Table of Contents 1 INTRODUCTION ............................................................................................. 6 2 VISION AND GOALS ..................................................................................... 7 3 PROCESS ....................................................................................................... 8 3.1 Guiding Manuals .......................................................................................................... 8 3.2 Analysis Techniques ...................................................................................................10 4 SAFETY PARTNERS ................................................................................... 13 4.1 Stakeholder Meeting #1 ..............................................................................................13 5 EXISTING EFFORTS .................................................................................... 13 6 DATA SUMMARY ......................................................................................... 14 6.1 Roadway Network .......................................................................................................14 6.2 Intersections ...............................................................................................................14 6.3 Count Data .................................................................................................................14 6.4 Crash Data .................................................................................................................14 7 CRASH SAFETY TRENDS .......................................................................... 18 7.1 All Crashes .................................................................................................................18 7.2 Fatalities .....................................................................................................................19 7.3 Injury Levels................................................................................................................20 7.4 Cause of Crash ...........................................................................................................21 7.5 Vulnerable Users ........................................................................................................21 7.6 Significant Trends for Passenger Vehicles ..................................................................23 7.7 Behavioral ...................................................................................................................23 7.8 Statewide Comparison ................................................................................................23 8 EMPHASIS AREAS ...................................................................................... 25 9 RECOMMENDATIONS ................................................................................. 28 9.1 Infrastructure Improvements .......................................................................................28 9.2 Non-Infrastructure Improvements ................................................................................29 9.3 General City-wide Countermeasure Toolbox...............................................................34 10 EVALUATION & IMPLEMENTATION .......................................................... 39 10.1 Evaluation ...................................................................................................................39 10.2 Implementation ...........................................................................................................39 10.3 Funding .......................................................................................................................40 10.4 Next Steps ..................................................................................................................42 SEAL BEACH LRSP 2022 5 5 Table of Figures Figure 1: Critical Crash Rate Formula .......................................................................................11 Figure 2: Functional Classification (CRS) and Intersection Type as of 2020 .............................15 Figure 3: Fatal and Severe Injury Collisions (2016-2019) ..........................................................16 Figure 4: Density of all Crashes at Intersections and Segments (2016-2019) ...........................17 Figure 5: Crash Type by Year (2016-2019) ...............................................................................18 Figure 6: Crashes by Injury Levels (2016-2019) ........................................................................20 Figure 7: Cause of Crashes (2016-2019) ..................................................................................21 Figure 8: Pedestrian and Bicycle Crashes (2016-2019) ............................................................22 Table of Tables Table 1: Injury Crashes Categorized by Modes Involved (2016-2019) ......................................19 Table 2: Fatal & Severe Injury Collisions by Cause (2016-2019) ...............................................19 Table 3: Comparison of Statewide and Seal Beach Crashes (2015-2018) ................................23 Table 4: Summary of Programs, Policies, and Practices for the City of Seal Beach ..................29 Table 5: City-wide Recommended Safety Projects (Countermeasure Toolbox) .........................35 Table 6: Non-Engineering 5E Safety Strategy Countermeasures ..............................................37 SEAL BEACH LRSP 2022 6 6 1 Introduction Seal Beach is a coastal community that also serves as an access point to other neighboring coastal cities in Orange County. It is known for its commercial and cultural vibrancy. Similar to the surrounding communities, Seal Beach has a stable population of around 25,000 residents. Along with general tourists and beachgoers, this creates layers of tension and complexity for the transportation network. This Local Roadway Safety Plan (LRSP) identifies emphasis areas to inform and guide further safety evaluation of the City’s transportation network. The emphasis areas include type of crash, certain locations, and notable relationships between current/past efforts to address traffic collisions and crash history. The LRSP analyzes crash data on an aggregate basis as well as at specific locations to identify high-crash locations, high-risk locations, and city-wide trends and patterns. The analysis of crash history throughout the City’s transportation network allows for opportunities to: 1) identify factors in the transportation network that inhibit safety for all roadway users, 2) improve safety at specific high-crash locations, and 3) develop safety measures using the five E’s of safety: Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies to encourage safer driver behavior and better severity outcomes. The process and analysis performed for the City’s LRSP including initial vision and goals for the LRSP development, crash history analysis, and emphasis areas is included in this Plan. The information compiled will provide a foundation for decision making and prioritization for safety countermeasures and projects that enhance safety for all modes. Seal Beach has been successful at taking steps to enhance all modal safety throughout the City. This is supported by their California Office of Traffic Safety rankings identifying them in the top 20% tier for safety as compared to peer cities in most categories. The City continues these safety efforts in this LRSP by identifying areas of emphasis and systemic recommendations that can be implemented to enhance safety. This LRSP analyzes the most recent range of crash data (January 1, 2016 – December 31, 2019) and roadway improvements to assess historic trends, patterns, and areas of increasing concern. The intent of the LRSP is to: • Create greater awareness of road safety and risks • Reduce the number of fatal and severe-injury crashes • Develop lasting partnerships • Support for grant/funding applications, and • Prioritize investments in traffic safety. SEAL BEACH LRSP 2022 7 7 2 Vision and Goals The Seal Beach LRSP evaluates the transportation network as well as non-infrastructure programs and policies within the City. Mitigation measures are evaluated using criteria to analyze the safety of road users (drivers, bicyclist, and pedestrians), the interaction of modes, influences on the roadway network from adjacent municipalities, and the potential benefits of safety countermeasures. This effort is intended to use historical data to identify trends and develop a toolbox of countermeasures applicable to conditions in the City that can be used for proactive identification and implementation of opportunities, without relying solely on a reaction and response to crashes as they occur. LRSPs have been effective across the country as part of the effort to reduce fatal and severe- injury crashes because they provide a locally developed and customized roadmap to directly address the most common safety challenges in the given jurisdiction. Following discussions with Seal Beach staff and a review of existing plans and policies for the area, the following Vision, Goals, and Objectives have been established for this project. VISION: To enhance the transportation network to achieve zero traffic fatalities and serious injury related crashes. Goal #1: Identify areas with a high risk for collision. Objectives: • Identify intersections and segments that would most benefit from mitigation. • Identify areas of interest with respect to safety concerns for vulnerable users (pedestrians and bicyclists). Goal #2: Illustrate the value of a comprehensive safety program and the systemic process. Objectives: • Demonstrate the systemic process’ ability to identify locations with higher risk for collisions based on present characteristics closely associated with severe collisions. • Demonstrate, through the systemic process, the gaps and data collection activities that can be improved upon. Goal #3: Plan future safety improvements for near-, mid- and long-term. Objectives: • Identify safety countermeasures for specific locations (case studies). • Identify safety countermeasures that can be applied county-wide. Goal #4: Define safety projects for future HSIP and other program funding consideration. Objectives: • Create the outline for a prioritization process that can be used in this and forth-coming cycles to apply for funding. • Use the systemic process to create Project Case Studies. • Use Case Studies to apply for HSIP funding consideration. • Demonstrate the correlation between the proposed safety countermeasures with the Vision Zero Initiative and the California State Highway Safety Plan. SEAL BEACH LRSP 2022 8 8 3 Process Providing safe, sustainable, and efficient mobility choices for their residents and visitors is a primary goal for the City and their safety partners. The City will continue their collaboration with their safety partners to identify and discuss safety issues within the community through the development of the LRSP and its implementation. Guidance on the LRSP process is provided at both the national (Federal Highway Administration) and state (California Department of Transportation) level. Both of these organizations have developed a general framework of data and recommendations to be included in an LRSP. FHWA encourages: • The establishment of a working group (Stakeholders) to participate in developing a LRSP. • Review crash, traffic, and roadway data to identify areas of concern. • Establish goals, priorities, and countermeasures to recommend improvements at spot locations, systemically, and comprehensively. Caltrans guidance follows a similar outline with the following steps: • Establish leadership • Analyze the safety data • Determine emphasis areas • Identify strategies • Prioritize and incorporate strategies • Evaluate and update the LRSP This LRSP documents the results of data and information obtained, including the preliminary vision and goals for the LRSP, existing safety efforts, initial crash analysis, and developed emphasis areas. The development of the LRSP recommendations considers the five E's of traffic safety defined by the California Strategic Highway Safety Plan (SHSP): Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies throughout its process. 3.1 Guiding Manuals The following section describes the analysis process undertaken to evaluate safety within Seal Beach at a systemic level. Using a network screening process, locations within the City that will most likely benefit from safety enhancements will be identified. Using historic crash data, crash risk factors for the entire network are derived. The outcomes will inform the identification and prioritization of engineering and non-infrastructure safety measures that address certain roadway characteristics and related behaviors that contribute to motor vehicle crashes with active transportation users. This process uses the latest National and State best practices for statistical roadway analysis described as follows. SEAL BEACH LRSP 2022 9 9 3.1.1 Local Roads Safety Manual The Local Roadway Safety Manual: A Manual for California’s Local Road Owners (Version 1.5, April 2020) purpose is to encourage local agencies to pursue a proactive approach to identifying and analyzing safety issues, while preparing to compete for project funding opportunities. A proactive approach is defined as analyzing the safety of the entire roadway network through either a one-time, network wide analysis, or by routine analyses of the roadway network.1 According to the Local Roadway Safety Manual (LRSM), “The California Department of Transportation (Caltrans) – Division of Local Assistance is responsible for administering California’s federal safety funding intended for local safety improvements.” To provide the most benefit and to be competitive for funding, the analysis leading to countermeasure selection should focus on both intersections and roadway segments and be considerate of roadway characteristics, traffic volumes and surrounding land uses. The result should be a list of locations that are most likely to benefit from cost-effective countermeasures, preferably prioritized by benefit/cost ratio. The manual suggests using a mixture of quantitative and qualitative measures to identify and rank locations that considers both crash frequency and crash rates. These findings should then be screened for patterns such as crash types and severity to aid in the determination of issues causing higher numbers of crashes and the potential countermeasures that could be most effective. Qualitative analysis should include field visits and a review of existing roadway characteristics and devices. The specific roadway context can then be used to assess what conditions may increase safety risk at the site and systematic level. Countermeasure selection should be supported using Crash Modification Factors (CMFs). These factors are the peer reviewed product of before and after research that quantifies the expected rate of crash reduction that can be expected from a given countermeasure. If more than one countermeasure is under consideration, the LRSM provides guidance on how to apply CMFs appropriately. 3.1.2 Highway Safety Manual “The AASHTO Highway Safety Manual (HSM), published in 2010, presents a variety of methods for quantitatively estimating crash frequency or severity at a variety of locations.”2 This four-part manual is divided into Parts: A) Introduction, Human Factors, and Fundamentals, B) Roadway Safety Management Process, C) Predictive Method, D) Crash Modification Factors. Chapter 4 of Part B of the HSM discusses the Network Screening process. The Network Screening Process is a tool for an agency to analyze their entire network and identify/rank locations that (based on the implementation of a countermeasure) are most likely to least likely to realize a reduction in the frequency of crashes. The HSM identifies five steps in this process:3 1 Local Roadway Safety Manual (Version 1.5) 2020. Page 5. 2 AASHTO, Highway Safety Manual, 2010, Washington D.C., http://www.highwaysafetymanual.org/Pages/About.aspx 3 AASHTO. Highway Safety Manual. 2010. Washington, DC. Page 4-2. SEAL BEACH LRSP 2022 10 10 1. Establish Focus: Identify the purpose or intended outcome of the network screening analysis. This decision will influence data needs, the selection of performance measures and the screening method that can be applied. 2. Identify Network and Establish Reference Populations: Specify the types of sites or facilities being screened (i.e., segments, intersections, geometrics) and identify groupings of similar sites or facilities. 3. Select Performance Measures: There are a variety of performance measures available to evaluate the potential to reduce crash frequency at a site. In this step, the performance measure is selected as a function of the screening focus and the data and analytical tools available. 4. Select Screening Method: There are three principle screening methods. Each method has advantages and disadvantages; the most appropriate method for a given situation should be selected. 5. Screen and Evaluate Results: The final step in the process is to conduct the screening and analysis and evaluate the results. The HSM provides several statistical methods for screening roadway networks to identify high risk locations based on overall crash histories. In addition to identifying the total number of crashes, this study uses a method referred to as Critical Crash Rate to analyze the data. 3.2 Analysis Techniques 3.2.1 Crash and Network Screening Analysis Intersections and roadways were analyzed using four crash metrics: • Number of Crashes • Critical Crash Rate (HSM Ch. 4) • Probability of Specific Crash Types Exceeding Threshold Proportion (HSM Ch. 4) • Equivalent Property Damage Only (HSM Ch. 4) The initial steps of the crash analysis established sub-populations of roadway segments and intersections that have similar characteristics. For this study, intersections were grouped by their control type (Signalized, Unsignalized, Roundabout) and segments by their roadway category (Arterial, Collector, Minor Collector, Local). Individual crash rates were calculated for each sub- population. The population level crash rates were then used to assess whether a specific location has more or fewer crashes than expected. These sub-populations were also used to determine typical crash patterns to help identify locations where unusual numbers of specific crash types are seen. The network screening process ranks intersections and roadway segments by the number of crashes that occurred at each one over the analysis period, and then identifies areas that had more of a given type of crash than would be expected for that type of location. These crash type factors were 1) crash injury (fatal, serious injury, other visible injury, complaint of pain, property damage only), 2) crash type (broadside, rear-end, sideswipe, head-on, hit object, overturned, bicycle, pedestrian, other), 3) environmental factors (lighting, wet roads), and 4) driver behavior (impaired, aggressive, and distracted driving). With these additional factors, the locations were further analyzed and assigned a new rank. SEAL BEACH LRSP 2022 11 11 From the results of the network screening analyses, a short-list of locations was chosen based on crash activity, crash severity, crash patterns, location type, and area of the City of Seal Beach to provide the greatest variety of locations covering the widest range of safety opportunities for toolbox development. The intent is to populate the safety toolbox with mitigation measures that will be applicable to most of the crash activity in the county. Ten locations will ultimately be selected for mitigation analysis. 3.2.2 Critical Crash Rate (CCR) Analysis Reviewing the number of collisions at a location is a good way to understand the cost to society incurred at the local level but does not give a complete indication of the level of risk for those who use that intersection or roadway segment on a daily basis. The Highway Safety Manual describes the Critical Crash Rate method, which provides a statistical review of locations to determine where risk is higher than that experienced by other similar locations. It is also the first step in analyzing for patterns that may suggest systemic issues that can be addressed at that location, and proactively at others to prevent new safety challenges from emerging. The Critical Crash Rate compares the observed crash rate to the expected crash rate at a particular location based on facility type and volume using a locally calculated average crash rate for the specific type of intersection or roadway segment being analyzed. Based on traffic volumes and a weighted citywide crash rate for each facility type, a critical crash rate threshold is established at the 95% confidence level to determine locations with higher crash rates that are unlikely to be random. The threshold is calculated for each location individually based on its traffic volume and the crash profile of similar facilities. Figure 1: Critical Crash Rate Formula Source: Highway Safety Manual Data Needs CCR can be calculated using: • Daily entering volume for intersections, or vehicle miles traveled (VMT) for roadway segments, • Intersection control types to separate them into like populations, • Roadway functional classification to separate them into like populations, • Collision records in GIS or tabular form including coordinates or linear measures. SEAL BEACH LRSP 2022 12 12 Strengths • Reduces low volume exaggeration • Considers variance • Establishes comparison threshold 3.2.3 Equivalent Property Damage Only (EPDO) The equivalent property damage only (EPDO) method is described in the Highway Safety Manual. This method assigns weighting factors to crashes based on injury level (severe, injury, property damage only) to develop a property damage only score. In this analysis, the injury crash costs were calculated for each location (based on the latest Caltrans injury costs). This figure is then divided by the injury cost for a property damage only crash. The resulting number is the equivalent number of property damage only crashes at each site. This figure allows all locations to be compared based on injury crash costs. (Highway Safety Manual, Chapter 4). SEAL BEACH LRSP 2022 13 13 4 Safety Partners As part of the LRSP, local stakeholders were included in the process to ensure the local perspective was kept at the forefront of this planning effort. In addition to the Project Team which included City Staff from the Public Works Department, a stakeholder group was organized. This group consisted of members from Seal Beach Police Department, Orange County Fire Department, Seal Beach Naval Weapons Station, Orange County Bike Coalition, Golden Rain Foundation, and Los Alamitos Unified School District These leaders in the City and community were called together to offer insight on the safety issues present in the city’s transportation network. After the initial network screening and safety analysis, the stakeholder group met to discuss potential countermeasures and challenge areas. The summary of the stakeholder meeting(s) are outlined below. 4.1 Stakeholder Meeting #1 The first stakeholder meeting was conducted virtually using the Zoom platform on September 28, 2021. At the meeting, stakeholders were introduced to the project and provided an overview of the data used, the required outputs, and the potential outcomes of the study. In addition to the overview, Stakeholders were asked to provide local insight and knowledge at 10 “case study” locations that were identified after the initial network screening and crash analysis process. Potential countermeasures were recommended and discussed. Additionally, potential emphasis/challenge areas were proposed during the meeting to include vulnerable users (pedestrians and bicyclists), aging drivers, speeders and school zones. Stakeholder feedback regarding the plan and recommendations were reviewed and incorporated into the study process for the development of the LRSP. Most of the feedback received expressed a strong desire to prioritize bicycle safety throughout the City. 5 Existing Efforts Existing plans, policies, and projects that were recently completed, planned, or are on-going within the City of Seal Beach were compiled at the start of the LRSP process in order to gain perspective on the existing efforts for transportation-related improvements within the City. High- level key points regarding transportation improvements and safety-related topics were identified to inform decision making in this LRSP. Information reviewed included the following: • Seal Beach General Plan-Circulation Element (2003 – Seal Beach): A long-range plan that incorporates existing traffic conditions, future traffic impacts, and future circulation recommendations. • Main Street Specific Plan (1996 – Seal Beach): A strategic plan that focuses on moving people by multiple transportation modes. • Specific Plan for the Development of Pacific Electric Right of Way(1974): A specific plan for the development of a portion of the abandoned Pacific Electric right-of-way. SEAL BEACH LRSP 2022 14 14 6 Data Summary As a data driven process, utilizing the most recent and accurate data is crucial. The following section describes the data inputs used for the analysis process of this LRSP. 6.1 Roadway Network The collision analysis is built upon the existing roadway network. The base network was derived from the Caltrans California Road System (CRS). Figure 2 illustrates Seal Beach’s roadway network categorized using Caltrans’ Classification System. This classification assigned to each corridor roadway segment as either Other Principal Arterial, Minor Arterial, Major Collector, or Local road is used in the analysis process. Ultimately, corridors will be compared to roadway segments with similar designations. 6.2 Intersections The collision analysis requires each intersection be classified by type: Signalized, Unsignalized, or Roundabouts. The safety analysis compares intersection safety performance to locations with similar control types. This information is also displayed in Figure 2. 6.3 Count Data Vehicular count data is used as part of the analysis process to evaluate the impact of traffic and understand the natural hierarchy of the roadway network. Traffic volume data utilized for this project was pulled from the Master Plan of Arterial Highways volume model data from OCTA. For locations without volume, other resources were utilized to identify a reasonable assumption for individual corridors and classification types. 6.4 Crash Data Collision data was collected from Transportation Injury Mapping System Software (TIMS) and Statewide Integrated Traffic Record System (SWITRS) for the period from January 1, 2016 through December 31, 2019 to have a complete set of collision data for analysis. We utilize four- years of data instead of the standard three to provide more history to evaluate trends or patterns. Analysis of the raw collision data is the first step in understanding the specific and systemic challenges faced throughout the City. Analyzing the four years of data provided insight on the following collision trends and patterns. The locations and amount of fatal and severe injury collisions are displayed in Figure 3. The density of collisions at intersections and along roadway segments is shown in Figure 4. SEAL BEACH LRSP 2022 15 15 Figure 2: Functional Classification (CRS) and Intersection Type as of 2020 SEAL BEACH LRSP 2022 16 16 Figure 3: Fatal and Severe Injury Collisions (2016-2019) SEAL BEACH LRSP 2022 17 17 Figure 4: Density of all Crashes at Intersections and Segments (2016-2019) SEAL BEACH LRSP 2022 18 18 7 Crash Safety Trends The following section breaks down the crash data for the period from January 1, 2016 through December 31, 2019 by a variety of input factors and user types. This information will be used to highlight areas of concern for the City. 7.1 All Crashes This report utilized collision data for a four-year period to provide a better understanding of trends and to reflect the patterns in crashes that have occurred on City streets. New data is added to the system in an ongoing basis which means that each time the City updates the analysis, a full 4-year draw from the database, rather than just adding records from the last query should be standard practice. Data used for this report were extracted from Transportation Injury Mapping System (TIMS) and Statewide Integrated Traffic Records System (SWITRS) on July 9, 2021 and was current as of that date. Collision data from January 1, 2016 through December 31, 2019 as reported to TIMS from the local enforcement indicated that during this time there were 512 collisions recorded within Seal Beach. At the time of data collection, data for 2020 was not available on the TIMS database. During this time, the most common occurring collision types were Rear-End (33%) and Broadside (21%). The total number of collisions have been trending downward since 2016, with a significant 24% drop from 2016 to 2019. Figure 5: Crash Type by Year (2016-2019) 0 50 100 150 200 250 2016 2017 2018 2019No. of CollisionsYear Not Stated Head-On Vehicle/Pedestrian Sideswipe Rear End Overturned Other Hit Object Broadside SEAL BEACH LRSP 2022 19 19 7.2 Fatalities During the study period, 9 fatal crashes occurred, as seen in Figure 3. One of the bicycle fatal crashes occurred at night in an area without streetlights. The remaining three took place during daytime. Table 1: Injury Crashes Categorized by Modes Involved (2016-2019) Involved With # of Fatal Collisions # of Severe Injury Collisions # of Other Visible Injury Collisions # of Complaint of Pain Collisions # of Property Damage Only Collisions TOTAL Vehicle 4 13 50 129 275 470 Bicycle 2 1 9 12 0 24 Pedestrian 3 0 4 11 1 18 TOTAL 9 14 63 152 276 514 The cause of the fatal & severe injury collisions is shown in Table 2 below. The most common cause for fatal and severe injury collisions is driving or bicycling under the influence (33%), followed by unknown causes, automobile right of way violations, and unsafe speed. Table 2: Fatal & Severe Injury Collisions by Cause (2016-2019) Collision Cause # of Fatal Collisions # of Severe Injury Collisions Driving or Bicycling Under the Influence of Alcohol or Drug 3 5 Unknown 2 2 Automobile Right of Way 1 1 Pedestrian Violation 2 - Pedestrian Right of Way 1 - Unsafe Speed - 3 Improper Turning - 1 Traffic Signals and Signs - 1 Unsafe Lane Change - 1 SEAL BEACH LRSP 2022 20 20 7.3 Injury Levels Two-thirds (66%) of the crashes reported during the time-period resulted in property damage only. Fatalities and severe injuries totaled less than 4% of all crashes. Figure 6: Crashes by Injury Levels (2016-2019) 54% 29% 12% 3%2% Property Damage Only (PDO) (PDO collisions not included on TIMS) Injury (Complaint of Pain) Injury (Other Visible) Injury (Severe) SEAL BEACH LRSP 2022 21 21 7.4 Cause of Crash The highest cause of collision in Seal Beach is unsafe speed at 35%, followed by improper turning at 13% and driving or bicycling under the influence at 12%. Issues with automobile right of way also had a substantial impact on the City, comprising 9% of the collisions. Drivers ignoring traffic signals and signs compromised 6% of the collisions. Figure 7: Cause of Crashes (2016-2019) 7.5 Vulnerable Users 7.5.1 Pedestrians 18 pedestrian involved collisions occurred during the study period, resulting in 3 fatal collisions and 15 resulting in some level of injury. About half of the pedestrian collisions occurred at night and roughly 75% of them occurred in a crosswalk. 7.5.2 Bicycle During the study period, twenty-four (24) collisions involving bicycles were reported. Of these, two (2) were fatal, and one (1) resulted in severe injuries. The remaining collisions resulted in 21 with some form of reported injury or pain. 80% of the collisions occurred during daylight. Most of these collisions were attributed to improper turning and automobile right-of-way violations. 35% 13% 12% 10% 9% 6% 5% 2% 2% 1% 1% 1% 1% 1% 0.39% 0.39% Unsafe Speed Improper Turning Driving or Bicycling Under the Influence of Alcohol or Drug Unknown Automobile Right of Way Traffic Signals and Signs Unsafe Starting or Backing Other Than Driver (or Pedestrian) Pedestrian Right of Way Other Improper Driving Unsafe Lane Change Wrong Side of Road Following Too Closely Other Hazardous Violation Pedestrian Violation Fell Asleep SEAL BEACH LRSP 2022 22 22 Figure 8: Pedestrian and Bicycle Crashes (2016-2019) SEAL BEACH LRSP 2022 23 23 7.6 Significant Trends for Passenger Vehicles • 62 percent of collisions (322) occurred during the day. Many of these collisions still occurred at or near intersections. • Only eight percent of collisions (45) occurred at night without streetlights, streetlights not functioning (streetlights are owned and maintained by SCE), or during dusk/dawn. Many streetlights in the city operate on ambient light. Many of these collisions still occurred at or near intersections. • 25 percent of drivers at fault were aged 16 through 25. • 21 percent of the drivers at fault were aged 65 and older. 30% of drivers at fault were aged 55 and older. 7.7 Behavioral 7.7.1 Driving Under the Influence 17% of all collisions (85), were reported as the driver being under the influence of drugs or alcohol. More than half of collisions took place on arterial roads. 2 of these collisions resulted in fatalities, 5 resulted in severe injuries, and 31 resulted in other types of injuries. These collisions were concentrated on Seal Beach Bl, Westminster Ave, and in the downtown Seal Beach area. 7.7.2 Aggressive Driving Thirty-five (35) percent of the collisions were primarily caused by drivers traveling at unsafe speed or following too closely. These types of collisions are located primarily on major arterials. 7.8 Statewide Comparison Due to the availability of data, a comparison of crash data to the State averages could only be conducted for data from 2015-2018. These numbers may vary slightly from those mentioned previously, due to the differences in the years of the study period. The following are areas where Seal Beach’s crash rates are higher than those of the State. Table 3: Comparison of Statewide and Seal Beach Crashes (2015-2018) Challenge Area Statewide % Seal Beach % Difference Seal Beach has a Higher Percentage of Collisions Aggressive Driving 33.2% 53.7% 20.5% Impaired Driving 23.5% 34.1% 10.6% Improper Use of Occupant Protection 13.8% 22% 8.2% Distracted Driving 4.7% 9.8% 5.1% Motorcyclists 21.7% 26.8% 5.1% Aging Drivers 13.2% 17.1% 3.9% Work Zones 1.3% 4.9% 3.6% Lane Departure 42% 43.9% 1.9% SEAL BEACH LRSP 2022 24 24 Challenge Area Statewide % Seal Beach % Difference Seal Beach has a Low Percentage of Collisions Commercial Vehicles 6.5% 4.9% -1.6% Bicyclists 7.2% 2.4% -4.8% Pedestrians 19.3% 9.8% -9.5% Young Drivers 12.2% 2.4% -9.8% Intersections 23.8% 9.8% -14% SEAL BEACH LRSP 2022 25 25 8 Emphasis Areas Emphasis Areas are places where the City of Seal Beach can strategically focus efforts to have a large impact on transportation safety. Emphasis areas were developed by revisiting the Vision and Goals developed at the onset of this planning process and comparing them with the trends and patterns identified in the crash analysis. Where these areas aligned, or major challenges were observed, Emphasis Areas and strategies were developed. While the statewide comparison in Section 7.8 was used to identify potential emphasis areas, not all challenge areas where Seal Beach experienced higher rates than the statewide average resulted in an emphasis area focus. Emphasis Area #1 : Aggressive Driving Description: Aggressive driving, as defined by the Caltrans SHSP, includes several behaviors including speeding, tailgating, and ignoring traffic signals and signs. Aggressive driving accounted for 53.7% of the City’s crashes resulting in severe injuries or fatalities, versus 33.2% statewide. Goal for Emphasis Area #1: • Reduce the number of crashes due to aggressive driving in the City • Identify hot spots and priority corridors for aggressive driving • Apply for funding and implement countermeasures to address aggressive driving Strategies for Emphasis Area #1: • Educational campaign to target aggressive drivers • Increased law enforcement presence near aggressive driving hotspots • Increased coordination with law enforcement and other community organizations These strategies will be implemented by the City, law enforcement, and community organizations. Funding sources for these strategies may include OTS, NHTSA, ATP and SB1 grant programs. Emphasis Area #2: Impaired Driving Description: Impaired driving crashes are a high priority challenge area within the Caltrans SHSP. Caltrans defines these as crashes where any evidence of drug or alcohol use by the driver is present, even if the driver was not over the legal limit. 34.1% of impaired driving collisions resulted in severe injuries or death compared to 23.5% for the state average. Goal for Emphasis Area #2 • Reduce the number of crashes attributed to impaired driving • Identify hot spots and priority corridors for countermeasures to reduce impaired driving • Apply for funding to implement countermeasures to reduce impaired driving crashes Strategies for Emphasis Area #2: • Authorize, publicize, and conduct sobriety checkpoints programs • Implement an impaired driving education campaign • Develop educational programs targeting specific audiences based on age group • Additional enforcement presence SEAL BEACH LRSP 2022 26 26  Create effective media campaigns in both visual and print media Emphasis Area #3: Improper Use of Occupant Protection Description: Caltrans defined Improper Use of Occupant Protection as any collision involving victims who did not use or improperly used a safety belt or child restraint. 22% of fatal and severe injury collisions in Seal Beach involved improper use of occupant protection, compared to 13.8% statewide. Goal for Emphasis Area #3: • Reduce the number of collisions involving improper use of occupant protection • Identify high areas of collisions involving improper use of occupant protection • Apply for funding and implement countermeasures at these collision hotspots Strategies for Emphasis Area #3: • Strategic enforcement of existing seat belt laws at hotspot locations • Strategic messaging campaign about seat belt laws and seat belt safety • Establish education and training program to improve occupant protection compliance These strategies will be implemented by the City, law enforcement, and local community organizations. Funding sources for these strategies may include, HSIP, OTS, and SB1 grant programs. Emphasis Area #4: Distracted Driving Description: Caltrans defined Distracted Driving as any collisions where the driver of a motor vehicle was not paying attention or using an electronic device. 9.8% of fatal and severe injury collisions in Seal Beach involved improper use of occupant protection, compared to 5.1% statewide. Goal for Emphasis Area #4: • Reduce the number of collisions involving distracted driving • Identify high areas of collisions involving distracted driving • Apply for funding and implement countermeasures at these collision hotspots Strategies for Emphasis Area #4: • Strategic enforcement of cell phone use laws at hotspot locations • Strategic messaging campaign about cell phone laws and driver safety • Establish education and training program to reduce distracted driving and increase compliance of cell phone use laws These strategies will be implemented by the City, law enforcement, and local community organizations. Funding sources for these strategies may include, HSIP, OTS, and SB1 grant programs. Emphasis Area #5:Aging Drivers (65+) Description: Collisions involving aging drivers, as defined by the Caltrans SHSP, includes instances where the driver of the motor vehicles is 65 years or older. During the study period, SEAL BEACH LRSP 2022 27 27 17.1% of collisions resulting in fatalities or severe injuries were attributed to drivers 65+, versus a state average of 13.2%. Goal for Emphasis Area #5: • Reduce the number of crashes involving aging drivers • Identify hot spots and priority corridors for aging drivers • Apply for funding and implement countermeasures to address collisions involving aging drivers Strategies for Emphasis Area #5: • Educational campaign to target aging drivers with messaging about traffic safety either through city programs or programming provided at Leisure World • Increased coordination with law enforcement and other community organizations Emphasis Area #6 :Lane Departure Collisions Description: Lane departure collisions, as defined by the SHSP, includes head-on, hit object, and overturned collisions. It includes instances where a vehicle runs off the road and crosses into the opposing lane prior to the collision. These collisions account for 43.9% of the fatal and sever crashes in the city, versus 42.0% statewide. Goal for Emphasis Area #6: • Reduce the number of lane departure collisions • Identify hot spots for lane departure collisions • Apply for funding and implement countermeasures on City roads Strategies for Emphasis Area #6: • Address lane departure collisions by implementing proven countermeasures • Identify priority corridors for lane departure collisions and implement countermeasures on these corridors These strategies will be implemented by the City, law enforcement, and local community organizations. Funding sources for these strategies may include, HSIP, OTS, and SB1 grant programs. Emphasis Area #7 :Bicyclists Description: Any instance where a motor vehicle is involved in a collision with a bicyclist is defined as a high priority challenge area by the SHSP. Despite bicycle collisions accounting for 2.4% of fatal & severe injuries compared to 7.2% statewide (based on 2016-2018 SHSP data), this area was emphasized to account for the severity of the bicycle collisions that occurred and the overall safety of bicyclists. Goal for Emphasis Area #7: • Reduce the number of collisions involving bicyclists • Identify high areas of bicycle collisions • Apply for funding and implement countermeasures at bicycle collision hotspots Strategies for Emphasis Area #7: • Implement bicycle priority detection at certain key locations • Implement bicycle infrastructure at key locations SEAL BEACH LRSP 2022 28 28 • Install bicycle counters to determine where high bicycle volume locations are • Establish education and training program to improve bicyclist safety in the City These strategies can be implemented by the City with assistance from emergency services and community organizations. 9 Recommendations The following provides more information on general identified issues, crash modification factors, improvements, and countermeasures identified for the City of Seal Beach, as well as for specific project locations identified as part of this analysis. 9.1 Infrastructure Improvements 9.1.1 Countermeasure Selection Process Part D of the HSM provides information on Crash Modification Factors (CMF) for roadway segments, intersections, interchanges, special facilities, and road networks. CMFs are used to estimate the safety effects of highway improvements and apply CMFs to compare and select highway safety improvements. A CMF less than 1.0 indicates that a treatment has the potential to reduce collisions. A CMF greater than 1.0 indicates that a treatment has the potential to increase collisions. The application of an appropriate CMF can influence the decision to implement a particular project, and the misapplication of CMFs can lead to misinformed decisions. Key factors to consider when applying CMFs include: 1. Selection of an appropriate CMF, 2. Estimation of collisions without treatment, 3. Application of CMFs by type and severity, and 4. Estimation of the combined effect for multiple treatments Examples of Safety Countermeasures can be found through several sources. This Report utilizes the countermeasures found in the California LRSM (https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/hsip/2020/lrsm2020.pdf) and the CMF Clearinghouse (CMF CH) website (http://www.cmfclearinghouse.org/). Countermeasures for each of the Safety Project Case Studies are based on the data analysis and site visits. Additional countermeasures were identified for the high-level issues on a city- wide level and are discussed in Section 9.3 of this Report. 9.1.2 Safety Project Case Studies From the city-wide analysis, ten project case study locations were selected for further analysis and recommendation. For each of these locations, Safety Project Case Studies were developed to provide a case study to organize projects when applying for funding. These locations were identified through the analysis process based on their collision histories, the observed crash patterns, and their differing characteristics to provide the most insight into potential systemic safety countermeasures that the City can employ to achieve the most cost-effective safety benefits. A Safety Project Case Study was developed for these locations: 1. Segment: Westminster Ave (City Limits to Seal Beach Blvd) SEAL BEACH LRSP 2022 29 29 2. Segment: Seal Beach Blvd (Bradbury to Rossmoor Center Way) 3. Segment: Candleberry Ave (Fuchsia St to Marigold St) 4. Signalized Intersection: Seal Beach Blvd & Westminster Ave 5. Signalized Intersection: Seal Beach Blvd & Golden Rain Rd 6. Signalized Intersection: Seal Beach Blvd & Bolsa Ave 7. Signalized Intersection: Tulip St & Lampson Ave 8. Unsignalized Intersection: Seal Beach Blvd & Electric Ave 9. Unsignalized Intersection: Central Avenue & Marina Dr 10. Unsignalized Intersection: Marina Dr & Pacific Coast Highway Appendix A contains the Case Study pages which summarize conditions at each location, and potentially beneficial countermeasures. Countermeasures were subjected to a benefit/cost assessment and scored according to their potential return on investment. These case studies can be used to select the most appropriate countermeasure, and to potentially phase improvements over the longer-term. The potential benefit of these countermeasures at locations with similar design characteristics can then be extrapolated regardless of crash history. These case study sheets can also be used to position the City for future grant funding opportunities. 9.2 Non-Infrastructure Improvements Non-Infrastructure recommendations have also been proven to impact safety conditions of the transportation network. These education and enforcement measure recommendations are developed to target specific behavior types and populations. Based on a review of the existing plans, policies, and programs within the City, the following topics have been reviewed to identify areas where the City can implement or enhance safety efforts. Table 4: Summary of Programs, Policies, and Practices for the City of Seal Beach Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance COMMITTEES / ROLES Active Transportation Coordinator None currently Consider adding role, especially if active transportation master plan is adopted Safety or Active Advisory Committee None currently Consider Implementing Safety/Active Advisory Committee Active Transportation Safety Education Program Currently offering traffic safety bicycle safety awareness Monitor current impacts, modify and expand current efforts as need be SEAL BEACH LRSP 2022 30 30 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance POLICY / PLANS Complete Streets No current plans, regulations or policies implemented Consider implementing plan or developer requirements for sidewalks Traffic Impact Fees Currently implementing Monitor roll out of current fees, modify if necessary Safe Routes to School No current plans, regulations or policies implemented Identify areas of concern and seek funding opportunities to enhance safety. Traffic Calming Policies No current traffic calming policies before raising speed limits. Implement traffic calming measures throughout city where feasible Speed Surveys Conducts regular speed surveys. Speed limits are current. Continue to update as required by California Vehicle Code; review new guidance from Assembly Bill 43 Warrants for Stop Signs and Signals City policy based on CA MUTCD Continue to use CA MUTCD warrants; identify areas where additional warrants can be used (such as flashing stop signs) Planning for Density and Walkable Areas No current plans, regulations or policies implemented Implement localized plans for transit-oriented development Transportation Demand Management (TDM)/Vehicle Miles Travelled (VMT) Reduction TDM: Goals, Objectives, and Policies are addressed in City’s Circulation element. VMT: Addressed in Circulation Element, and Traffic Impact Guidelines address VMTs to follow CEQA. Continue to support TDM plans; monitor VMT reduction strategies in conjunction with traffic impact guidelines. Traffic Crash Monitoring Collision data is kept with the Seal Beach Police Department Records. Continue monitoring crash data; Digitize collision data in GIS database Active Transportation Master Plan No current plans or policies implemented Consider implementing active transportation SEAL BEACH LRSP 2022 31 31 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance master plan to improve bike/pedestrian safety and reduce conflicts with vehicles. Pedestrian Signal Timing No current plans, regulations or policies implemented Implement priority signaling at key intersections; review current timings for accuracy and appropriateness Crosswalks/Pedestrian Infrastructure High visibility crosswalks are standard. School zone crosswalks implemented. Pedestrian countdown heads are being updated as part of routine maintenance. Town Ctr Drive, Seal Beach Bl near McGaugh Elementary School, Adolfo Lopez has restricted ped movements due to vehicle turning movements. Continue to implement countdown heads; evaluate interventions at locations with restricted peds movements; continue to close gaps in pedestrian network Enforcement Coordination with Westminster, Los Alamitos, Cypress, OCSD, Fountain valley, and any other agency who request assistance. At least one check point a year and five saturation patrols yearly, run by the Police Department. Enforced ordinances for helmet use/riding on sidewalks, and jaywalking. Continue with current enforcement programs and continually monitor the effectiveness of these programs. Bicycle Policy Maintenance of city streets and Cal trans is responsible for PCH. No current regulations implemented. Develop bicycle-friendly policies that encourage bicycling for leisure and as an alternative transportation mode. Transit Transit vehicles currently accommodate bicycles. No current plans, regulations or policies implemented to ensure safe and equitable access to transit stops. Implement policies to integrate bicycle infrastructure with transit, such as bike racks, safety improvements near popular stops. SEAL BEACH LRSP 2022 32 32 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance Wayfinding Main St Revitalization project planned to implement wayfinding along Main St (in progress) Monitor effectiveness of wayfinding, expand to popular locations. DATA COLLECTION / INVENTORY Inventory of Pedestrian Signs and Signals Inventory is kept with the Police Department and with Public Works Continue to maintain and update inventory; digitize in GIS database if not done so already. Inventory/Mapping of Active Transportation Routes No current plans, regulations or policies implemented. Inventory is based on request. Complete inventory of existing infrastructure, digitize in GIS and possibly include on wayfinding infrastructure. Crossroad Database City does not use Implement regular updates of collision data into database. Active Transportation Volume Counting Based on Coastal Commission’s request. Only applies to the beach lots and Main Street Continue traffic & active transportation volume collection; utilize this data in collision analysis COORDINATION / FEEDBACK Citizen Feedback Police Department does take citizen feedback for roadway safety. No way for City to track this feedback. ‘Ask City Hall’ website allows to give feedback. Continue to seek out resident feedback and incorporate into policies and implementations; expand opportunities for easy feedback from citizens. Institutional Coordination Interdepartmental coordination between City departments in City Hall. Leisure World and Naval Weapons Station coordination as well. City liaison for Seal Beach Chamber of Commerce. Maintain formal coordination between city departments; involve in collision analysis and planning process. School Engagement City coordinates with Los Alamitos USD. Continue to coordinate with schools and district, SEAL BEACH LRSP 2022 33 33 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance involve in collision analysis and planning process Law Enforcement/Emergency Service Engagement Currently active in City transportation planning. Local health agencies are not engaged in City transportation planning. Continue to coordinate with City police and County Fire; involve in collision analysis and planning process. Engage health agencies as stakeholder. SEAL BEACH LRSP 2022 34 34 9.3 General City-wide Countermeasure Toolbox This evaluation considered city-wide trends to identify countermeasures that would likely provide the most benefit with widespread implementation. Countermeasures for each of the 5E Safety Strategies (Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies) were identified. These include both infrastructure recommendations, non- infrastructure recommendations. Table 5 outlines the city-wide safety project recommendations, which is also referred to as the “Countermeasure Toolbox”. Within the toolbox, the description of the countermeasure along with its LRSM ID number is listed. The next column, Crash Reduction Factor (CRF) also known as Crash Modification Factor (CMF), are “multiplicative factors used to estimate the expected number of crashes after implementing a given countermeasure at a specific site (the lower the CMF, the greater the expected reduction in crashes)4.” For each of these countermeasures, a planning level benefit/cost analysis was completed. Applying the benefit/cost at the city-wide level was estimated assuming some randomness in crash distribution. The location characteristics, such as whether there is a traffic signal, and the type of crashes, were used at the city-wide level to calculate an average cost of crashes that the countermeasure might reduce. The benefit per location was then factored out to a 20-year life- cycle savings, with an Opinion of Project Probable Cost (OPCC) for the initial installation costs and a per-year maintenance cost estimate. The cost shown in Table 5 should be considered initial planning costs using 2022 dollars and not assumed final. Table 6 describes additional recommendations for the remaining categories of traffic safety which includes Enforcement, Education, Emergency Services, and Emerging Technology. 4 LRSM Version 1.5 (2020), Page 27 SEAL BEACH LRSP 2022 35 Table 5: City-wide Recommended Safety Projects (Countermeasure Toolbox) COUNTERMEASURES LRSM/CMF ID CRF PER UNIT COST UNIT Convert intersection to roundabout (from 2-way stop or yield control) NS05 35% $80,000 Per Intersection Install/upgrade larger or additional stop signs/other intersections warning/regulatory signs (stop signs with LED borders) NS06 15% $1,500 Per Sign Install raised median R08 25% $75,000 Per Mile Install edge-lines and centerlines R28 25% $8,000 Per Mile Install curve advance warning R25 30% $80,000 Per sign Install dynamic speed warning signs R26 30% $100,000 Per sign Install green paint in bicycle lanes R32PB 35% $15,000 Per Intersection Install retroreflective backplates S02 15% $12,000 Per Intersection Improve signal timing (coordination, phasing, red, yellow, operation) S03 15% $8,000 Per Intersection Install advanced dilemma zone detection S04 40% $34,000 Per Intersection Install protected left-turn phasing S06 45% $75,000 Per intersection Install raised pavement markers and striping (Through Intersection) S09 10% $22,000 Per Intersection Install raised medians (refuge islands) NS19PB 45% $25,000 Per Intersection Install/upgrade pedestrian crossing at uncontrolled locations NS21PB 35% $10,000 Per Intersection Add segment lighting R01 35% $50,000 Per Mile Convert to all-way stop control (from 2-way or Yield Control) NS02 50% $10,000 Per Location Install High-Visibility Crosswalk 4124 19% $25,000 Per Crosswalk Increase turning radii of driveways - 5% $50,000 Per Location Install bus bay - 5% $150,000 Per Location 36 COUNTERMEASURES LRSM/CMF ID CRF PER UNIT COST UNIT Reconfigure bicycle lanes - 5% $60,000 Per Location Retrofit ADA ramps - 5% $100,000 Per Location Install shutter on signal heads to prevent speeding - 5% $100,000 Per Location Install no right-turn-on-red restriction - 5% $50,000 Per Approach Install additional movement signal heads - 5% $100,000 Per Location Intersection control evaluation - 5% $100,000 Per Location 37 Non-Engineering 5E Safety Strategy Countermeasures: These recommended countermeasures were derived from the collision analysis and build on the actions identified in Section 9.2. These relate to the additional Es of Traffic Safety outside of Engineering. This includes Enforcement, Education, Emergency Services and Emerging Technologies. Table 6: Non-Engineering 5E Safety Strategy Countermeasures PROPOSED COUNTERMEASURE POTENTIAL PARTNERS EXAMPLES OF COUNTERMEASURE ENFORCEMENT Establish enforcement and visibility program for aggressive driving Local law enforcement; CHP CHP’s Regulate Aggressive Driving and Reduce Speed (RADARS) Program Continued enforcement in school zones Local law enforcement; CHP; school districts; OCTA; SCAG Obtain grant funding for additional personnel in school zones Increased enforcement of safe driving & active transportation behaviors near busy crosswalk locations Local law enforcement; CHP Obtain grant funding for additional enforcement near high pedestrian activity locations EDUCATION Campaign to target aggressive driving and DUIs Local law enforcement; CHP; California Office of Traffic Safety (OTS) CHP’s Regulate Aggressive Driving and Reduce Speed (RADARS) Program Bicycle and pedestrian safety campaign Local law enforcement; OCTA; SCAG SCAG’s ‘Go Human’ Campaign; ‘ OTS’ ‘Ride With Traffic’ campaign Planned educational events at high activity locations Explore safe routes to school education grants to expand program Local school districts; local law enforcement; OCTA; SCAG Safe Routes to School Program, funded by Caltrans Coordinate safety education campaigns with SCAG SCAG; local law enforcement Roadway safety fairs at schools Education campaign for aging drivers EMERGENCY SERVICES Continue to work on interdepartmental communication between City staff and City police department and County fire department Local law enforcement & county fire department Incorporate law enforcement/fire department as stakeholders on transportation improvement projects 38 PROPOSED COUNTERMEASURE POTENTIAL PARTNERS EXAMPLES OF COUNTERMEASURE Incorporate public health agencies and fire departments as stakeholders in safety projects Local public health agencies and county fire departments Adjust safety project development processes to include public health and fire department feedback EMERGING TECHNOLOGY Continue to use best practices for pedestrian crossings at high pedestrian traffic areas City Public Works; OCTA; Caltrans Continuously update pedestrian crossing design standards in accordance with latest best practices Utilize new data sources to monitor traffic conditions and inform County safety plans City Public Works; OCTA; Caltrans Utilization of data from OCTA traffic management center SEAL BEACH LRSP 2022 39 10 Evaluation & Implementation 10.1 Evaluation The success of the LRSP will be evaluated using the preliminary process outlined below. This process will be useful to ensure proper implementation of goals and to determine when updates are needed. • Regular progress meetings will be conducted to track the implementation of the plan. In addition, the success of the plan will be evaluated on an annual basis. • An update to the plan should be considered after no more than five years. • Continued monitoring and recording of traffic incidents on local roadways by law enforcement. • Maintain a list of focus areas where there are transportation safety concerns. 10.2 Implementation Implementation of the LRSP can be accomplished through several avenues including development of projects, the establishment of new policies and programs, and development/strengthening of relationships with stakeholders. With regard to projects, the following identifies potential focus areas for the City in the near-to- mid-term. Near- & Mid-Term Focus Areas The opportunities identified in this report provide more of the systemic countermeasures that can be applied within the City. Over the next three to five years, it is recommended that the City concentrate its efforts on the emphasis areas: 1. Aging Drivers 2. Impaired Driving 3. Improper Use of Occupant Protection 4. Distracted Driving 5. Aggressive Driving 6. Lane Departure Collisions 7. Bicyclists Analysis conducted at the citywide level indicated that these factors were some of the most frequent influences contributing to collisions within the City. The countermeasure opportunities previously discussed in this report for both systemic and project-specific improvements can be used as a basis for developing projects at locations where addressing these focus areas would be of the most benefit. Projects that address these focused areas can be developed with a high benefit-to-cost ratio (by applying City-wide collision rates), allowing projects to be developed even at sites with little to no direct collision history, but with conditions that might contribute to future collisions. SEAL BEACH LRSP 2022 40 40 10.3 Funding Competitive funding resources are available to assist in the development and implementation of safety projects in Seal Beach. The City should continue to seek available funding and grant opportunities from local, state, and federal resources to accelerate their ability to implement safety improvements throughout Seal Beach. The following is a high-level introduction into some of the main funding programs and grants for which the City can apply. The City should also work with regional agencies such as OCTA and SCAG to identify and apply for safety improvement funding. 10.3.1 Highway Safety Improvement Program The Highway Safety Improvement Program (HSIP) is a Federal program housed under Fixing America’s Surface Transportation (FAST) Act. This program apportions funding as a lump sum for each state, which is then divided among apportioned programs. These flexible funds can be used for projects to preserve or improve safety conditions and performance on any Federal-aid highway, bridge projects on any public road, facilities for non-motorized transportation, and other project types. Example safety improvement projects eligible for this funding include: • New or upgraded traffic signals • Upgraded guard rails • Pedestrian warning flashing beacons • Marked crosswalks California’s local HSIP focuses on infrastructure projects with national recognized crash reduction factors. Normally HSIP call-for-projects is made at an interval of one to two years. The applicant must be a city, a county, or a tribal government federally recognized within the State of California. Additional information regarding this program at the Federal level can be found online at: https://safety.fhwa.dot.gov/hsip/. California specific HSIP information – including dates for upcoming call for projects - can be found at: http://www.dot.ca.gov/hq/LocalPrograms/hsip.html. 10.3.2 Caltrans Active Transportation Program Caltrans Active Transportation Program (ATP) is a statewide funding program, created in 2013, consolidating several federal and state programs. The ATP funds projects that encourage increased mode share for walking and bicycling, improve mobility and safety for non-motorized users, enhance public health, and decrease greenhouse gas emissions. Projects eligible for this funding include: • Bicycle and pedestrian infrastructure projects • Bicycle and pedestrian planning projects (e.g. safe routes to school) • Non-infrastructure programs (education and enforcement) This program funding is provided annually. The ATP call for projects typically comes out in the spring. Information on this program and cycles can be found online at: http://www.dot.ca.gov/hq/LocalPrograms/atp/ SEAL BEACH LRSP 2022 41 41 10.3.3 State Transportation Improvement Program The State Transportation Improvement Program (STIP) provides state and federal gas tax money for improvements both on and off the state highway system. STIP programming occurs every two years. The programming cycle begins with the release of a proposed fund estimate, followed by California Transportation Commission (CTC) adoption of the fund estimate. The fund estimate serves to identify the amount of new funds available for the programming of transportation projects. Once the fund estimate is adopted, Caltrans and the regional planning agencies prepare transportation improvement plans for submittal. Caltrans prepares the Interregional Transportation Improvement Program (ITIP) using Interregional Improvement Program (IIP) funds, and regional agencies prepare Regional Transportation Improvement Programs (RTIPs) using Regional Improvement Program (RIP) funds. The STIP is then adopted by the CTC. 10.3.4 California Senate Bill 1 (SB 1) SB 1 is a landmark transportation investment to rebuild California by fixing neighborhood streets, freeways and bridges in communities across California and targeting funds toward transit and congested trade and commute corridor improvements. California’s state-maintained transportation infrastructure will receive roughly half of SB 1 revenue: $26 billion. The other half will go to local roads, transit agencies and an expansion of the state’s growing network of pedestrian and cycle routes. Each year, this new funding will be used to tackle deferred maintenance needs both on the state highway system and the local road system, including: • Bike and Pedestrian Projects: $100 million o This will go to cities, counties and regional transportation agencies to build or convert more bike paths, crosswalks and sidewalks. It is a significant increase in funding for these projects through the Active Transportation Program (ATP). • Local Planning Grants: $25 million 10.3.5 California Office of Traffic Safety (OTS) Grants This program has funding for projects related to traffic safety, including transportation safety education and encouragement activities. Grants applications must be supported by local crash data (such as the data analyzed in this report) and must relate to the following priority program areas: • Alcohol Impaired Driving • Distracted Driving • Drug-Impaired Emergency Medical Services • Motorcycle Safety • Occupant Protection • Pedestrian and Bicycle Safety • Police Traffic Services • Public Relations, Advertising, and Marketing Program • Roadway Safety and Traffic Records SEAL BEACH LRSP 2022 42 42 10.3.6 SCAG Sustainable Communities Program (SCP) This program is an innovative vehicle for promoting local jurisdictional efforts to test local planning tools. The SCP provides direct technical assistance to SCAG member jurisdictions to complete planning and policy efforts to implement the regional Sustainable Communities Strategies (SCS). Grants are available in the following three categories: • Integrated Land Use o Sustainable Land Use Planning o Transit Oriented Development (TOD) o Land Use & Transportation Integration • Active Transportation o Bicycle Planning o Pedestrian Planning o Safe Routes to School Plans • Green Region o Natural Resource Plans o Climate Action Plans (CAPs) o Green House Gas (GHG) Reduction programs 10.4 Next Steps The City of Seal Beach has completed this LRSP to guide the process of future transportation safety improvements for years to come. The data-driven analysis process identified collision types, related primary collision factors, and locations of many collisions. Based on this process, Emphasis Areas were developed. These Emphasis Areas will guide corridor improvements, education programs, and capital improvements for the City. Using the analyzed data and outputs from this LRSP, the City has also completed, or plans to complete, the following tasks: • Actively seek other funding opportunities to improve safety for all modal users • Collaborate with established safety partners & neighboring municipalities as improvements are made to create a cohesive transportation network • Iteratively evaluate existing and proposed transportation safety programs and capital improvements to design a safer transportation network in Seal Beach. • Begin designing safety improvements identified in the Case Study sheets contained in this report. The City also plans to have the City Council formally approve and adopt the Local Road Safety Plan (LRSP) in 2022 Based on current Caltrans guidelines, the City will plan to update the LRSP in five years in 2027. SEAL BEACH LRSP 2022 Appendix A: Case Study Sheets Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Pacif i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Legend !Roundabout !Signalized Seal Beach Boundary Case Study Sheet: Location #1 Project Location Description & Maps: Intersection: Westminster Ave & Kitts Hwy Examples of Similar Intersections: Seal Beach Blvd & Apollo Dr Traffic and Geometric Data: Traffic Data Number of Approaches 4 Total Entering Vehicles 38,000 Crosswalk Condition 3 Legs with Pedestrian Timing Control Type Signalized Lighting Yes Highest Posted Speed Limit 50 MPH Median Yes Collision Data Total Collisions 10 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 0 Visible Injury - 3 Top 3 Collision Types Rear-End (80%) Broadside (10%) Other (10%) Total Nighttime Collisions 2 Wet Surface Collisions 1 Drug and Alcohol Related Collisions 1 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 10 0 0 N Victoria St Pomona AveAdditional Notes: • High concentration of rear-ends • Construction on Westminster Ave • Westminster Blvd is a large arterial • 60% of crashes happened in 2016 before the start of the constrution • Bicyclists constrained on this roadway • Entrance to Naval Weapons Station Seal Beach - Security Gate 9 (south leg of intersection) & Security Gate 30 (north leg of intersection) N 2 2 Westminster AveKitts Hwy Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C Bike & Pedestrian Install green paint in bicycle lanes 0.65 (R32PB)$1,390,480 -*-* All Install retroflective backplates on signal heads 0.85 (S02)$595,920 $12,000 49.66 All Install advanced dilemma zone detection system at signals 0.60 (S04)$1,589,120 $60,000 26.48 * There were no bicycle or pedestrian collisions at this location, therefore a benefit could not be calculated for this countermeasure Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Pacifi cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Legend !Roundabout !Signalized Seal Beach Boundary Project Template: Location #2 Project Location Description & Maps: Segment: Seal Beach Bl: Bradbury Rd to Rossmoor Center Way Examples of Similar Segments: Seal Beach Blvd: Plymouth Dr to St Cloud Dr Traffic and Geometric Data: Traffic Data Average Daily Traffic (ADT)37,833 Lighting Yes Highest Posted Speed Limit 40 MPH Collision Data Total Collisions 3 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 0 Visible Injury - 1 Top 3 Collision Types (percentage) Broadside (33.3%) Rear-End (33.3%) Hit Object (33.3%) Total Nighttime Collisions 2 Wet Surface Collisions 0 Drug and Alcohol Related Collisions 0 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 3 0 0 SEGMENT Additional Notes: • Several driveway related crashes • Turning radius on driveway is tight as evident by tire marks on curb • Stop bar is far back on driveway due to pedestrian sidewalk yet reduces sight distance N*Rossmor Center WaySeal Beach Bl NBradbury Road Countermeasure Evaluation Primary Issues Potential Countermeasures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C Turning Radius Increase turning radii of driveways along Seal Beach Bl 0.95 $60,820 $50,000 1.22 Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Pacifi cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Legend !Roundabout !Signalized Seal Beach Boundary Project Template: Location #3 Project Location Description & Maps: Segment: Candleberry Ave: Fuschia St to Marigold St Examples of Similar Segments: Seal Beach Blvd: Plymouth Dr to St Cloud Dr Traffic and Geometric Data: Traffic Data Average Daily Traffic (ADT)1,000 Lighting Yes, south side of road Highest Posted Speed Limit 30 MPH Collision Data Total Collisions 1 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 0 Visible Injury - 0 Collision Type Rear-End Total Nighttime Collisions 1 Wet Surface Collisions 0 Drug and Alcohol Related Collisions 1 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 1 0 0 SEGMENT Additional Notes: • No striping on Candleberry Ave • Candleberry Ave acts a neighborhood collector road to exit the College Park East neighborhood to Lampson Ave • High pedestrian and bicycle traffic • Residential neighborhood N PC Fuchsia StCandleberry Ave NMarigold St Countermeasure Evaluation Primary Issues Potential Countermeasures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Install centerline striping 0.75 (R28)$80,900 $8,000 10.11 All Install edgeline striping 0.75 (R28)$80,900 $8,000 10.11 All Install speed feedback signage 0.85 (NS06)$48,540 $5,000 9.71 Ped & Bike Install bicycle lanes 0.65 (R32PB)$113,260 $25,000 4.53 Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Case Study Sheet: Location #4 Project Location Description & Maps: Intersection: Seal Beach Bl & Westminster Ave Example of Similar Intersection: Seal Beach Blvd & Pacific Coast Highway Traffic and Geometric Data: Traffic Data Number of Approaches 4 Total Entering Vehicles 38,635 Crosswalk Condition All Legs with Pedestrian Timing Control Type Signalized Lighting Yes Highest Posted Speed Limit 50 MPH Median Yes Collision Data Total Collisions 18 Fatal and Injury Collisions Fatal Injury - 2 Severe Injury - 1 Visible Injury - 4 Top 3 Collision Types Hit Object (38.9%) Broadside (27.8%) Rear-End (16.7%) Total Nighttime Collisions 8 Wet Surface Collisions 2 Drug and Alcohol Related Collisions 5 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 17 0 1*2 *2 *N Westminster AveSeal Beach BlvdAdditional Notes: • High concentration of hit object crash type • Busiest intersection in the city • No bus bay which can block vehicles • Curve near intersection causes congestion and sight issues • Bicycle lanes need to be reconfigured on certain approaches • ADA ramps on some corner do not lead to crosswalk; issues for sidewalk bicycle riders • Speed is a large issue at this location N Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Paci f i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GISuser community Legend !Roundabout !Signalized Seal Beach Boundary Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Install bus bay on southern leg of Seal Beach Bl 0.95 $527,280 $150,000 3.52 Bike & Pedestrian Reconfigure bicycle lanes approach 0.95 $28,460 $60,000 0.47 Bike & Pedestrian Retrofit ADA ramps to address current issues 0.95 $527,280 $100,000 5.27 All Install retroflective backplates 0.85 (S02)$1,581,840 $12,000 131.82 All Install additional R3-7 sign (Left Lane Must Turn Left) on north leg median 0.85 (NS06)$1,581,840 $1,500 1054.56 All Install advanced dilemma zone detection system - can address curve visibility 0.60 (S04)$4,218,240 $80,000 52.73 All Install curve advance warning signs (flashing beacons) 0.70 (R25)$3,163,680 $80,000 39.55 All Install dynamic speed warning signage before curve 0.70 (R26)$3,163,680 $100,00 31.64 Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Case Study Sheet: Location #5 Project Location Description & Maps: Intersection: Seal Beach Bl & Golden Rain Rd Examples of Similar Intersections: Seal Beach Blvd & Heron Pointe; Seal Beach Blvd & Rossmoor Way Traffic and Geometric Data: Traffic Data Number of Approaches 3 Total Entering Vehicles 41,690 Crosswalk Condition West side with Pedestrian Timing Control Type Signalized Lighting Yes Highest Posted Speed Limit 50 MPH Median Yes Collision Data Total Collisions 3 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 1 Visible Injury - 0 Top 3 Collision Types Rear-End (66.7%) Broadside (33.3%) Total Nighttime Collisions 2 Wet Surface Collisions 0 Drug and Alcohol Related Collisions 0 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 3 0 0 N Additional Notes: • No crosswalk across Seal Beach Bl • No sidewalk but bike lane along NB Seal Beach Bl • Red light running has been observed here • Confusion by intersection proximity has been observed as well N Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Paci f i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GISuser community Legend !Roundabout !Signalized Seal Beach Boundary 2 Golden Rain Rd Seal Beach Blvd Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Install retroflective backplates on signal 0.85 (S02)$1,411,080 $12,000 117.59 Bike & Pedestrian Install crosswalk across Seal Beach Bl to facilitate bicycle crossings 0.65 (NS21PB)-*$100,000 -* All Install shutters on signal heads to prevent speeding 0.95 $470,360 $100,000 4.70 All Adjust signal timing to address run throughs of signals 0.85(S03)$1,411,080 $8,000 176.39 All Install advanced dilemma zone detection system 0.60 (S04)$3,762,880 $60,000 62.71 *No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot be calculated Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Case Study Sheet: Location #6 Project Location Description & Maps: Intersection: Seal Beach Bl & Bolsa Ave Examples of Similar Intersections: Pacific Coast Highway & Bolsa Ave Traffic and Geometric Data: Traffic Data Number of Approaches 4 Total Entering Vehicles 24,426 Crosswalk Condition 3 yellow crosswalks with pedestrian timing for nearby school Control Type Signalized Lighting Yes Highest Posted Speed Limit 50 MPH Median Yes Collision Data Total Collisions 1 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 0 Visible Injury - 1 Collision Types Head-On (100%) Total Nighttime Collisions 1 Wet Surface Collisions 1 Drug and Alcohol Related Collisions 1 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 1 0 0 N Additional Notes: • Speeding is an issue here • Crosswalk on Westbound leg not present • McGaugh Elementary School is at this location • School crossing signage is far from intersection • Bike lane striping should be updated on Seal Beach Bl N Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Paci f i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GISuser community Legend !Roundabout !Signalized Seal Beach BoundarySeal Beach BlvdBolsa Ave Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Install crosswalk along Westminster leg 5% (4124)-*$100,000 -* Bike & Pedestrian Upgrade bicycle lane striping along Seal Beach Bl 0.65 (R32PB)-*$15,000 -* All Install no right-turn-on-red restriction from Bolsa Ave on WBR movement 0.95 $28,460 $50,000 0.57 All Install lane tracking striping on left turns 0.91 (S09)$56,920 $22,000 2.59 All Install additional through movement signal heads on Bolsa Ave movements 0.95 $28,460 $100,000 0.28 All Evaluate relocation of bus stop on Seal Beach Bl north of Bolsa Ave -varies varies varies *No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot be calculated Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Case Study Sheet: Location #7 Project Location Description & Maps: Intersection: Ocean Ave & Electric Ave Examples of Similar Intersections: 14th St & Electric Ave; Main St & Electric Ave Traffic and Geometric Data: Traffic Data Number of Approaches 5 Total Entering Vehicles 3,250 Crosswalk Condition 4 Legs; none on the southern side Control Type Stop sign Lighting No Highest Posted Speed Limit 30 MPH Median Yes- center refuge Collision Data Total Collisions 2 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 0 Visible Injury - 0 Top 3 Collision Types Vehicle-Pedestrian (100%) Total Nighttime Collisions 2 Wet Surface Collisions 0 Drug and Alcohol Related Collisions 0 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 0 2 0 N Additional Notes: • Two pedestrian collisions • Class I bike lane leading into intersection, but signage and striping can be improved • Many have observed that Class I bike lane is not used often • Multi-leg intersection that causes confusion regarding right-of-way • Landscaping may cause visibility issues N Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Paci f i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GISuser community Legend !Roundabout !Signalized Seal Beach Boundary El e c t r i c A v e Ocean A v e Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Improve signage and striping along bicycle lane 0.90 (S09)$64,720 $22,000 2.94 All Evaluate roundabout at this location varies varies varies varies Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Case Study Sheet: Location #8 Project Location Description & Maps: Intersection: Tulip St & Lampson Ave Examples of Similar Intersections: Healther St & Lampson Ave; Basswood St & Lampson Ave Traffic and Geometric Data: Traffic Data Number of Approaches 4 Total Entering Vehicles 13,651 Crosswalk Condition 3 Crosswalks with Pedestrian Timing; none on the northern side Control Type Signalized Lighting Yes Highest Posted Speed Limit 45 MPH Median No Collision Data Total Collisions 1 Fatal and Injury Collisions Fatal Injury - 1 Severe Injury - 0 Visible Injury - 0 Top 3 Collision Types Broadside (100%) - (0%) - (0%) Total Nighttime Collisions 0 Wet Surface Collisions 0 Drug and Alcohol Related Collisions 0 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 1 0 0 N Additional Notes: • This intersection is shared with Los Alamitos • No injury collisions within Los Alamitos jurisdiction or along frontage road • Fatal broadside collision here • Poor sight distance for NBR movement due to brick wall along Lampson Ave • All-red is one second • Right-turn-on-red allowed here N Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Paci f i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GISuser community Legend !Roundabout !Signalized Seal Beach Boundary Lampson Ave Tulip St Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Install no right-turn-on- red restriction on NBR movement 0.05 $32,360 $10,000 3.24 All Reevaluate signal timing, including all-red phases 0.85 (S03)$97,080 $8,000 12.14 All Install protected phasing on N/S movements 0.45 (S06)$291,240 $75,000 3.88 Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Case Study Sheet: Location #9 Project Location Description & Maps: Intersection: Caravel Way & Marina Dr Examples of Similar Intersections: Ocean Ave & 3rd St; Ocean Ave & 14th St Traffic and Geometric Data: Traffic Data Number of Approaches 3 Total Entering Vehicles 6,130 Crosswalk Condition Two crosswalks, west side and north side Control Type Unsignalized Lighting Yes Highest Posted Speed Limit 30 MPH Median No Collision Data Total Collisions 2 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 0 Visible Injury - 0 Collision Types Broadside (50 %) Sideswipe (50 %) Total Nighttime Collisions 1 Wet Surface Collisions 1 Drug and Alcohol Related Collisions 1 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 2 0 0 N Additional Notes: • Traffic circle like at 4th and Central may work here • Bicycle lane is wide here and may be confusing to drivers • Conflict between SBR and NBL merge/visibility N Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Paci f i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GISuser community Legend !Roundabout !Signalized Seal Beach BoundaryCaravel WayMari n a D r Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Install traffic circle 0.65 (NS05)$226,520 $80,000 2.83 All Install safety lighting at Marina Dr & Caravel Way intersection 0.65 (R01)$226,520 $50,000 4.53 All Install all-way stop 0.50 (NS02)$323,600 $20,000 16.18 Bicycle & Pedestrian Reconfigure bicycle lane striping and signage 0.95 -*$75,000 -* *No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot be calculated Project Name: Seal Beach LRSP Agency Name: Seal Beach Contact Name: Iris Lee Email: ilee@sealbeachca.gov Prepared by: Kimley-Horn Checked by: Jason Melchor Date: April 2022 Case Study Sheet: Location #10 Project Location Description & Maps: Intersection: Marina Drive & Pacific Coast Highway Examples of Similar Intersections: Pacific Coast Highway & 1st St Traffic and Geometric Data: Traffic Data Number of Approaches 3 Total Entering Vehicles 67,800 Crosswalk Condition 1 on the west side Control Type Unsignalized Lighting Yes Highest Posted Speed Limit 40 MPH Median Yes Collision Data Total Collisions 4 Fatal and Injury Collisions Fatal Injury - 0 Severe Injury - 0 Visible Injury - 0 Top 3 Collision Types Broadside (50%) Rear-End (50%) Total Nighttime Collisions 1 Wet Surface Collisions 0 Drug and Alcohol Related Collisions 0 INTERSECTION Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 4 0 0 N Additional Notes: • Sigh distance issues due to curves • Caltrans is planning to put bike lane on PCH • PCH & 8th St crossing is no left-turn N Bolsa AveSealBeachBlvdSealBeachBlvdWestminster Ave L a m p s o n A v e Paci f i cCoast HwyEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GISuser community Legend !Roundabout !Signalized Seal Beach Boundary Pa c i f i c C o a s t H i g h w a y Marina Drive Countermeasure Evaluation Primary Issues Potential Counter- measures Crash Modification Factor (LRSM/CMF ID) 20 Year Safety Benefit Total 20-Year Costs Safety Related B/C All Intersection control evaluation to determine potential changes to geometric configuration, in coordination with Caltrans 0.95 $64,720 $100,000 0.65 All Install median or bollards to prevent left-turns from 8th St onto PCH 0.55 (NS19PB)$582,480 $25,000 23.3 Page 18 of 19 EXHIBIT C SAFE STREETS FOR ALL (SS4A) GRANT AGREEMENT ')K )#) K!)K)K!%K.+)!K,)!+)K! )!K  I0D3K A ))  I0D3K*A "IZ`Q>`2=7N`!=7;H `$IGHVH`2Y==V 2=7N`!=7;H`" ` 4PIS[=`$PVIZ`(< `))5-50$ ` 3(,`,Q` ` $4D;A3KA5K$4D8D?0@24 $B=;VI\=`#7V=`Q>` ]7T<` ` OQPVHU` *JB4KA5K 9D44?4@F &T7PV $DA2GD4?4@FK&4CG4EFK A '22//1 (G1?;FK$0J?4@FK&4CG4EFEK*A 2==`7TXI;N=`  22AG@F;@9K0@3K BBDABD;0F;A@EK0F0         642F;H4K0F4K  EE;EF0@24 2==`,Q ``!=NQ]`;EF;@9EK A  (BA@EAD;@9K"724K 42 `#=R7TXO=PV`Q>`3T7PURQTV7VIQP` %=<=T7N`'IGH]7^` <OIPIUVT7VIQP` .C;=`Q>`27AV^` `,=]`)=TU=^` `\=P[=`2$` '22 `+7IN`#TQR`$ ` 57UHIPGXQP`#"`` *AF0>K ?AG@FK %=<=T7N`2H7T=` ` 1=;IRI=PV`2H9=`` ` .VH=T`%=<=T7N`%[P<U`` ` .VH=T`%[P<U``` 3QV7N`` GF:AD;FJK 2=;VIQP` `Q>`VH=`(PE7UVT[;V[T=`(P\=UVO=PV` 7P<`)Q:U` ;V`/[: `*` `,Q\=O:=T`` `7NUQ`T=ATT=<`VQ`7U`VH=`!JR7TXIU7P` (PE7UVT[;V[T=`*7]`QT`!(*` 434D0>KG@3EK"1>;90F43K  ` $0J?4@FK"724K 2==`7TVI;N=` ` 6`$21    4E2D;BF;A@KA5K$DA=42F 3H=`/TQK=;V`]INN`<=\=NQR`7`27AZ` ;VIQP`/N7P`2 /`VH7V`O==VU`A<=T7N`T=S[IT=O=PVU`VH7V`]INN I<=PVIF`87N^_=`7P<`RTIQTIVI_=`U7AZ`IORTQ\=O=PV`RTQL=;VU`IP`<=RVH`VQ`=NIOIP7V=`VH=`O[NVIV[<=`Q> U=TIQ[U`IPM[TI=U`7P<`@V7NIVI=U`QP`NQ;7N`TQ7<]7^U &$ *K  (;9@0FGD4KA5K$4DEA@K GF:AD<43KFAK(;9@ W[T=` =`)INN`(PGT7O` 3IVN=`"IV^`+7P7G=T` & K- /K  (*& *" K   (;9@0FGD4KA5K 9D44?4@FK"724D 2IGP7V[T=` ,7O=`)7UQP`+QV7N7` 3IVN=` GT==O=PV`.?D;=T`  #7V=` JASON DAVID MOTALA Digitally signed by JASON DAVID MOTALA Date: 2023.07.05 08:42:55 -06'00' DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the [United States Department of Transportation (the "USDOT")] [Federal Highway Administration (the "FHW A") and the City of Seal Beach (the "Recipient"). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the City of Seal Beach Safety Action Plan. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a)In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program," dated February 8, 2023, which is available at https://ww w.transportation.gov/grants/ss4a/grant-agreements. Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b)The Recipient states that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). ( c)The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the [FHWA] the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. 2 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion 02/28/2024 Date: Planned Action Plan Completion Date: 05/30/2024 Planned Action Plan Adoption Date: 06/30/2024 Planned SS4A Final Report Date: 06/30/2024 3.3 Project's Estimated Costs. (a)Eligible Project Costs Eligible Project Costs SS4A Grant Amount: Other Federal Funds:: State Funds: Local Funds: In-Kind Match: Other Funds: Total Eligible Project Cost: (b)Supplemental Estimated Budget Cost Element Federal Share Non-Federal Share Direct Labor $28,000 $7,000 Fringe Benefits $12,000 $3,000 Travel $0.00 $0.00 Equipment $0.00 $0.00 Supplies $0.00 $0.00 Contractual/Consultant $160,000 $40,000 Other $0.00 $0.00 Indirect Costs $0.00 $0.00 Total Budget $200,000 $50,000 4ofl2 $200,000 $0 $0 $50,000 $0 $0 $250,000 Total Budget Amount $35,000 $15,000 $0.00 $0.00 $0.00 $200,000 $0.00 $0.00 $250,000 DRAFT TEMPLATE ; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ARTICLE4 RECIPIENT INFORMATION 4.1 Recipient's Unique Entity Identifier. J2JWJVWQ8EA6 4.2 Recipient Contact(s). Iris Lee Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach CA, 90740-6305 (562)431-2527 ilee@sealbeachca.gov 4.3 Recipient Key Personnel. Name Title or Position Iris Lee Public Works Director 4.4 USDOT Project Contact(s). Darren Thacker Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202)366-6409 darren.thacker@dot.gov and Ashley Cucchiarelli Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 (720)963-3589 ashley.cucchiarelli@dot.gov 5 of 12 � DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 and Agreement Officer's Representative (AOR) Division Administrator USDOT Sacramento, CA 650 Capitol Mall Suite 4-100 Sacramento, CA 95814 California.FHW A@dot.gov and Vince Mammano Agreement Officer's Representative (AOR) Division Administrator FHW A California Division Office 650 Capitol Mall, Ste. 4-100 Sacramento, CA 95814 916-498-5015 Hdaca@dot.gov and Steve Pyburn California Division Office Point of Contact Design Program Manager 650 Capitol Mall, Ste. 4-100 Sacramento, CA 95814 (916)498-5057 Steve.Pyburn@dot.gov ARTICLES USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHW A Office of Acquisition and Grants Management SUBA WARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). 6 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to Action Plan Grants. Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient's submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub­ recipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment) 5.2 Reimbursement Requests (a)The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F .R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b)The Recipient shall use the DELPHI einvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. ( c)The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d)The USDOT shall not reimburse costs unless the Agreement Officer's Representative(the "AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. ( e)The USDOT may waive the requirement that the Recipient use the DELPHI einvoicing System. The Recipient may obtain waiver request forms on the DELPHI einvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the 7 of12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management US Department of Transportation, Office of Financial Management B-30, Room W93-43 l 1200 New Jersey Avenue SE Washington DC 20590-0001 or DOTElectronicinvoicing@dot.gov. If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to: DOT/FAA P.O. Box 268865 Oklahoma City, OK 73125-8865 Attn: Agreement Specialist (f)The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in Article 2. 6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website. 6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.4 There are no other special grant requirements for this award. 8 of 12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1.Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supportin� narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to X project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supportin� narrative below.) The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the suvvortin� narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or imvroved access in the suvvortin� narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the suvvortin� narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2.Supporting Narrative. The City of Seal Beach adopted Resolution No. 1252 on July 22, 1963 that states "The City of Seal Beach, as an employer, does not, has not, and will not discriminate because ofrace, religious creed, color, national origin or ancestry of any person, to refuse to hire or employ him or to bar or to discharge from employment such person or to discriminate 11 of 12 Page 19 of 19 EXHIBIT D FHWA SS4A GRANT GENERAL TERMS AND CONDITIONS Revision 2: August 1, 2023 1 of 30 U.S. DEPARTMENT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM: FHWA PROJECTS Original: February 8, 2023 Revision 1: March 28, 2023 Revision 2: August 1, 2023 2 of 30 Table of Contents Article 7 Purpose.........................................................................................................................6 7.1 Purpose. ................................................................................................................................... 6 Article 8 USDOT Role ................................................................................................................6 8.1 Division of USDOT Responsibilities. ....................................................................................... 6 8.2 USDOT Program Contacts. ...................................................................................................... 7 Article 9 Recipient Role ..............................................................................................................7 9.1 Statements on the Project. ........................................................................................................ 7 9.2 Statements on Authority and Capacity. ..................................................................................... 7 9.3 USDOT Reliance. .................................................................................................................... 8 9.4 Project Delivery. ...................................................................................................................... 8 9.5 Rights and Powers Affecting the Project. .................................................................................. 8 9.6 Notification of Changes to Key Personnel. ............................................................................... 9 Article 10 Award Amount, Obligation, and Time Periods ............................................................9 10.1 Federal Award Amount ............................................................................................................ 9 10.2 Federal Obligations. ................................................................................................................. 9 10.3 Budget Period ........................................................................................................................ 10 10.4 Period of Performance. ........................................................................................................... 10 Article 11 Statement of Work, Schedule, and Budget Changes .................................................. 11 11.1 Notification Requirement. ...................................................................................................... 11 11.2 Statement of Work Changes. .................................................................................................. 11 11.3 Schedule Changes. ................................................................................................................. 11 11.4 Budget Changes. .................................................................................................................... 11 11.5 USDOT Acceptance of Changes. ............................................................................................ 12 Article 12 General Reporting Terms .......................................................................................... 12 12.1 Report Submission. ................................................................................................................ 12 12.2 Alternative Reporting Methods. .............................................................................................. 13 12.3 Paperwork Reduction Act Notice............................................................................................ 13 Article 13 Progress and Financial Reporting .............................................................................. 13 13.1 Quarterly Program Performance Reports. ............................................................................... 13 13.2 Quarterly Financial Status. ..................................................................................................... 13 Article 14 Performance Reporting ............................................................................................. 13 14.1 Baseline Performance Measurement. ...................................................................................... 13 14.2 Section 24112(h) Report......................................................................................................... 14 Article 15 Noncompliance and Remedies .................................................................................. 15 15.1 Noncompliance Determinations. ............................................................................................. 15 15.2 Remedies. .............................................................................................................................. 15 15.3 Other Oversight Entities. ........................................................................................................ 16 Article 16 Agreement Termination ............................................................................................ 16 16.1 USDOT Termination. ............................................................................................................. 16 16.2 Closeout Termination. ............................................................................................................ 17 16.3 Post-Termination Adjustments. .............................................................................................. 17 16.4 Non-Terminating Events. ....................................................................................................... 17 16.5 Other Remedies. ..................................................................................................................... 17 Article 17 Monitoring, Financial Management, Controls, and Records ...................................... 18 17.1 Recipient Monitoring and Record Retention. .......................................................................... 18 17.2 Financial Records and Audits. ................................................................................................ 18 17.3 Internal Controls. ................................................................................................................... 18 3 of 30 17.4 USDOT Record Access. ......................................................................................................... 19 Article 18 Contracting and Subawards....................................................................................... 19 18.1 Build America, Buy America. .............................................................................................. 19 18.2 Small and Disadvantaged Business Requirements. .................................................................. 21 18.3 Engineering and Design Services............................................................................................ 21 18.4 Foreign Market Restrictions. .................................................................................................. 21 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. .. 21 18.6 Recipient Responsibilities For Subawards. ............................................................................. 21 18.7 Subaward and Contract Authorization. ................................................................................... 22 Article 19 Costs, Payments, and Unexpended Funds ................................................................. 22 19.1 Limitation of Federal Award Amount. .................................................................................... 22 19.2 Projects Costs. ........................................................................................................................ 22 19.3 Timing of Project Costs. ......................................................................................................... 22 19.4 Recipient Recovery of Federal Funds. .................................................................................... 22 19.5 Unexpended Federal Funds. ................................................................................................... 22 19.6 Timing of Payments to the Recipient. ..................................................................................... 23 19.7 Payment Method.. .................................................................................................................. 23 19.8 Information Supporting Expenditures ..................................................................................... 23 19.9 Reimbursement Frequency. .................................................................................................... 23 Article 20 Liquidation, Adjustments, and Funds Availability..................................................... 23 20.1 Liquidation of Recipient Obligations. ..................................................................................... 23 Article 21 Agreement Modifications ......................................................................................... 23 21.1 Bilateral Modifications. .......................................................................................................... 23 21.2 Unilateral Contact Modifications. ........................................................................................... 24 21.3 USDOT Unilateral Modifications. .......................................................................................... 24 21.4 Other Modifications. .............................................................................................................. 24 Article 22 Climate Change and Environmental Justice .............................................................. 24 22.1 Climate Change and Environmental Justice. ........................................................................... 24 Article 23 Racial Equity and Barriers to Opportunity ................................................................ 24 23.1 Racial Equity and Barriers to Opportunity. ............................................................................. 24 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements ..... 25 24.1 Uniform Administrative Requirements for Federal Awards..................................................... 25 24.2 Federal Law and Public Policy Requirements. ........................................................................ 25 24.3 Federal Freedom of Information Act....................................................................................... 25 24.4 History of Performance. ......................................................................................................... 25 24.5 Whistleblower Protection. ...................................................................................................... 25 24.6 External Award Terms and Obligations. ................................................................................. 25 24.7 Incorporated Certifications. .................................................................................................... 26 Article 25 Assignment ............................................................................................................... 26 25.1 Assignment Prohibited. .......................................................................................................... 26 Article 26 Waiver ...................................................................................................................... 26 26.1 Waivers. ................................................................................................................................. 26 Article 27 Additional Terms and Conditions ............................................................................. 27 27.1 Effect of Action Plan or Implementation Plan. ........................................................................ 27 27.2 Disclaimer of Federal Liability. .............................................................................................. 27 27.3 Environmental Review ........................................................................................................... 27 27.4 Railroad Coordination. ........................................................................................................... 28 27.5 Relocation and Real Property Acquisition. ............................................................................. 28 27.6 Equipment Disposition. .......................................................................................................... 29 Article 28 Mandatory Award Information ................................................................................. 29 4 of 30 28.1 Information Contained in a Federal Award. ............................................................................ 29 Article 29 Construction and Definitions .................................................................................... 29 29.1 Attachments. .......................................................................................................................... 29 29.2 Exhibits. ................................................................................................................................. 29 29.3 Construction. .......................................................................................................................... 30 29.4 Integration.............................................................................................................................. 30 29.5 Definitions. ............................................................................................................................ 30 Article 30 Agreement Execution and Effective Date .................................................................. 30 30.1 Counterparts. .......................................................................................................................... 30 30.2 Effective Date. ....................................................................................................................... 30 5 of 30 Index of Definitions Administering Operating Administration .....................................................................................7 Environmental Review Entity…………………………………………………………………....25 Federal Share ............................................................................................................................ 11 FHWA ........................................................................................................................................7 NOFO .........................................................................................................................................6 OMB ......................................................................................................................................... 11 Program Statute......................................................................................................................... 28 Project……………………………………………………………………………………………19 Project Closeout ........................................................................................................................ 16 SS4A Grant ............................................................................................................................... 28 USDOT .......................................................................................................................................6 6 of 30 GENERAL TERMS AND CONDITIONS The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) established the Safe Streets and Roads for All (SS4A) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives. The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2022 for the SS4A Discretionary Grant Program (87 Fed. Reg. 31606 (May 24, 2022; subsequently amended in 87 Fed. Reg. 47818 on August 4, 2022). These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2022 SS4A grant program. Articles 1–6 are in the project- specific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through D are project-specific attachments. ARTICLE 7 PURPOSE 7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives: (1) timely completing the Project; and (2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B. ARTICLE 8 USDOT ROLE 8.1 Division of USDOT Responsibilities. (a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program. 7 of 30 (b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA. 8.2 USDOT Program Contacts. FHWA Safe Streets and Roads for All Federal Highway Administration Office of Safety 1200 New Jersey Avenue SE HSA-1, Mail Drop E71-117 Washington, DC 20590 SS4A.FHWA@dot.gov (202) 366-2201 and [enter FHWA Division Office lead point of contact] [enter address] [enter email address] [enter telephone] ARTICLE 9 RECIPIENT ROLE 9.1 Statements on the Project. The Recipient states that: (1) all material statements of fact in the Grant Application were accurate when that application was submitted; and (2) Attachment B documents all material changes in the information contained in that application. 9.2 Statements on Authority and Capacity. The Recipient states that: (1) it has the authority to receive Federal financial assistance under this agreement; (2) It has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable. (3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement; 8 of 30 (4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and (6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient. 9.3 USDOT Reliance. The Recipient acknowledges that: (1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award; (2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO; (3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants. 9.4 Project Delivery. (a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies. (d) The Recipient shall provide access to records as provided at 2 CFR 200.337. 9.5 Rights and Powers Affecting the Project. (a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT. 9 of 30 (b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement. 9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.4 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.3. ARTICLE 10 AWARD AMOUNT, OBLIGATION, AND TIME PERIODS 10.1 Federal Award Amount. The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in Section 2.2 as the SS4A Grant Amount. 10.2 Federal Obligations. This agreement obligates for the budget period listed in section 2.5 of the grant agreement. (a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the project- specific agreement obligates for the budget period the amount listed in section 2.2. as the Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific agreement. (b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” then an amount up to the Grant Amount listed in section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.2(c)– 10.2(f). (c) The Obligation Condition Table in section 2.3 allocates the Grant among separate portions of the Project for the purpose of the Federal obligation of funds. The scope of each portion of the Project that is identified in that table is described in section 2.3. (d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition. (e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21. (f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project will be obligated if the condition is met not later than the date listed in Section 2.5 of the project-specific agreement. 10 of 30 (g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that: (1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and (2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied. (h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f). (i) Reserved. (j) The Recipient acknowledges that: (1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f); (2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16. 10.3 Budget Period The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 2.5, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1. 10.4 Period of Performance. (a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in Section 2.3. (b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. 11 of 30 ARTICLE 11 STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES 11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.4 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement. 11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1. 11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates: (1) a substantial completion date for the Project or a component of the Project is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed in section 2.4. For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change. 11.4 Budget Changes. (a) The Recipient acknowledges that if the cost of completing the Project increases: (1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and (2) the USDOT will not increase the amount of this award to address any funding shortfall. (b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3: (1) the “Non-Federal Funds” amount decreases; or (2) the “Total Eligible Project Cost” amount decreases. 12 of 30 (c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs. (e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section 11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then: (1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs; and (2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project. In this agreement, “Federal Share” means the sum of the “SS4A Action Plan or Implementation Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3. (f) The Recipient acknowledges that amounts that are required to be refunded under section 11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999). 11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1. ARTICLE 12 GENERAL REPORTING TERMS 12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.4. Reports will be added to a central repository maintained by FHWA. 13 of 30 12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA. 12.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2125-0675. ARTICLE 13 PROGRESS AND FINANCIAL REPORTING 13.1 Quarterly Program Performance Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report in the format and with the content described in Exhibit C (SF-PPR). If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Project Progress Report in the second calendar year that begins after the date of this agreement. 13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year, the Recipient shall submit a Federal Financial Report using SF-425. ARTICLE 14 PERFORMANCE REPORTING 14.1 Baseline Performance Measurement. If the Designation in Section 2.5 is “Implementation,” then: (1) the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and (2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A. 14 of 30 14.2 Section 24112(h) Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report that describes, consistent with section 24112(g) of BIL: (1) the costs of carrying out the project; (2) the outcomes and benefits that each eligible project generated as identified in the grant application and measured by data to the maximum extent practicable (i.e. number of fatalities and serious injuries that occurred within the limits of the project location); and (3) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets. 14.3 Performance Measurement Information. For each performance measure that is identified in the Performance Measure Table in Attachment A, not later than January 31 of each year that follows a calendar year within the period of performance during which data was collected, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected. 14.4 Performance Reporting Survival. The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance. 14.5 Program Evaluation. As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff. 15 of 30 ARTICLE 15 NONCOMPLIANCE AND REMEDIES 15.1 Noncompliance Determinations. (a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice. (b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may: (1) accept the remedy; (2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance. To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only: (1) after considering the Recipient’s response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed. (d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination. 15.2 Remedies. (a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including: (1) additional conditions on the award; (2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or 16 of 30 (3) any other remedy legally available. (b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice. (c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified. (d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT. (e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999). 15.3 Other Oversight Entities. Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities. ARTICLE 16 AGREEMENT TERMINATION 16.1 USDOT Termination. (a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section 3.2 table (a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; 17 of 30 (3) a substantial completion date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; (4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or, (5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project. (b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT. (c) This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2. (d) The Recipient may request that the USDOT terminate the agreement under this section 16.1. 16.2 Closeout Termination. (a) This agreement terminates on Project Closeout. (b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance. 16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient. 16.4 Non-Terminating Events. (a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement. 16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340. 18 of 30 ARTICLE 17 MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS 17.1 Recipient Monitoring and Record Retention. (a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure: (1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334. 17.2 Financial Records and Audits. (a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project. (b) The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301–200.303, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506. Specifically, the Recipient shall: (1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2022” in the program name; and (2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2022” in column c (“Additional Award Identification”). 17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303. 19 of 30 17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337. ARTICLE 18 CONTRACTING AND SUBAWARDS 18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021) and Office of Management and Budget (OMB) Memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.” Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States. The Recipient shall not use funds provided under this award for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. Inapplicability. The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers. 20 of 30 When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term. A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office. When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america. Definitions “Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. “Domestic content procurement preference” means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Primarily iron or steel” means that the cost of the iron and steel content in the article, material, or supply exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron 21 of 30 or steel components. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign. “Project” means the construction, alteration, maintenance, or repair of infrastructure in the United States. (a) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). (b) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award. 18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”). 18.3 Engineering and Design Services. The Recipient shall award each contract or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under 2 CFR 200.320or an equivalent qualifications-based requirement prescribed for or by the Recipient. 18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award. 18.6 Recipient Responsibilities For Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333. 22 of 30 18.7 Subaward and Contract Authorization. If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement for Action Plan awards. This provision does not apply to the acquisition of supplies, material, equipment or general support services. That approval will be contingent upon a fair and reasonable price determination on the part of the Recipient and the agreement officer’s concurrence on that determination. ARTICLE 19 COSTS, PAYMENTS, AND UNEXPENDED FUNDS 19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount. 19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs. 19.3 Timing of Project Costs. (a) The Recipient shall not charge to this award costs that are incurred after the period of performance. (b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval pre-award costs under 2 C.F.R. 200.458. pre-award costs under 2 C.F.R. 200.458. 19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT. 19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States. 23 of 30 19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost. 19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2. 19.8 Information Supporting Expenditures (a) If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 270 (Request for Advance or Reimbursement), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel. (b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail. 19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then the Recipient shall not request reimbursement more frequently than monthly. ARTICLE 20 LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY 20.1 Liquidation of Recipient Obligations. (a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided. (b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346. ARTICLE 21 AGREEMENT MODIFICATIONS 21.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party 24 of 30 may request to amend, modify, or supplement this agreement by written notice to the other party. 21.2 Unilateral Contact Modifications. (a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to all of the Recipient contacts who are listed in section 4.3. 21.3 USDOT Unilateral Modifications. (a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute. (b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective. 21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void. ARTICLE 22 CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE 22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), Attachment C documents the consideration of climate change and environmental justice impacts of the Project. ARTICLE 23 RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 23.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), Attachment D documents activities related to the Project to improve racial equity and reduce barriers to opportunity. 25 of 30 ARTICLE 24 FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS 24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201. 24.2 Federal Law and Public Policy Requirements. (a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. 24.3 Federal Freedom of Information Act. (a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552. 24.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient. 24.5 Whistleblower Protection. (a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award. (b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce. 24.6 External Award Terms and Obligations. (a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts: (1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; 26 of 30 (2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; (3) 2 C.F.R 175.15(b): Trafficking in Persons; and (4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters. (b) The Recipient shall comply with: (1) 49 C.F.R. part 20: New Restrictions on Lobbying; (2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964; (3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and (4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance). 24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference: (1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying). ARTICLE 25 ASSIGNMENT 25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement. ARTICLE 26 WAIVER 26.1 Waivers. (a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions. 27 of 30 (c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach. ARTICLE 27 ADDITIONAL TERMS AND CONDITIONS 27.1 Effect of Action Plan or Implementation Plan. Based on information that the Recipient provided to the USDOT, including the Technical Application, at indicated in section 2.5, this agreement designates this award as an Action Plan award or a Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing. 27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement. 27.3 Environmental Review (a) In this section, “Environmental Review Entity” means: (1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and (2) for all other cases, the FHWA. (b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until: (1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and (2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete. (c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). 28 of 30 (d) The Recipient acknowledges that: (1) the Environmental Review Entity’s actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and (2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then: (1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or (2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project. 27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way. 27.5 Relocation and Real Property Acquisition. (a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E. (c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. part 24 subpart E. 29 of 30 27.6 Equipment Disposition. (a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313. (c) The Recipient shall ensure compliance with this section 27.6 for all tiers of subawards under this award. ARTICLE 28 MANDATORY AWARD INFORMATION 28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211: (1) the “Federal Award Date” is the date of this agreement, as defined under section 30.2; (2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and (3) this award is not for research and development. ARTICLE 29 CONSTRUCTION AND DEFINITIONS 29.1 Attachments. This agreement includes the following attachments as integral parts: Attachment A Performance Measurement Information Attachment B Changes from Application Attachment C Racial Equity and Barriers to Opportunity Attachment D Climate Change and Environmental Justice Impacts Attachment E Labor and Workforce Attachment F Critical Infrastructure Security and Resilience 29.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 SS4A Grant Program”, dated February 8, 2023, and available at [URL to be inserted when posted online], are part of this agreement. Exhibit A Applicable Federal Laws and Regulations Exhibit B Additional Standard Terms 30 of 30 Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content Exhibit D Form for Subsequent Obligation of Funds 29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1–30, then the provision in articles 1–30 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails. 29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program. 29.5 Definitions. In this agreement, the following definitions apply: “Program Statute” means the BIL section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement, including article 3 and Attachments A–D. “SS4A Grant” means an award of funds that were made available under the NOFO. “Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. ARTICLE 30 AGREEMENT EXECUTION AND EFFECTIVE DATE 30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect. 30.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it. This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it. 37 of 39 2903700 EXHIBIT B Accepted Proposal September 20, 2023 Existing and Proposed Bikeways in the City of Seal Beach Request for Proposals for Safety Action Plan (SAP) City of Seal Beach, CA PREPARED FOR: CITY OF SEAL BEACH Public Works Department 211 Eighth Street Seal Beach, CA 90740 PREPARED BY: MINAGAR & ASSOCIATES, INC. ITS – Traffic/Civil/Electrical Engineering – Transportation Planning – Homeland Security – CEM 23282 Mill Creek Drive, Suite 120 Laguna Hills, CA 92653 Truck Routes in the City of Seal Beach Sample Minagar & Associates, Inc. Signing & Striping Plans Sample Minagar & Associates, Inc.’s Intersection Improvement Map REQUEST FOR PROPOSALS FOR SAFETY ACTION PLAN (SAP) FOR THE CITY OF SEAL BEACH PUBLIC WORKS DEPARMENT PRESENTED TO: CITY OF SEAL BEACH Public Works Department 211 Eighth Street Seal Beach, CA 90740 PREPARED BY: MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS - Transportation Planning - CEM 23282 Mill Creek Drive, Suite 120 Laguna Hills, CA 92653 Tel: (949) 707-1199 SEPTEMBER 20, 2023 MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering – ITS – Transportation Planning & CEM 23282 Mill Creek Road, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Web: www.minagarinc.com 3 Section 1 - Cover Letter September 20, 2023 Ms. Kathryne Cho Deputy Director of Public Works/City Engineer Public Works Department City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Re: Request for Proposals for Safety Action Plan (SAP) in the City of Seal Beach, CA Dear Ms. Cho, On behalf of the Minagar & Associates, Inc. team, I would like to take this opportunity to present to you our proposal for providing a Safety Action Plan (SAP) for the City of Seal Beach, CA. Minagar & Associates, Inc., an “S” corporation, is a Southern California firm based in Laguna Hills, Orange County, CA, with national experience and international exposure. Minagar is greatly experienced with the process of proposing, presenting, and executing traffic/transportation safety improvements, having successfully completed 45+ Safety Plans & Projects, including Local Roadway Safety Plans (LRSP), Federal and State Highway Safety Improvement Program (HSIP), Safe Routes to School (SR2S) and Active Transportation Program (ATP) Projects. Among these include:  City of San Pablo’s Local Roadway Safety Plan (LRSP)  City of Lemoore’s Local Roadway Safety Plan (LRSP)  City of Laguna Niguel’s Review and Approval as a Stakeholder of LRSP  City of Colton’s Review as City Traffic Engineer of Local Roadway Safety Plan (LRSP)  City of Huntington Park’s Local Roadway Safety Plan (LRSP)  City of Guadalupe’s Local Roadway Safety Plan (LRSP)  City of Needles’ Local Roadway Safety Plan (LRSP)  City of Big Bear Lake’s Local Roadway Safety Plan (LRSP)  City of Yucca Valley’s SR2S Engineering and PS&E  City of Burbank’s HSIP Cycle 3 Engineering Services for Verdugo & Keystone  City of Burbank’s HSIP Cycle 4 Engineering Services for Verdugo Ave Bike Lane Extension  City of Coachella’s HSIP-5294 (006) Engineering Services for Citywide Traffic Control & Street Name Sign Upgrade  City of Coachella’s ATP Cycle 1 ST-86 PS&E and Engineering Services for Citywide Active Transportation Program  City of Coachella’s ATP Cycle 2 ST-100 PS&E and Engineering Services for Citywide Active Transportation Program  City of Coachella’s SR2S Cycle 8 PS&E Engineering Services for Citywide Safe Routes to School Improvement Project MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering – ITS – Transportation Planning & CEM 23282 Mill Creek Road, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Web: www.minagarinc.com 4 Since 1993, our firm has completed the following projects: ■ 900+ Nationwide Projects ■ 350+ Traffic and Safety Studies ■ 50+ Parking Studies ■ 25 Citywide Engineering and Traffic Speed Surveys (E&TS) ■ 400+ Traffic Control Plan (TCP), Traffic Signal & ITS Design Projects ■ 1,600+ Signals’ Retiming and Synchronization (951 in Southern, 550 in Northern California 107 in other States) ■ 120+ Plans, Specifications and Estimates (PS&E) Design Projects ■ 40+ ITS (Intelligent Transportation Systems) Design & Deployment Projects ■ 9 multi-year contracts as designated City Traffic Engineer Minagar & Associates, Inc. combines statewide and region-level expertise in traffic management with local responsiveness and knowledge. Fred brings the technical/institutional know-how as a former 24-year-elected Mayor/Mayor Pro Tem/Council Member and appointed Planning Commission Chairman & Commissioner and Traffic Commission Chairman and Commissioner. As the Officer‐in‐Charge, I hereby accept all the terms and conditions outlined in the RFP and attest that the RFP shall be incorporated in its entirety as part of Minagar’s quote. We have all the necessary expertise and staff availabilities to provide the required services for the City of Seal Beach in an efficient and effective manner, and attest that all information submitted in this proposal is true and correct. I affirm that this proposal is valid in its entirety up to 90 days from the date of its submittal. Please feel free to contact me directly with any additional questions you might have at (949) 707- 1199 ext. 2# or via e-mail at minagarf@minagarinc.com. We look forward to the opportunity to work with staff and the local community in developing the City’s Safety Action Plan (SAP). Sincerely, MINAGAR & ASSOCIATES, INC. (a State of California SBE firm) Fred Minagar, MS, RCE, PE, FITE President/Senior Project Manager Section 2 – Table of Contents TABLE OF CONTENTS Section 1 - Cover Letter ........................................................................................................... 3 Section 2 – Table of Contents ................................................................................................. 5 Section 3 – Local Staffing List ................................................................................................ 6 Section 4 – Company Qualifications ...................................................................................... 7 Section 5 – Schedule/Hours ...................................................................................................10 Section 6 – Project Understanding/Scope of Services .........................................................11 Section 7 – References ...........................................................................................................17 Section 8 - Exceptions ............................................................................................................23 Section 9 – Fee Proposal ........................................................................................................23 Section 10 – Contract Signatories .........................................................................................23 Section 11 – DIR Registration/Contractor’s License ............................................................23 Section 12 – Business Entity .................................................................................................23 LIST OF APPENDICES Appendix A: Key Personnel Resumes REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 6 Section 3 – Local Staffing List The foundation of our company’s success is the leadership and expertise of our President, Fred Minagar, MS, RCE, PE, FITE, who has engineered, managed, and administered over 900+ traffic engineering/transportation planning projects in the past 39 years of real-world experience. Fred is the proposed Project Manager and is authorized to negotiate this contract with the City. Additionally, the following Minagar & Associates, Inc. staff members are proposed to provide services for the City of Seal Beach. Full resumes detailing qualifications and past experience of each project team member are provided in Appendix A. Organization Chart MINAGAR & ASSOCIATES, INC. Michelle Nguyen, BSCE, EIT Project Traffic Engineer MINAGAR & ASSOCIATES, INC. Fred Minagar, MS, PE, RCE, FITE Project Manager MINAGAR & ASSOCIATES, INC. Firoz Vohra, MS, TE Project Engineer/Principal Traffic Engineer MINAGAR & ASSOCIATES, INC. Serge Tavour, ASCE Roadway & Intersection Geometry Evaluation MINAGAR & ASSOCIATES, INC. Jenny Tran, BSEE Engineering Assessment & Report Preparation MINAGAR & ASSOCIATES, INC. Arian Abrishami, BSEE, PE, PMP Signal Systems and Electrical Engineer CITY OF SEAL BEACH Ms. Iris Lee Public Works Director Ms. Kathryne Cho, PE Deputy Public Works Director/City Traffic Engineer MINAGAR & ASSOCIATES, INC. Phillip Nguyen, BSCE, ENV SP Assistant Traffic & Transportation Engineer MINAGAR & ASSOCIATES, INC. Nhi Hoang, BSCE Traffic & Transportation Engineering Assistant REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 7 Key Personnel Responsibility and Availability Chart Project Team Members Years of Experience Percent Available (%) Experience and Expertise Project Coordination & Management Safety Data Collection/Analysis Stakeholder Coordination Report Preparation Cost Estimating Specs Fred Minagar, MS, PE, RCE, FITE 39 90       Arian Abrishami, MSEE, PE, PMP 38 70    Firoz Vohra, MS, TE 39 85    Serge Tavour, ASCE 36 90  Jenny Tran, BSEE 4 45  Michelle Nguyen, BSCE 4 65   Phillip Nguyen, BSCE, ENV SP 2 75   Nhi Hoang, BSCE 2 95     Section 4 – Company Qualifications Minagar & Associates, Inc. is an established full-service traffic engineering firm, headquartered in Laguna Hills, CA. Minagar has 30 years of experience and is specialized in the areas of: ■ Traffic Engineering ■ Safety Assessment, LRSP, HSIP, SS4A, SAP ■ Intelligent Transportation Systems (ITS) ■ Traffic Control Plans (TCP) ■ Transportation Planning ■ Municipal Engineering Services ■ Construction Engineering Management (CEM) Since Minagar & Associates, Inc.’s inception in 1993, the firm has completed over 900 traffic engineering projects in 14 counties and 86 cities in the State of California, as well as 17 other states from Hawaii to New York. Our professional traffic services include safety studies, traffic impact analyses, environmental reports, traffic signal design and modification, travel time surveys, radar speed surveys (Engineering and Traffic Survey), civil engineering design, ITS and systems communication PS&E preparation, temporary traffic control (TTC) and work zone plans, Synchro™ and Highway Capacity Manual (HCM) traffic modeling & impact analysis, construction bid & advertisement services, and construction management/inspection services. 2004 - 2017 Irvine, CA Founded in 1993…. Irvine, CA 2017 - Present Laguna Hills, CA REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 8 Over 85% of the Minagar & Associates, Inc.’s projects are from repeat clients and client referrals. The following figures show some of Minagar & Associates, Inc.’s public and private sector clients over the past 30 years. Representative Public Clients Tree Representative Private Sector Clients Tree REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 9 Successfully completed projects include: ■ 900+ Nationwide Projects ■ 350+ Traffic and Safety Studies ■ 50+ Parking Studies ■ 25 Citywide Engineering and Traffic Surveys (E&TS) ■ 9 multi-year contracts as designated City Traffic Engineer for the following public agencies: - City of Rancho Santa Margarita - City of South Pasadena - City of El Monte - City of Baldwin Park - City of Gardena - City of San Bernardino - City of Colton - City of Chino Hills - City of Beaumont ■ 25 EIS/EIR Projects ■ 25 Traffic Control Plans (TCP) ■ 120+ Traffic Signal Operations Studies & Traffic Impact Analyses (TIA) ■ 1,600+ Synchronized & Retimed Signals and System Evaluations ■ 80 Plans, Specification & Estimates (PS&E) ■ 40+ ITS Projects Minagar & Associates, Inc. is also the recipient of several local, regional, state and national awards in traffic signal timing and ITS. Recent notable awards include: ■ Orange County Engineering Council’s (OCEC) 2019 Outstanding Engineering Services Award ■ ASCE’s 2016 Outstanding Civil Engineer in the Private Sector in the State of California Award ■ ASCE Los Angeles Section’s Outstanding Civil Engineer in the Private Sector Award ■ ASCE Orange County’s 2016 Outstanding Civil Engineer in Private Sector Award ■ Orange County Engineering Council’s (OCEC) 2016 Outstanding Engineering Services Award ■ Cal-EPA/California Air Resource Board’s Cool California Climate Leader Award (2012) ■ ASCE’s Outstanding Private Sector Civil Engineering Project in Metropolitan Los Angeles ■ L.A. County Metro’s Award of Excellence for three separate years ■ Caltrans’ Excellence in Transportation Award in the State of California ■ ASCE’s Outstanding Public/Private Sector Civil Engineering Project in Metropolitan L.A. ■ APWA's Best Traffic Congestion Mitigation Project of the Year in Southern California ■ PTI’s Best Transportation Technology Solutions Award in the United States ■ ITS-CA’s Best Return on Investment Project Award in the State of California REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 10 Section 5 – Schedule/Hours The proposed project schedule is shown below. This schedule is subject to change until its finalization at the kick-off meeting. Minagar is committed to completing and submitting the Final SAP to the City of Seal Beach within nine (9) months following the City’s Notice- to-Proceed. The total hours to perform this project from NTP to the completion shall be 1,241 hours based upon the following allocations: 106, 201, 141, 143, 177, 402 & 71 hours for the tasks 1 -7 respectively. Year Month NTP = Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 1W 1W 1W 1W 1W 1W 1W 1W 1W 2  3 1W 1W 1W 1W 4 5   6  7  1 W: Within 1 Week Milestone Deliverable 6W 3W 3W 4W 4W 4W Provide Required Information/Documentation 6W 4W 2024 Project Management Engagement and Collaboration Safety Analysis Policy and Process Changes Strategy & Project Selections Development of Final SAP * Tentative NTP Date Data Analysis Mar Apr May Jun JulFebTask Description Nov Dec Jan 2023 Kick-Off Meeting Progress Meetings (Tentative) Data Collection Prepare List of High-Risk Locations Community Workshop (Tentative) Review Existing Resources Field Reviews Stakeholder Meetings (Tentative) Preliminary SAP (65%) Draft SAP (90%) Closeout Final SAP (100%) REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 11 Section 6 – Project Understanding/Scope of Services Task 1: Project Management Minagar & Associates, Inc. will initiate the project with a kick-off meeting with City staff to finalize the schedule and confirm project goals, objectives, and budget. Additional progress meetings with City staff can follow on a biweekly or monthly basis, as preferred by City staff. Minagar & Associates, Inc. is a local firm conveniently headquartered in Laguna Hills, Orange County, CA, and is open to both in-person and virtual progress meetings depending on the City’s preference and convenience. As requested in the RFP, Minagar & Associates, Inc. will lead three (3) stakeholder meetings, one (1) community workshop, and one (1) presentation to City Council at a minimum. DELIVERABLES: Meeting Agendas and Minutes Presentation Materials (If needed) Task 2: Safety Analysis Minagar will review the City’s current Local Roadway Safety Plan to become familiarized with existing safety concerns and proposed improvements. While collision data from the City’s existing Local Roadway Safety Plan, dated May 2022, only covers up to December 31, 2019, Minagar & Associates, Inc. City of Seal Beach’s LRSP’s Recommended Safety Projects REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 12 has collected the additional data from January 1, 2020, to December 31, 2022. This updated data is summarized in the figures on the following pages. LEGEND Crash Location City Limits Crash Locations in the City of Seal Beach Jan. 1, 2020 – Dec. 31, 2022 283 Crashes REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 13 Number of Crashes in the City of Seal Beach by PCF Violation Jan. 1, 2020 – Dec. 31, 2022 283 Crashes Based on the most recent data as well as existing data and historical trends, Minagar will analyze safety needs and identify any additional priority locations for improvements. According to the figures, since unsafe speed and improper turning appear to be the two greatest causes for crashes, the proposed safety improvements may have an emphasis on safe speed and turning. DELIVERABLES: High-Risk Locations for Improvements Task 3: Engagement and Collaboration Minagar will identify, communicate, and collaborate with various stakeholders in the development of the SAP to receive accurate input and feedback from educational, transportation, and safety perspectives. A tentative list of stakeholders is provided below: • Orange County Transportation Authority (OCTA) • Seal Beach Police Department • Orange County Sheriff’s Department • Orange County Fire Department • Los Alamitos Unified School District • Naval Weapons Station Seal Beach • Caltrans • Golden Rain Foundation REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 14 Stakeholders will be invited to up to three (3) meetings to collaborate on the development of the SAP. These meetings may be in-person or virtual depending on the City’s preference. Additionally, Minagar & Associates, Inc. will organize and hold one (1) community workshop in an interactive format to receive insight and input from City residents on traffic safety issues. An emphasis on receiving input from disadvantaged communities will assist in a selection of wide-benefitting safety improvements. DELIVERABLES: Meeting Agendas and Minutes for Up to Three (3) Meetings One (1) Community Workshop Task 4: Policy and Process Changes Minagar will review the City’s current LRSP and all related planning documents, policies, programs, and standards, as well as other local safety improvement standards and efforts, to establish a firm understanding of the standards to abide by and the level of quality and detail to be provided through the proposed safety improvements for the City. These include, but are not limited to: • City of Seal Beach General Plan • City of Seal Beach 2021 Standard Drawings • Orange County Public Works’ Active Transportation Plan (ATP) • Orange County’s Traffic Manual (2007) • OCTA’s Safe Routes to School (SR2S) Plan • California Strategic Highway Safety Plan (CHSP) • Caltrans Local Roadway Safety Manual • Caltrans Standard Plans (2022) • FHWA Systemic Safety Project Selection Tool • Local Streets and Road Program (LSRP) REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 15 Task 5: Strategy and Project Selections Minagar & Associates, Inc. will collaborate with the City of Seal Beach and project stakeholders to identify emphasis areas and establish traffic safety goals and strategies. Minagar staff will conduct a field review and perform a records search to observe roadway conditions and note any deficiencies. Features such as bicycle/pedestrian/vehicle conflict zones, speed limits, and truck routes will be noted. A 4k drone may be used during the field review for optimal field reconnaissance, observation of conditions, and recording of existing inventory. This research will be incorporated into the 65% preliminary SAP. Existing Truck Routes in the City of Seal Beach Source: Seal Beach General Plan Existing and Proposed Bicycle Facilities in Planning Area 4 in the City of Seal Beach Source: Seal Beach General Plan REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 16 Subsequently, Minagar will establish objectives and goals for the 90% draft SAP. The draft will include a list of projects, programs, and strategies for safety improvement, explain the prioritization criteria used, and divide proposed interventions into infrastructure, behavioral, and operational safety improvements. The draft will also include conceptual drawings and cost estimates for the recommended projects. All contents of the draft SAP will abide by the FHWA’s Safe Streets for All (SS4A) guidelines. DELIVERABLES: List of Proposed Safety Improvement Projects Preliminary SAP (65%) Draft SAP (90%) Task 6: Development of Final SAP Following the submittal of the draft SAP, Minagar staff will meet with City of Seal Beach staff to review the draft plan. All city comments and input will then be incorporated into the final SAP. At a minimum, the SAP will document the proposed safety projects, their respective cost estimates, and an evaluation of the most probable and prioritized safety projects for the City. The prioritized list will take into account the cost of each and the potential benefits. Following the submittal of the final SAP, Minagar will also lead a presentation to the City Council detailing the research, findings, and outcomes of the SAP. DELIVERABLES: Final SAP (Signed and Stamped) One (1) Presentation to City Council Task 7: Closeout Minagar will submit any information or documentation requested by the City, such as the value of work performed by minority and DBE subconsultants on the project. The Final SAP will be signed and stamped by a current California-registered Civil and/or Traffic Engineer in the State of California, and electronic copies of the SAP will be provided to the City. DELIVERABLES: Any Required Documentation Minagar & Associates, Inc.’s Intersection Improvement Map for the City of Huntington Beach’s LRSP REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 17 Section 7 – References Minagar & Associates, Inc. has prepared Safety Plans for the following agencies within the last 5 years. 1. CITY OF GUADALUPE, CA (Preparation of 2021 LRSP Plan): City of Guadalupe, 918 Obispo St., Guadalupe, CA 93434 Ms. Shannon Sweeny, Public Works Director/City Engineer E-mail: ssweeney@ci.guadalupe.ca.us Tel: (805) 356-3910 2. CITY OF HUNTINGTON PARK, CA (Preparation of 2021 LRSP Plan): City of Huntington Park, 6550 Miles Avenue, Huntington Park CA 90255 Mr. Cesar Roldan, Director of Public Works E-mail: croldan@hpca.gov Tel: (323) 584-6320 3. CITY OF NEEDLES, CA (Has been serving the City of Needles since 2022): City of Needles, 817 Third Street, Needles, CA 92363 Ms. Rainie Torrance, Project Manager E-mail: rtorrance@cityofneedles.com Tel: (760) 326-5700 X140 4. CITY OF LEMOORE, CA (Prepared the City of Lemoore’s Safety Plan in 2022): City of Lemoore, 711 West Cinnamon, Lemoore Drive, CA 93245 Mr. Randon Reeder, Management Analyst E-mail: rreeder@lemoore.com Tel: (559) 924-6744, Ext. 737 5. CITY OF SIGNAL HILLS, CA (Prepared the City of Signal Hill’s Safety Plan in 2022& 2023): City of Signal Hills, 2175 Cherry Avenue, Signal Hills, CA 90755 Mr. Patrick Kelley, Project Manager E-mail: kelley@cityofsignalhill.org Tel: (562)1989-7361 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 18 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 19 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 20 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 21 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 22 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 23 Section 8 - Exceptions Minagar & Associates, Inc. has reviewed the RFP and standard professional services agreement and has no proposed exceptions or deviations from the information stated. Section 9 – Fee Proposal The fee proposal is submitted separately in a sealed envelope. Section 10 – Contract Signatories Section 11 – DIR Registration/Contractor’s License Section 12 – Business Entity Minagar & Associates, Inc. is an “S” Corporation in the State of California. REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA APPENDIX A Key Personnel Resumes MINAGAR & ASSOCIATES, INC. ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants FRED MINAGAR, MS, RCE, PE EDUCATION • Harvard University, John F. Kennedy School of Government, Cambridge, Massachusetts, Leadership Decision Making, Executive Education Program Diploma • The George Washington University, Washington, D.C., ITS Program Diploma • Pepperdine University School of Law, Malibu, California, Negotiation Skills and Advocacy • St. John’s University, New York, New York, Management Diploma • New York University, New York, New York, Management Practice • University of Cincinnati, Cincinnati, Ohio, M.S. Transportation Engineering • Thesis and Research work with computer analysis at Transportation Research Center of Ohio • University of Louisiana, Lafayette, B.S.C.E. Civil Engineering REGISTRATION • NATIONAL:  National Council of Examiners for Engineering & Surveying, No. 9112 • STATE:  California: Registered Civil Engineering. No. C053466  New Jersey: Registered Professional Engineer. No. GE33090 EXPERIENCE • 38 Years of Professional Public & Private Consulting Experience • Engineered, Managed & Administered Over 100 ITS and 800 Traffic/Civil/Electrical Engineering, Transportation Planning Projects in Over 17 States EXPERTISE • Traffic Safety, LRSP, HSIP, ATP, SRTS, SR2S, E&TS (Federal & State) • Intelligent Transportation System (ITS); ATMS, ATIS, System Communications • Traffic Engineering, Computer Modeling/Simulation, Signal & Interconnect Design • Transportation Planning, EIR & EIS, TDM, TMP & TSM Special Studies AWARDS/HONORS • Re-Elected to City Council as Mayor & City Council Member in Nov. 2018, Elected to City Council on Nov. 2014. Served as Mayor in 2017 & 2021. Has served as Planning & Traffic and Transportation Commissions Chairman/Commissioner, City of Laguna Niguel, California, 18 years • Winner of the ASCE 2007 Outstanding Public/Private Civil Engineering/ITS Project of the Year for Metro & City of Santa Clarita • Winner of the Best Traffic Congestion Mitigation Award in Los County for the City of Palmdale and Metro’s Ave R Traffic Signal Interconnect & CCTV PS&E Project, 2005 • Recipient of the PTI’s Best Transportation Technology Solutions for Synchronizing 121 Caltrans, County & City Traffic Signals Award in the U. S., 2003 • Awarded the United States Congressional Order of Merit, 2003 & 2006 • Recipient of the 2002 National Leadership Award • Recipient of the CAATS’ 2002 Award of Excellence for Best California Return on Investment Project • Recipient of the Los Angeles County MTA’s Teamwork Award for the Countywide Signal Systems Training Program, 2000 • Re-appointed to Traffic & Transportation Commissioner by the Mayor & Council of the City of Laguna Niguel, California for 1997-1999, 1999-2001, 2001-2003 • Publicity/Public Relations Chairman, 1st Annual Meeting of California Alliance for Advanced Transportation System (CAATS), Newport Beach, 1995 • Certificates of Appreciation, Western ITE Newsletter Technical Editor, 1990-1994 • Recipient of 1990 ITE International Award, Orlando, Florida, USA • Recipient of 1989 ITE International Award, San Diego California, USA • Recipient of 1988 ITE International Award, Vancouver, Canada • Certificate of Appreciation, ITE Metropolitan Section of New York & New Jersey, 1987 and 1989 • Founded and Organized ITE Student Chapter at University of Cincinnati, 1984 • The Southwestern Award of Merit, 1981 • Outstanding Young Man of America for 1982 MINAGAR & ASSOCIATES, INC. ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants FRED MINAGAR, MS, RCE, PE, FITE Page 2 SYNOPSIS of PROFESSIONAL EXPERIENCE: Traffic Safety/LRSP/HSIP/ATP/SRTS/Civil/Traffic Engineering & Transportation Planning • City of Huntington Park’s Citywide LRSP (Local Roadway Safety Plan),Huntington Park, Los Angeles County, CA • City of Guadalupe’s Citywide LRSP (Local Roadway Safety Plan), Guadalupe, Santa Barbara County, CA • City of Needles’ Citywide LRSP (Local Roadway Safety Plan), Needles, San Bernardino County, CA • City of Big Bear Lake’s Citywide LRSP (Local Roadway Safety Plan), Big Bear Lake, San Bernardino County, CA • City of Colton’s Citywide LRSP (Local Roadway Safety Plan) Review, Colton, San Bernardino County, CA • City of Laguna Niguel’s Citywide LRSP (Local Roadway Safety Plan) Review, LN, Orange County, CA • City of Signal Hill’s Citywide LRSP (Local Roadway Safety Plan) Review, Signal Hill, Los Angeles County, CA • City of Lemoore’s Citywide LRSP (Local Roadway Safety Plan) Review, Lemoore, Kings County, CA • City of La Puente’s Citywide Street Name Sign, Traffic Control Devices Inventory & LSRP, La Puente, CA • City of South Gate’s Citywide Parking Space Asset Inventory and Study, South Gate, CA • City of Burbank’s HSIP Cycle 3 Engineering Services for Verdugo & Keystone, Burbank, CA • City of Burbank’s HSIP Cycle 4 Engineering Services for Verdugo Bike Lane Extension, Burbank, CA • City of Coachella’s HSIP-5294 (006) Engineering Services for Citywide Traffic Control & Street Name Sign Upgrade, Coachella, CA • City of Coachella’s ATP Cycle 1 ST-86 PS&E & Engineering Services for Citywide Active Transportation Plan • City of Coachella’s ATP Cycle 2 ST-100 PS&E & Engineering Services for Citywide Active Transportation Plan • City of Coachella’s SR2S Cycle 8 PS&E Engineering Services for Citywide Safe Route To School Improvement • Los Angeles County MTA’s Interstate 210 Freeway Truck Origin-Destination Study, LA, CA • Los Angeles County MTA’s Evaluation of the Santa Monica Freeway/Smart Corridor, L.A., CA • Los Angeles County MTA’s Evaluation of RSTI Projects, Evaluated 10 Major Projects, Los Angeles County, CA • Los Angeles County MTA’s State Routes 57 & 60 Interchange Improvements Feasibility Traffic Study • Los Angeles County MTA’s Countywide Traffic Signal Operation and Maintenance Training Workshops • Identification of Funding, STIP & CIP Programs for Metrolink Commuter Rail System, Southern CA • Metrolink’s Traffic Engineering Analysis of the New Maintenance Facility Design Requirements for a New Access Road for SCRRA, Los Angeles, CA • Metrolink’s Traffic Engineering and Cost Estimating for local Street Improvement near San Bernardino and Upland Train Stations for SCRRA, Southern CA • Metrolink Commuter Rail System’s Traffic Engineering Design & Study Reports for Chatsworth Train Station and Lassen Grade Crossing for SCRRA, Southern CA • Los Angeles World Airport-Palmdale Airport Master Plan, Transportation Planning & Computer Modeling Utilizing TRANPLAN & EMME II Computer Models • Massachusetts Bay Transit Authority’s Red Line Subway Systems Computer Modeling, Boston, Beacon Hill and Cambridge, MA • City of Palmdale’s Traffic Impact Fee Assessment a Traffic Model Using TRANPLAN Model, Palmdale, CA • Rote 24 Extension Traffic Study Utilizing UTPS Computer Model, Morristown, NJ • North Carolina State University Campus Expansion Traffic Study, Raleigh, North Carolina • Consultant to FHWA/NAHSC on AHS O&M Components & Institutional Constraints • Consultant to FHWA/NAHSC on AHS Outreach Program, Conducting Focus Group Meeting in Boston, MA, Denver, CO & Washington, D.C. • Southern California ITS Deployment Plan for Caltrans District 7, Los Angeles, California • Caltrans TSM Grant Application Preparation for the City of Oceanside, California • City of Sacramento’s Arden/Arcade Local Area Transportation Study TSM & Traffic Op Studies, Sacramento, CA • Governor’s Island Ferry Stacking TSM Project - U.S. Coast Guard. Manhattan, New York City • TMP Preparation Including Reg. XV Implementation for the U.S. Army Depot. Sacramento, CA • Wal-Mart Traffic and Parking Impact Study, Santa Clarita, California • 720 Paularino Parking Study, Variance, and CUP Application for the City of Costa Mesa, CA • Rye Canyon Business Park, 3 million SF North South Campus Traffic Parking Impact Studies, Santa Clarita, CA • Truck Route Feasibility Study for Vulcan Materials Plant in Irwindale for City of Baldwin Park, CA • Los Angeles Grand Sports Arena Traffic Engineering Feasibility Study for a Private Developer,Downtown LA, CA • Caltrans AB-680 Highway 118-126 Toll Road, Los Angeles and Ventura Counties, CA • Denver W-470 Toll Revenue Study for Engineer 470 Partnership, Denver, Colorado • New Jersey Turnpike Widening Transportation & Toll Plaza Study for the NJ Turnpike Authority • Port of San Diego B-Street Pier Alignment, Traffic Engrg Study for a New Cruise Ship Terminal, San Diego, CA MINAGAR & ASSOCIATES, INC. ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants FRED MINAGAR, MS, RCE, PE, FITE Page 3 SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED: Intelligent Transportation System (ITS) • Caltrans State Route 66 Adaptive Traffic Control Systems, CCTV & Fiber Optic PS&E • Palmdale’s Ave. R Traffic Signal Interconnect & CCTV Design for the City of Palmdale & Metro • Upgrade of Calabasas Regional Transportation Operations Center & Las Virgenes Corridor Interconnect PS & E • Santa Clarita’s Intelligent Transportation Management Systems Project, Preparation of PS&E for 22 CCTV’s, 3 CMS, TOC Design Modification & Fiber Optic Design • Santa Clarita’s Thoroughfare Signal Interconnect PS&E for 30 miles along 22 Corridors & Traffic Signal Synchronization of 93 City, LA County & Caltrans Locations • Los Angeles County MTA Trainer, Systems Communications, Video Surveillance & Video Detection, Bus Signal Priority, CtNet & QuicNet Systems & Signal Timing, Workshops, 1999-2005 • FHWA Trainer, Freeway Surveillance & Control Training Workshops • Los Angeles County MTA’s Santa Monica Freeway “Smart Corridor” Evaluation of ITS, Operational, Environmental & Energy Components for FHWA, Caltrans D7, Cities of LA, Beverly Hills, Culver City & Santa Monica • City of Temecula ITS Deployment: TOC, Systems Communications & Fiber Optic Design for the City & Caltrans District 8 • City of Temecula Interconnect Design: Preparing PS & E Package • City of Modesto’s CCTV Expansion of 13 New Cameras for the City and Caltrans District 10 • Modesto CCTV & Ceres ATMS Design and Implementation Project, Northern California • City of Ceres’ CCTV Expansion of 3 New Camera the City and Caltrans District 10 • City of Modesto’s 121 Traffic Signal Synchronization for the City and Caltrans District 10 • Consultant to FHWA/NAHSC on AHS Operational & Maintenance Components & Institutional Constraints • Consultant to FHWA/NAHSC on AHS Outreach Program. Conducting Focus Group Meeting in Boston, MA, Denver, CO & Washington, D.C. • Southern California ITS Deployment Plan for Caltrans District 7. Los Angeles, California • 20-Mile Extension of $90 Million I-95 HOV/TSM, Washington, D.C. • Santa Monica Freeway (Interstate 10) ITS/CCTV and Fiber Optic Network for Caltrans District 7. Los Angeles, California • Los Angeles County MTA’s Evaluation of Regional Surface Transportation Improvement Projects for 8 Agencies • Interstate 5 & 405 Confluence “El Toro Y” TSM & Construction Engineering Management, Caltrans District 12. Orange County, California • Caltrans TSM Grant Application Preparation for the City of Oceanside, California • City of Sacramento’s Arden/Arcade Local Area Transportation Study TSM & Traffic Operations Studies. Sacramento, California • Governor’s Island Ferry Stacking TSM Project for the U.S. Coast Guard. Manhattan, New York City • Traffic Signal Computerization. Design Implementation, Installation, Fine Tuning & Training City’s Staff for 98 Intersection. City of Modesto, Northern California • Traffic Signal Computerization. Design Implementation, Installation for 17 Intersections. City of Ceres, Northern California • Traffic Signal Computerization. Design Implementation, Installation, Fine Tuning & Training City’s Staff for 16 Intersections. City of Baldwin Park, California • ITS, Traffic Signal Computerization & Support On-call Services. City of Palmdale, California • TMP Preparation Including Reg.XV Implementation for the U.S. Army Depot. Sacramento, California • Dulles International Airport Access Road. Ramp Metering Feasibility to E.B. I-66, Northern Virginia • City of Temecula’s Red Light Camera System Evaluation • City of Santa Clarita’s Red Light Camera System Proposal Evaluation MINAGAR & ASSOCIATES, INC. ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants FRED MINAGAR, MS, RCE, PE, FITE Page 4 SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED: Traffic Signal Design/Timing/Coordination/Synchronization • Los Angeles County MTA’s Countywide Traffic Signal Operation and Maintenance Training Workshops • Los Angeles County MTA’s Countywide Traffic Signal Timing Training Workshops • Los Angeles County MTA’s Countywide Video Detection and Surveillance Training Workshops • Los Angeles County MTA’s Countywide Type 170 Controller Training Workshops • Los Angeles County MTA’s Countywide Systems (Data, Video, and Audio) Communications Training Workshops • Los Angeles County MTA’s Countywide Bus Signal Priority, CtNet & QuicNet Systems Training • The Governor’s Go California Project of Adaptive Traffic Signal Control Systems PS & E for SR 66 for Caltrans District 7 • Synchronization of 144 Caltrans & City of Modesto Traffic Signals, Modesto, CA • Synchronizing 72 Downtown Traffic Signals for Caltrans District 10, Stanislaus County & the City of Modesto • Traffic Signal Synchronization, Implementation, and Fine Tuning of 121 Signals for the City of Modesto and Caltrans D-10 • Santa Clarita’s Traffic Signal Synchronization for 38 Locations along 3 major Regional Arterials • City of Modesto Traffic Signal Coordination. Retiming and Upgrade for 98 Locations, City of Modesto, CA • City of Chino Hills Traffic Signal Plan Check Services • City of Palmdale Traffic Signal Coordination. Retiming and Fine-tuning for 22 Locations, City of Palmdale, Southern California • City of Ceres Traffic Signal Coordination & Retiming for 17 Locations, Ceres, Northern California • Newport Boulevard Traffic Signal System Improvement for the City of Costa Mesa, CA • Plan Preparation and Design Utilizing Caltrans Standards and AutoCAD for the City of Lancaster, CA • Burke Lake Road’s Signal. Northern Virginia/Washington, D.C. • Interstate I-95 Service Roads and Local Intersections in Northern Virginia/Wash., D.C. • U.S. Route 27 Traffic Signal Progression, Cincinnati, Ohio • U.S. Route 7 Relocation Study. Signal Design & Capacity Analysis for Connecticut Department of Transportation, Norwalk, Connecticut • Packard/Bambergers Development Traffic Signals Cost Estimating, Hackensack, New Jersey • Virginia Beach’s Traffic Signal Cost Estimating, Virginia Beach, Virginia • Traffic Signal Retiming, Installation and Fine Tuning for the City of Baldwin Park and LA County • Pacific Coast Highway and El Camino Real’s Traffic Signal for the City of San Clemente • Traffic Signal Inspection & Construction Engineering Management for the City of Baldwin Park • Los Angeles County MTA’s Evaluation of RSTI Projects • On-Call Traffic Signal Timing and Design Services for the City of Palmdale • On-Call Traffic Signal Construction Inspection Services for the City of Colton • Preparing PS&E Package for New Signals for the City of San Bernardino • Preparing PS&E for Signal Design Packages for the City of Baldwin Park • Preparing PS&E Packages for Signals in Colton • Consulting Design and PS&E Services for Railroad Pre-emption at Sierra Highway and Avenue P&R for Metrolink and the City of Palmdale • Baldwin Park’s Master Interconnect Design and PS&E for the City • State Route 14 and Avenue S Signal and Striping PS&E Preparation for the City of Palmdale, Los Angeles County, and Caltrans D-7 • Design services for the Interconnect Modification of Avenue R and 5th Street East for the City of Palmdale • Construction Engineering Management for State Route 14 and Avenue S for the City of Palmdale and Caltrans D-7 • Los Angeles County MTA’s Evaluation of the SMART/Santa Monica Freeway ITS Systems MINAGAR & ASSOCIATES, INC. ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants FRED MINAGAR, MS, RCE, PE, FITE Page 5 SYNOPSIS OF PROFESSIONAL EXPERIENCE CONTINUED: Toll Roads/Financial Studies • Caltrans AB-680 Highway 118-126 Toll Road, Los Angeles and Ventura Counties, CA • Denver W-470 Toll Revenue Study for Engineer 470 Partnership, Denver, Colorado • New Jersey Turnpike Widening Transportation and Toll Plaza Study for the New Jersey Turnpike Authority • Identification of Funding, STIP and CIP Programs for Metrolink Commuter Rail System, Southern California Traffic and Parking Impact Studies • City of San Clemente Traffic Control Plans (TCP) for the Vintage Shores Senior Apartments on Camino De Estrella, San Clemente, California • City of San Clemente’s Traffic Signal Plans, Specifications, and Estimates (PS&E) for El Camino Real and Pacific Coast Highway, San Clemente, California • City of San Clemente/Kaufman and Broad Coastal, Villa Pacifica’s Tract 15870 Traffic Signal Plans, Specifications, and Estimates (PS&E), San Clemente, California • Honali Plaza Parking Study, Laguna Hills, California • Wal-Mart Traffic and Parking Impact Study, Santa Clarita, California • 720 Paularino Parking Study, Variance, and CUP Application for the City of Costa Mesa, California • Dodge Dealership Traffic and Parking Study, Lompoc, California • Washington Mutual Bank’s Parking Study and Variance Application for the City of Laguna Hills, California • Rye Canyon Business Park, 3 million SF North and South Campus Traffic and Parking Impact Studies, Santa Clarita, CA • Truck Route Feasibility Study for Vulcan Materials Plant in Irwindale for the City of Baldwin Park, California • City of Huntington Beach Traffic Control Plans (TCP) preparation for the Huntington Beach Central Park Sports Complex, Huntington Beach, California • State Route 55 Fly-over I-5 Freeway Traffic Control Plans and Traffic Management Plan for Caltrans District 12, Santa Ana, California • Los Angeles Grand Sports Arena Traffic Engineering Feasibility Study for a Private Developer near Downtown Los Angeles, California • Calabasas Volvo Dealership Traffic Impact Study, Calabasas, CA • The Gallery Traffic Impact Report, San Clemente, CA • Lockheed Martin Traffic Impact Analysis, Palmdale, CA • Palmdale Airport Plaza Traffic Impact Report, Palmdale, CA • Quartz Hill Traffic & Fee Impact Studies, Palmdale, CA • North San Diego County Future Urbanizing Area Traffic Study, San Diego, CA • Village Shopping Center Traffic Impact Report, San Clemente, CA • Lockheed Martin Aircraft Facility Plant Traffic Study, Palmdale, CA • Serra Catholic School Traffic Impact Report Review, Rancho Santa Margarita, CA • GFW’s Five Power Plants Traffic Impacts in the Bay Area Air Quality Management District, Contra Costa County, CA • Port Liberte (Caven Point) Traffic Impact Study, New York Harbor, NY • Packhard/Bambergers Traffic Impact, Cost Estimating & Alternatives Studies, Hackensack, NY • California Exposition Center Expansion Draft EIR & Traffic Impact Study, Sacramento, CA • Arden-Fair Mall Expansion: Fourth Anchor Tenant Traffic Impact & EIR, Sacramento, CA MINAGAR & ASSOCIATES, INC. ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – Homeland Security - CEM Consultants FRED MINAGAR, MS, RCE, PE, FITE Page 6 SYNOPSIS OF PROFESSIONAL EXPERIENCE CONTINUED: Port Projects • Port of San Diego B-Street Pier Alignment, Traffic Engineering Study for a New Cruise Ship Terminal, San Diego, California • Port of Long Beach’s SCAQMD’s Grant for Air Quality/Emission Control Improvements at Port’s Roadways/Highways, Long Beach, California • Port Liberte (Caven Point) Traffic Impact Study, Jersey City, New Jersey Rail Transit • Metrolink Commuter Rail System’s Traffic Engineering Design & Study Reports for Chatsworth Train Station and Lassen Grade Crossing for southern California Regional Rail Authority (SCRRA), Southern California • Metrolink’s Traffic Engineering Analysis Report and Preliminary Conceptual Design on North Main Street Grade separation over Los Angeles River near Downtown Los Angeles for SCRRA, Southern California • Metrolink’s Traffic Engineering Analysis of the New Maintenance Facility Design Requirements for a New Access Road for SCRRA, Los Angeles, California • Metrolink’s Traffic Engineering and Cost Estimating for local Street Improvement near San Bernardino and Upland Train Stations for SCRRA, California TECHNICAL TRAINING • Revisions to the Air Quality Management Plan (AQMP) Workshop by South Coast Air Quality Management District (SCAQMD), Newport Beach, California • Intelligent Vehicle Highway System (IVHS) Training by ITE, Monterey California • South Coast Air Quality Management District (SCAQMD) TDM/ETC Training and Certification, Santa Ana, California • Business Development, Marketing and Proposal Preparation Training be Raytheon (Formerly EBASCO) • Management and Presentation Seminars by URS Consultant • MinUTP Computer Training by Comsis Corporation and HNTB • Highway Capacity Training by Polytechnic University of New York PUBLICATIONS • Minagar, F. & Baker, D. “IVHS Applications in the United States” Presentation & Technical Paper at the International Conference on Application of New Technology on Transport Systems. Sponsored by Australian Road Research Board Ltd., Melbourne, Australia. • Minagar, F. “Are LOS and V/C Different at Similar Signalized Intersection in the U.S.?” Presented at the 45th ITE District Six Annual Meeting, Anchorage, Alaska. • Minagar, F. and Presleigh, J. “Higher Than Standard Trip Generation Volumes at a Regional Shopping Center in Sacramento, California.” Presented at the 45th ITE District Six Annual Meeting. Anchorage, Alaska. • Technical Editor, Western ITE (the Official Publication of ITE District Six) • Editor & Publisher, Newsletter of ITE Metropolitan Section of New York & New Jersey • Minagar, F. “Automobile Fuel Consumption in Suburban Signalized Routes.” A Thesis Presented to the College of Engineering at the University of Cincinnati. MINAGAR & ASSOCIATES, INC. Civil Engineering-Traffic Engineering-Transportation Planning Consultants FIROZ VOHRA, MS, TE EDUCATION • University of Cincinnati, Cincinnati, Ohio, MSCR in Transportation Engineering • Maharaja Sayajirao University of Baroda, Baroda, India, BSCE in Highway Engineering PROFESSIONAL CAPABILITIES/SUMMARY Firoz Vohra is an experienced traffic engineer with over 34 years of experience. He began his career in the private sector where responsibilities included planning and designing highway alignments, developing traffic demand projections and preparing and analyzing traffic studies. He then moved to the public sector as a City Traffic Engineer for the City of Modesto where he served in that position for 15 years and then served the City as Deputy Director of Public Works for 7 years. The experience and knowledge gained throughout my career presents an invaluable asset to my clients. He is a proven team player with a focus on utilizing his public-service experience to achieve the goals of the clients he serves. PROFESSIONAL EXPERIENCE Senior Traffic Engineer for Minagar & Associates, Inc. Jul 2018 – Present Senior Engineer for the Public Works Transportation Division of Stockton, CA 2010 – 2018 Responsibilities include administering & managing the recently combined Transportation Engineering Division within the Public Works Department. The purpose is to bring Transportation projects to the County by leveraging Federal & State grant funds with Local transportation dollars; improve traffic flow, enhance safety & reduce congestion by prioritizing projects based on roadway capacity & safety. Manager III for the Public Works Engineering Support Division of Modesto, CA 2009 – 2010 Responsible for the Development Services, Community Service Districts, Landscape and Lighting Districts, Encroachment and Transportation Permits, County Surveys, Mapping Services and Traffic Engineering Units. Responsibilities include managing and implementing the workload, people and resources of these units. Provide supervision, attend public meetings, develop projects and perform traffic analysis. Duties also include development and maintenance of Development Design Standards and Master Plan Standards. Produce and process annual engineer reports for Community Service Districts, Landscaping and Lighting Districts. Act as County Project Manager on major projects. Deputy Director for the Public Works Department of Modesto, CA 2002 – 2009 Headed the Streets and Traffic Services Division of the Public Works Department. Reported to Department Director and City Manager. Assumed Acting Director of Public Works role during the Director’s absence. Supervised Streets Engineering, Traffic Engineering/Operation and Street Maintenance staff (52 FTEs). Permanent substitute for the City Manager at the StanCOG Technical Advisory Committee. Regularly briefed the Mayor and Council Members on policy issues prior to all StanCOG policy board meetings and offered recommendations. Chaired the City of Modesto’s Fees Task Force committee. Developed and monitored division budgets (Operating & CIP) and workflow. Secured CMAQ, STP, SR2S grants for capital projects. Developed the ARRA-2009 (Stimulus Package) projects proposal. Developed county-wide MINAGAR & ASSOCIATES, INC. Civil Engineering-Traffic Engineering-Transportation Planning Consultants FIROZ VOHRA, TE PROFESSIONAL EXPERIENCE CONTINUED: Pavement Management System and roadway repair priorities. Developed the SR 99/Pelandale Interchange project concept and led it to PA&ED state through CalTrans District 10. Served on the regional North County Corridor (25 miles long new expressway) project as the Technical Advisory Committee member to the Joint Powers Authority. City Traffic Engineer for the City of Modesto, CA 1987 – 2002 Reported to Department Director and Deputy Director. Supervised the research, analysis and planning of development projects and other transportation studies which ensure safe and efficient traffic flow and mobility while enabling economic development. Have conducted and overseen research and analysis on development projects; planned and organized transportation planning studies; neighborhood traffic planning and analysis; traffic impact reports for development projects; plans, and environmental review. Developed strategies to build –livable communities by creating new streetscapes that provide maximum safety for pedestrians, bicycles and motorists, while keeping travel speeds low and providing optimum access. Developed traffic management strategies and systems to manage the growing traffic demands by employing state-of-the-art technologies. Prepared and presented a variety of reports; developed division’s operating as well as capital improvement budgets. MINAGAR & ASSOCIATES, INC. ITS - Traffic/Civil/Electrical/Mechanical Engineering - Transportation Planning - Homeland Security - CEM ARI ABRISHAMI, BSEE, PE, PMP EDUCATION • San Diego State University, San Diego, CA, BSEE, Computer Software Engineering/ Hardware Engineering (Alumni member of Beta Kappa Nu (Electrical) & Tau Beta Pi Engineering Honor Societies) • San Diego State University, San Diego, CA, Core MS Courses in Telecommunications REGISTRATION • California, Registered Professional Electrical Engineer #14694 • California, Project Management Professional #492168 • California, Contractors License Electrical C-10 #721267 • California, Contractors General Engineering A #721267 • California, Contractors General Building B #721267 • California, Certified General Electrician #141726 • OSHA 30, For Construction Safety, Certified #32-00920905 • HAM Radio and GROL PGGB004108 FRN (#0010904068) EXPERIENCE • 40 Years Professional Public & Private Consulting Experience • Engineered, Managed and Administered over 150 State and Federal Projects including - California Department of Transportation (Caltrans) D-7, D-8, D-12 & HQ’s Fiber Optic/Network/Router/Connectivity/ITS Upgrades - National Security Administration (NSA) in charge of the IT contract for Command and Control Center for the U.S. Courthouse’s Security System, CCTV Cameras (internal & external) EXPERTISE • Electrical Engineering • Computer & Software Engineering • Preparing PS&E, Project Management & Control, Inspection • ITS, ATMS, Fiber Optic, Systems Communications Landline & Wireless • Hirsch/Identify systems hardware access control and intrusion systems training for security agency • EV Charging Station Design, Planning & Procurement • Solar System Design & Planning SOFTWARE • CISCO CCIE classes and lab (wide area network routers, switches) • Courses in OSI (networking protocol) • Microstation (State of CA design software) • Primavera project management software • Seimens Delta V software training for validation, commissioning & operation optimization • Microsoft Office and project • Changeable Message Sign software and programming • Siemens Building Management Systems PROFESSIONAL CAPABILITIES/SUMMARY Has performed in variety of professional roles from project management to design with a deep knowledge of construction requirements. including Project Manager, Design Manager, Project Engineer of multiple Capital Improvement and Maintenance projects; performing professional electrical engineering tasks in preparation of designs, construction plans, specifications, engineering economic and cost analysis studies, project schedules, contracts and reports for electrical systems and equipment, commercial buildings, associated facilities and equipment; security systems, access control and camera systems; conducting quality assurance and safety and functional testing, inspection and research activities; providing technical direction and support in the licensing, design, construction, installation, maintenance, and operation and inspection of a wide variety of electrical systems and intelligent transportation systems MINAGAR & ASSOCIATES, INC. ITS - Traffic/Civil/Electrical/Mechanical Engineering - Transportation Planning - Homeland Security - CEM ARI ABRISHAMI, BSEE, PE, PMP Page 2 SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED: and access and camera control in Security equipment as well as to proven to be a trouble shooter and problem solver in integrated systems. PROFESSIONAL EXPERIENCE Project Management & Engineering Minagar & Associates, Inc. Jan 2010 –Present Performing design, construction and project management for local government projects regarding CCTV; traffic signal systems; intelligent wireless transportation systems (ITS); wide area network (WAN); fiber optics; CAT5e, CAT6 copper connectivity. Traffic management network revamping and cutovers due to upgrades, and associated security systems associated with the command and control centers and its connectivity with the county government and the State TMCs in order to fulfill the Homeland Security criteria set forth for sharing information amongst agencies. State of California, Departments of Transportation and Industrial Relations Jul 1984 – Jan 2010  Caltrans Senior Transportation Electrical Engineer (Supervisory),Traffic Operations Jul 1998 – Jun 2009 Supervised a staff of a dozen office and field engineers (traffic signal operations and design). He was responsible for electrical design and review, operations and inspection of numerous projects for North Los Angeles County and Ventura County; this included lighting systems, traffic signal systems, CCTV and HAR systems and electrical utilities.  Caltrans System Software Specialist, Information Systems Oct 1997 – Jul 1998 Responsible for IT infrastructure to connect 25,000 computers; duties included negotiating contracts with phone companies and DGS which saved more than $1.2M annually; standardized all computers in the Caltrans system, which saved over $1M annually, served as the Technical Advisor in Advanced Wireless Technologies & Advanced ITS Networks while coordinating and providing network troubleshooting remote assistance to IT personnel in the four Caltrans off-site locations.  Caltrans New Technology & Research Program Jul 1996 – Oct 1997 Project Manager/System’s Designer for Intertie for four southern California sites; responsibilities included installation, operation, and maintenance network devices such as wide-area switches, routers, servers, modems, and network management and their communications software. As the Project Manager I was responsible for Fiber Optic intertie wired and wireless; over $40M.  Caltrans Associate Electrical Engineer, Supervisor (Traffic Systems TMC Support) Jul 1989 – Jul 1996 Operated and maintained hardware and software for traffic operations center (TMC); reported wiring, specification review for scopes of work, and obtained MOU funding; served as Project Manager, SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED: Technical Advisor, and Researcher for advanced technology projects (saved more than $3M). He supervised a staff of ten office administration and engineers. Caltrans Electrical Engineer Maintenance and Traffic Systems (TMC Support) / Coronado Bridge Jul 1984 – Jul 1989 Designer and Field Inspector on a variety of transportation projects including highway lighting; ramp metering signals; traffic signals; and highway advisory radios high voltage conversion (5000 to 480) Volt AC for public safety; managed toll collection air monitoring system for toll collectors’ safety and reported results to Head Quarters; ensured devices were calibrated and worked properly. MINAGAR & ASSOCIATES, INC. ITS –Traffic/Civil/Electrical Engineering -Transportation Planning – CEM Consultants SERGE S. TAVOUR EDUCATION • Tehran Institute of Technology, Civil Engineering PROFESSIONAL EXPERIENCE • 26 years of Engineering Land Surveying and Pure Civil Engineering Design LAND SURVEYING EXPERIENCE: Key projects: • Surveying work - Topographic surveys, boundary surveys and staking. • Survey and Street Design – HSIP Federal Project for Verdugo Street, Burbank CA. • Survey and Street Design – HSIP State Project for Verdugo Street Bike Lane Extension, Burbank CA. • Designed Base project survey for Caltrans - Route 66 • Traffic control plans – Modesto, CA. • Prepared plans for numerous traffic signal and traffic control applications, signing and striping • Created plans and profile and design modify curb returns CIVIL DESIGNER EXPERIENCE: Key projects: • Traffic Control Plan – La Habra, Irvine, Laguna Niguel, Brea, Costa Mesa , CA • Street Improvement Plan – Costa Mesa, CA • Water Line – La Habra, CA • Retaining wall- Moulton Parkway • Utility plans- Caltrans I-5 widening project Project Designer Key projects: • Andalucia Apartment Complex – Mission Viejo, CA • Sun City Shopping Center – Sun City, CA • Dos Lagos Golf Course – Corona, CA Project Designer Key projects: • Madison Single Family Housing – Irvine, CA • Whispering Heights Single Family Housing – Riverside, CA • Westborne single family housing – Irvine, CA Project Designer Key projects: • Granada Hills Townhouses – Granada Hills, CA • Housing Tract Project – Riverside, CA • Townhouse Project - Bellflower, CA • Talega Golf Course Driving Range – San Clemente, CA • Royal Cabinets – Pomona, CA • Commercial Warehouse – City of Industry, CA Designed, per contract, specifications for a variety of projects: • Traffic improvement plans • Bike pad improvement plans • Railroad track improvement plans and profiles • Land field grading plans • Commercial, residential, and industrial precise & rough grading plans • Street, sewer, and water improvement plans Senior CADD Operator • SCRRA (Metrolink) Commuter Rail Project MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants JENNY TRAN, BSC&E EXPERIENCE • 4 Years Professional Experience EDUCTAION • University of California, Irvine, BSC&E Civil & Environmental Engineering EXPERTISE • Traffic & Transportation Engineering • Traffic Impact & Parking Studies • Feasibility Studies • Transportation Planning • Traffic Signal Timing • Highway Capacity • Safety Assessment • VMT & GHG Analysis& Assessment RELATED SKILLS • Use of various Traffic Engineering and Transportation Planning software: HCS, SYNCHRO, SimTraffic • A-CAD & MicroStation • Advanced Surveying • Highway Design (InRoads, CaiCe) • ArcGIS • MATLAB, SketchUp, SolidWorks, Stella, Spartan SYNOPSIS of PROFESSIONAL EXPERIENCE • Prepared a Technical Memo for the Development and Establishment of VMT (Vehicle Miles Traveled) for the Transportation Impact Analysis of the CEQA Requirement based upon the Senate Bill (SB) 743 for the City of Colton, CA • Engineering Assistant for the Preparation of Traffic Signal Modification, Interconnect Plans and Fiber Optic Systems for the City of Chino. Performed field investigations followed up by utilizing ACAD 2020 computer software for the base Engineering Plans • Prepared a Left Turn Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of Schaefer at Roswell for the City of Chino, CA • Prepared a Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of 7th Street at Valley Blvd. for the City of Colton, CA • Engineering Assistant for the Evacuation Plan Improvement Traffic Study utilizing Synchro 11.0 Micro-computer Modeling and Sim Traffic Micro-computer Simulation for 5 Wildfire and 1 Tsunami Evacuation Plans via Pacific Coast Highway City of Malibu • Prepared a Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of San Bernardino Ave. at Sycamore Street for the City of Colton, CA • Prepared a Traffic Signal and Stop Sign Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of “C” Street at Meridian for the City of Colton, CA • Prepared a Technical Memo for Federal/State and City ADA Compliance at the Existing Handicap Ramps at the Two Signalized Intersections of Roswell at Schaefer and Pipeline at Schaefer in the City of Chino, CA • Prepared a Technical Memo for the Establishment of Policies and Procedures for Red- Curb Zones within the Residential and Commercial Areas for the City of Gardena, CA • Prepared a Traffic Impact Study for the Proposed Retail/Commercial Center at 81933 Indio Blvd for the City of Indio. Analyzed the Potential Impacts of the Proposed Project on the Existing and Future Capacity and Operations of the 6 Existing Signalized Intersections. • Prepared a Traffic Impact Study for the Proposed Retail/Commercial Center at Jefferson Ave at Varner for the City of Indio. Analyzed the Potential Impacts of the Proposed Project on the Existing and Future Capacity and Operations of the 6 Existing Signalized Intersections. • Prepared a Traffic Impact Study for the Gateway Plaza for the City of Tracy in Northern California, Tracy, CA MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants JENNY TRAN, BSC&E Page 2 SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED: • Prepared a Traffic Impact Study for the Proposed Bloomington Truck Stop within the Bloomington Unincorporated area of San Bernardino County for the County of San Bernardino. Analyzed the Potential Impacts of the Proposed Project on the Existing and Future Capacity and Operations of the 15 Existing Signalized Intersections as well as 4 Future Intersections. Analyzed the Capacity and Operations of the 17 intersections utilizing Synchro 11.0 & HCS 2000+ software. • Prepared a Traffic Signal Warrant Assessment by Utilizing CA MUTCD Standards for the Intersection of Olive Street at Meridian for the City of Colton • Prepared a Traffic Impact Study for Commercial Center and a Focused Driveway Feasibility Analysis for the City of Clovis in Central California, Clovis, CA • Prepared the VMT (Vehicle Miles Traveled) Analysis and Assessment for the Pennsylvania Avenue Widening Project for the City of Beaumont, Beaumont, CA • Assisted in the Preparation of the Traffic Operation Analysis Report (TOAR) document for the Pennsylvania Avenue at I-10 Freeway Interchange Improvements for the State of California Department of Transportation (Caltrans District 8), Beaumont, CA • Prepared Traffic Control Plans (TCP) for the Metropolitan Water District of Southern California (MWD) Orange County Feeder Extension Pipeline Realignment in the Cities of Costa Mesa and Newport Beach for the Cities of Costa Mesa and Newport Beach and MWD. • Prepared Traffic Control Plans (TCP) for the Metropolitan Water District of Southern California (MWD) Orange County Feeder Blow-off Valve Rehabilitation – Upper Newport Bay on Jamboree Road for the City of Newport Beach for the City of Newport Beach and MWD. • Prepared a Traffic Signal Warrant Assessment for the intersection of Magnolia Ave at Vermont Ave. and Union Pacific Railroad Tracks for the Cities of Gardena, Los Angeles and Union Pacific Railroad Company. The project was fully fund by the Los Angeles County MTA (Metro). • Prepared a Technical Memo for the ADA Requirements and compliance with the City of Chino’s New Ordinance, Caltrans and the Federal Requirements of the two intersection of Schaefer Ave at Pipeline and Schaefer Avenue at Roswell Ave for the City of Chino, CA • Prepared a traffic Impact Study and Parking Survey for the Learning Academy in the City of South Gate, South Gate, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Huntington Park in Los Angeles County • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Guadalupe in Santa Barbara County • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants MICHELLE NGUYEN, BSC&E EXPERIENCE • 3 Years Professional Experience EDUCTAION • University of California, Irvine, BSC&E Civil & Environmental Engineering EXPERTISE • Traffic & Transportation Engineering • Signing & Striping • Traffic Control Analysis • Transportation Planning • Traffic Signal Timing • Highway Capacity • Safety Assessment • VMT Analysis & Assessment RELATED SKILLS • Use of Various Traffic Engineering and Transportation Planning Software:  HCS  Synchro 10  SimTraffic  TransCAD • AutoCAD 2020 • ArcGIS • MATLAB • SketchUp • SOLIDWORKS SYNOPSIS OF PROFESSIONAL EXPERIENCE • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Guadalupe in Santa Barbara County, CA • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Huntington Park in Los Angeles County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Signal Hill in Los Angeles County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Lemoore in Kings County, CA • Prepared the 2020 E & TS Report for 131 street segments the City of Pomona, CA • Prepared a Traffic Sight Distance Analysis Technical Memorandum for a Proposed New Driveway at 1137 & 1149 West Phillips Blvd per the City of Pomona’s Standard Design Plans and AASHTO’s Guidelines for the City of Pomona, CA • Prepared a Technical Memorandum for the Electrical Vehicle (EV) Charging Stations Project for the City of South Gate, CA • Prepared a PS&E Package for the Electrical Vehicle (EV) Charging Stations Design for 5 Locations for the City of South Gate, CA • City of Costa Mesa  Assessed Current and Potential Speed Humps and Traffic Calming Measures  Drafted Signing & Striping Plans for Street Improvement Project Complying with 2014 CA MUTCD and Caltrans Standard Plans & Standard Specification 2018  Prepared Work Orders for Street Maintenance  Conducted Stop Sign & Traffic Signal Warrant Analysis by Utilizing CA MUTCD  Performed Field Investigations into Service Requests Regarding the Operation of Traffic Signals  Investigated Citizen Request for Speeding Countermeasures  Verified the Recommended Posted Speed for the City’s 2018 E&TS  Inventoried and Prepared a Citywide Posted Speed Signs Map  Prepared an Updated Citywide Average Daily Traffic Map for the Year 2019  Prepared an In-Kind Service Report from the Orange County Transportation Authority for funding of a Traffic Signal Synchronization Project for Harbor Blvd. MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants  Performed Testing of Emergency Vehicle Preemption (EVPs) at Applicable Intersections Citywide • City of Anaheim  Conducted a Field Survey of road side units and on board units along Harbor Blvd & Anaheim Blvd to Test the Interoperability Among Different Vendors MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants Phillip P. Nguyen, BSCE, ENV SP EDUCTAION • Cal Poly, Pomona, BSCE Civil Engineering REGISTRATION • NATIONAL: Envision Sustainable Professional (ENV SP), Institute of Sustainable Infrastructure • LR-01: Level II Basic Traffic Signal Training • LR-02: Level II Advance Traffic Signal Training • LR-05: Traffic Signal Design Training EXPERIENCE • 2 Years Professional Experience EXPERTISE • Engineering & Traffic Survey (E&TS) • Local Roadway Safety Planning (LRSP) • Traffic & Transportation Engineering • Signing & Striping • Traffic Control Analysis • Transportation Planning & Management • Traffic Signal Timing • Highway Capacity • Safety Assessment • Travel Survey & Analysis • Sustainable Building & Infrastructure RELATED SKILLS • Use of Various Traffic Engineering and Transportation Planning Software:  HCS 6  Synchro 11  SimTraffic 11 • AutoCAD 2023 • ArcGIS • Caltrans PeMS Data Source • Civil 3D • FHWA SSAM (Surrogate Safety Assessment Model) • MicroStation/Inroads • TransCAD • VISSIM SYNOPSIS OF PROFESSIONAL EXPERIENCE • Project Engineer for the Preparation of 2023 Engineering & Traffic Survey (E&TS) for 67 Street Segments for the City of Rancho Mirage, Rancho Mirage, CA • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County, CA • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Lemoore in Kings County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of San Pablo in Contra Costa County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA • Project Engineer for the Peer Review of the Local Roadway Safety Plan (LRSP) for the City of Colton in San Bernardino County, CA • Prepared the 2023 E & TS Report for 21 street segments the City of Needles, CA • Prepared the 2023 E & TS Report for 29 street segments the City of Solana Beach, CA • Project Engineer for the City of Beverly Hills’ Los Angeles School of Gymnastics Parking & Traffic Study, Beverly Hills, CA MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants Phillip P. Nguyen, BSCE, Env SP Page 2 SYNOPSIS of PROFESSIONAL EXPERIENCE CONTINUED: • Project Engineer for the Legal Review of the Traffic Collision Assessment for Ave M/Columbia Way at 20th St. E Street for the City of Palmdale, CA • Project Engineer for the Metro Place Shopping Center Parking Study, Santa Ana, CA • Project Engineer for the Signing & Striping Design and Improvements for the Roundabout Pilot Project for Maine Ave at Olive Street, Baldwin Park, CA • Project Engineer for the MWD’s Orange County Feeder Line Traffic Control Plans Signing & Striping Modification for the City of Newport Beach, Newport Beach, CA • Project Engineer for the City of Chino Hills’ Los Serranos’ Country Club-GolfTec Shared Parking & Traffic Analysis, Chino Hills, CA • Project Engineer for the City of Vernon’s 2615 Fruitland Ave Warehouse Parking Demand Study, Vernon, CA • Project Engineer for the City of Colton’s Traffic Signal Modification Plan and the Preparation of PS&E for La Cadena Drive at Valley Blvd, Colton, CA • Project Engineer for the City of Colton’s Traffic Signal Modification Plan and the Preparation of PS&E for La Cadena Drive at Bordwell Ave and Laurel St, Colton, CA • Project Engineer for the City of Colton’s New Traffic Signal Plan and the Preparation of PS&E for 7th St. at Valley Blvd, Colton, CA • Project Engineer for the City of Colton’s TO#336A Preparation of Signing & Striping Plan and Street Improvements Plans for Little Colton Ave at N. Mt. Vernon Ave and Colton Ave, Colton, CA • Project Engineer for the City of Colton’s TO#336B Feasibility of Traffic Signal Phasing Improvements of EB/WB Protected and/or Protected-Permissive Left-Turn Signal Phase Warrant Assessment for N. Mt. Vernon Ave and Colton Ave, Colton, CA • Project Engineer for the City of Colton’s TO#337A Preparation of Signing & Striping Plan for W. C St Underpass between N. 7th St to Pennsylvania Ave, Colton, CA • Project Engineer for the City of Colton’s TO#337B Preparation of Signing & Striping Plan for N St Underpass between S. 7th St to S. 5th St, Colton, CA • Project Engineer for the City of Colton’s TO#338 Preparation of Signing & Striping Plan and Street Improvements Plans for Sperry Drive and E. Fairway, Colton, CA • Project Engineer for the City of Long Beach’s First Student In. New School Bus Yard VMT, Trip Generation and Queuing Analyses, Long Beach, CA MINAGAR & ASSOCIATES, INC. Traffic/Civil/Electrical Engineering - ITS- Transportation Planning - CEM Consultants Nhi Hoang, BSCE EDUCTAION • University of California, Irvine, BSCE Civil & Environmental Engineering EXPERIENCE • 2 Years Professional Experience EXPERTISE • Engineering & Traffic Survey (E&TS) • Local Roadway Safety Planning (LRSP) • Traffic & Transportation Engineering • Signing & Striping • Traffic Control Analysis • Transportation Planning & Management • Traffic Signal Timing • Highway Capacity • Safety Assessment • Travel Survey & Analysis • VMT Assessments RELATED SKILLS • Use of Various Traffic Engineering and Transportation Planning Software:  HCS 6  Synchro 11  SimTraffic 11 • 3-D Sketch Up • AutoCAD 2023 • ArcGIS/ArcMAP • Caltrans PeMS Data Source • Civil 3D • Java • MATLAB • SolidWorks SYNOPSIS OF PROFESSIONAL EXPERIENCE • Project Engineer for the Preparation of 2023 VMT (Vehicle Mile Traveled) Guidelines per CEQA Requirements for the City of Imperial, Imperial, CA • Project Engineer for the City of Lancaster’s VMT Assessment for 44-Unit Garden Walk- up Apartments at 40th Street and Avenue L, Lancaster, CA • Project Engineer for the City of Perris’ Scoping Agreement • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Needles in San Bernardino County, CA • Engineering Assistant for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Lemoore in Kings County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of San Pablo in Contra Costa County, CA • Project Engineer for the Preparation of the Local Roadway Safety Plan (LRSP) for the City of Big Bear Lake in San Bernardino County, CA • Project Engineer for the Peer Review of the Local Roadway Safety Plan (LRSP) for the City of Colton in San Bernardino County, CA • Prepared the 2023 E & TS Report for 21 street segments the City of Needles, CA • Prepared the 2023 E & TS Report for 29 street segments the City of Solana Beach, CA • Project Engineer for the City of Beverly Hills’ Los Angeles School of Gymnastics Parking & Traffic Study, Beverly Hills, CA • Project Engineer for the Legal Review of the Traffic Collision Assessment for Ave M/Columbia Way at 20th St. E Street for the City of Palmdale, CA MANHOURS & LEVELS OF EFFORTS ESTIMATES (1st Revised) City of Seal Beach's Cost Proposal Safety Action Plan(SAP) MINAGAR & ASSOCIATES, INC. DIRECT TASK AND DESCRIPTION PM PE SE FM SD EA COST*TOTAL 1 Project Management 98 0 0 0 0 8 $0 $22,726 2 Safety Analysis 65 24 6 0 8 98 $0 $30,800 3 Engagement and Collaboration (3 Stakeholder Meetings & 1 Community Workshop + 1 Disadv. Community Mtn 50 0 0 0 0 20 $0 $12,956 4 Policy and Process Changes 46 26 10 0 9 52 $0 $23,929 5 Strategy and Project Selections (including FHWA Approved Countermeasures)45 24 8 0 35 65 $0 $28,315 6 Development of Final SAP (Preparing Draft & Final Reports)154 44 6 0 22 241 $0 $69,862 7 Closeout 25 0 0 0 0 46 $0 $9,556 Total Hours 483 118 30 0 74 530 Hourly Rate $224.92 $224.92 $179.79 $127.36 $165.72 $85.49 $0 Total Labor Cost ($)$108,636 $26,541 $5,394 $0 $12,263 $45,310 $0 $198,144 TOTAL COST $198,144 PM Project Manager PE Principal Engineer SE Senior Engineer SD Senior Designer EA Engineering Assistant FM Field Manager/Dep Rep 10/23/2023 * Since this is a Federal Procurement in which stipulates no compensation for Travel/Mileage, Equipment, Spplies & Indirect Costs must be made. MINAGAR & ASSOCIATES, INC. 23282 Mill Creek Drive, Suite 120 Laguna Hills, CA 92653 Tel: (949)707-1199 Web: www.minagarinc.com 2019 Winner of the Orange County Engineering Council’s Outstanding Service Award 2016 Winner of the ASCE’s Outstanding Civil Engineer in the Private Sector Award in the State of California 2016 Winner of the ASCE Los Angeles Section’s Outstanding Civil Engineer in the Private Sector Award 2016 Winner of the ASCE Orange County Chapter’s Outstanding Civil Engineer in the Private Sector Award 2016 Certificate of Recognition for Dedication to Support the ELTP Program by Los Angeles County MTA/Metro 2016 Winner of the Orange County Engineering Council’s Outstanding Engineering Service Award 2015 Orange County Business Journal’s 2015 Excellence in Entrepreneurship Award Nominee 2014 Orange County Business Journal’s 2014 Excellence in Entrepreneurship Award Nominee 2012 Winner of Cal-EPA/California Air Resources Board’s Cool California Climate Leader 2011 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles 2011 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles 2010 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles 2009 Winner of the ASCE’s Outstanding Private Sector Civil Engineering Project in Metropolitan Los Angeles 2009 Winner of the Caltrans’ 2009 Excellence in Transportation Award in the State of California 2007 Winner of the ASCE’s Outstanding Public/Private Sector Civil Engineering Project in Metropolitan Los Angeles 2005 Winner of the APWA’s Best Traffic Congestion Mitigation Project of the Year in Southern California 2004 Top Nominee of Transportation Foundation’s Highway Management Program in the State of California 2003 Winner of the PTI’s Best Transportation Technology Solutions Award in the United States 2002 Winner of the ITS-CA’s Best Return on Investment Project Award in the State of California 2000 Award of Excellence in Service by Los Angeles County MTA/Metro in the County of Los Angeles Celebrating 30 Years of Planning & Engineering Excellence • Traffic Engineering • Transportation Planning • ITS (Intelligent Transportation Systems) • Civil/Electrical Engineering • Homeland Security • Construction Engineering Management 38 of 39 2903700 EXHIBIT C U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023 1 of 29 U.S. DEPARTMENT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM: FHWA PROJECTS Revision date: February 8, 2023 2 of 29 Table of Contents Article 7 Purpose............................................................................................................................. 6 7.1 Purpose. ......................................................................................................................................... 6 Article 8 USDOT Role.................................................................................................................... 6 8.1 Division of USDOT Responsibilities. ........................................................................................... 6 8.2 USDOT Program Contacts............................................................................................................ 7 Article 9 Recipient Role.................................................................................................................. 7 9.1 Statements on the Project. ............................................................................................................. 7 9.2 Statements on Authority and Capacity. ......................................................................................... 7 9.3 USDOT Reliance. ......................................................................................................................... 8 9.4 Project Delivery. ........................................................................................................................... 8 9.5 Rights and Powers Affecting the Project. ..................................................................................... 8 9.6 Notification of Changes to Key Personnel. ................................................................................... 9 Article 10 Award Amount, Obligation, and Time Periods ............................................................. 9 10.1 Federal Award Amount ................................................................................................................. 9 10.2 Federal Obligations. ...................................................................................................................... 9 10.3 Budget Period. .............................................................................................................................. 9 10.4 Period of Performance……...……………..……………………………………………………..9 Article 11 Statement of Work, Schedule, and Budget Changes ..................................................... 9 11.1 Notification Requirement. ............................................................................................................. 9 11.2 Statement of Work Changes…………………………………………………………………....10 11.3 Schedule Changes………………………………………………………………………………10 11.4 Budget Changes………………………………………………………………………………...10 11.5 USDOT Acceptance of Changes. ................................................................................................ 11 Article 12 General Reporting Terms............................................................................................. 11 12.1 Report Submission. ..................................................................................................................... 11 12.2 Alternative Reporting Methods. .................................................................................................. 11 12.3 Paperwork Reduction Act Notice. .............................................................................................. 11 Article 13 Progress and Financial Reporting ................................................................................ 12 13.1 Quarterly Project Progress Reports and Recertifications. ........................................................... 12 13.2 Final Progress Reports and Financial Information. ..................................................................... 12 Article 14 Performance Reporting ................................................................................................ 12 14.1 Baseline Performance Measurement. .......................................................................................... 12 14.2 Post-construction Performance Measurement............................................................................. 13 14.3 Project Outcomes Report. ............................................................ ..............................................13 14.4 Performance Reporting Survival. ................................................................................................ 13 14.5 Program Evaluation…………………………………………………………………………….13 Article 15 Noncompliance and Remedies ..................................................................................... 13 15.1 Noncompliance Determinations. ................................................................................................. 13 15.2 Remedies. .................................................................................................................................... 14 15.3 Other Oversight Entities.............................................................................................................. 15 Article 16 Agreement Termination ............................................................................................... 15 16.1 USDOT Termination. ................................................................................................................. 15 16.2 Closeout Termination. ................................................................................................................. 16 16.3 Post-Termination Adjustments. .................................................................................................. 16 16.4 Non-Terminating Events. ............................................................................................................ 16 16.5 Other Remedies. .......................................................................................................................... 16 Article 17 Monitoring, Financial Management, Controls, and Records ....................................... 16 3 of 29 17.1 Recipient Monitoring and Record Retention. ............................................................................. 16 17.2 Financial Records and Audits. .................................................................................................... 17 17.3 Internal Controls. ........................................................................................................................ 17 17.4 USDOT Record Access. ............................................................................................................. 17 Article 18 Contracting and Subawards ......................................................................................... 17 18.1 Build America, Buy America. ......................................................................................................17 18.2 Small and Disadvantaged Business Requirements. .................................................................... 20 18.3 Engineering and Design Services. .............................................................................................. 20 18.4 Foreign Market Restrictions........................................................................................................ 20 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. .. 20 18.6 Recipient Responsibilities for Subawards. .................................................................................. 20 18.7 Subaward and Contract Authorization. ....................................................................................... 20 Article 19 Costs, Payments, and Unexpended Funds ................................................................... 20 19.1 Limitation of Federal Award Amount. ....................................................................................... 20 19.2 Projects Costs. ............................................................................................................................. 21 19.3 Timing of Project Costs. ............................................................................................................. 21 19.4 Recipient Recovery of Federal Funds. ........................................................................................ 21 19.5 Unexpended Federal Funds. ........................................................................................................ 21 19.6 Timing of Payments to the Recipient. ......................................................................................... 21 19.7 Payment Method………………………………………………………………………………..21 19.8 Information Supporting Expenditures. .........................................................................................21 19.9 Reimbursement Frequency. ........................................................................................................ 22 Article 20 Liquidation, Adjustments, and Funds Availability ...................................................... 22 20.1 Liquidation of Recipient Obligations. ......................................................................................... 22 Article 21 Agreement Modifications ............................................................................................ 22 21.1 Bilateral Modifications. .............................................................................................................. 22 21.2 Unilateral Contact Modifications. ............................................................................................... 22 21.3 USDOT Unilateral Modifications. .............................................................................................. 22 21.4 Other Modifications. ................................................................................................................... 22 Article 22 Climate Change and Environmental Justice ................................................................ 23 22.1 Climate Change and Environmental Justice. .............................................................................. 23 Article 23 Racial Equity and Barriers to Opportunity .................................................................. 23 23.1 Racial Equity and Barriers to Opportunity.................................................................................. 23 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements .... 23 24.1 Uniform Administrative Requirements for Federal Awards. ...................................................... 23 24.2 Federal Law and Public Policy Requirements. ........................................................................... 23 24.3 Federal Freedom of Information Act. ......................................................................................... 23 24.4 History of Performance. .............................................................................................................. 23 24.5 Whistleblower Protection. ........................................................................................................... 24 24.6 External Award Terms and Obligations. ..................................................................................... 24 24.7 Incorporated Certifications. ........................................................................................................ 24 Article 25 Assignment .................................................................................................................. 25 25.1 Assignment Prohibited. ............................................................................................................... 25 Article 26 Waiver .......................................................................................................................... 25 26.1 Waivers. ...................................................................................................................................... 25 Article 27 Additional Terms and Conditions ................................................................................ 25 27.1 Effect of Action Plan or Implementation Plan. .......................................................................... 25 27.2 Disclaimer of Federal Liability. .................................................................................................. 25 27.3 Environmental Review. ............................................................................................................... 27 27.4 Railroad Coordination. ................................................................................................................ 27 4 of 29 27.5 Relocation and Real Property Acquisition……………………..………………………………..27 27.6 Equipment Disposition………………………………………………………………………...27 Article 28 Mandatory Award Information .................................................................................... 27 28.1 Information Contained in a Federal Award. ............................................................................... 27 Article 29 Construction and Definitions ....................................................................................... 28 29.1 Attachments. ............................................................................................................................... 28 29.2 Exhibits. ...................................................................................................................................... 28 29.3 Construction. ............................................................................................................................... 28 29.4 Integration. .................................................................................................................................. 28 29.5 Definitions. .................................................................................................................................. 28 Article 30 Agreement Execution and Effective Date ................................................................... 29 30.1 Counterparts. ............................................................................................................................... 29 30.2 Effective Date. ............................................................................................................................ 29 5 of 29 Index of Definitions Administering Operating Administration ....................................................................................... 7 Environmental Review Entity…………………………………………………………………....25 Federal Share ................................................................................................................................ 11 FHWA ............................................................................................................................................. 7 NOFO .............................................................................................................................................. 6 OMB ............................................................................................................................................. 11 Program Statute ............................................................................................................................. 28 Project……………………………………………………………………………………………19 Project Closeout ............................................................................................................................ 16 SS4A Grant ................................................................................................................................... 28 USDOT ........................................................................................................................................... 6 6 of 29 GENERAL TERMS AND CONDITIONS The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) established the Safe Streets and Roads for All (SS4A) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives. The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2022 for the SS4A Discretionary Grant Program (87 Fed. Reg. 31606 (May 24, 2022; subsequently amended in 87 Fed. Reg. 47818 on August 4, 2022)). These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2022 SS4A grant program. Articles 1–6 are in the project- specific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through D are project-specific attachments. ARTICLE 7 PURPOSE 7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives: (1)timely completing the Project; and (2)ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B. ARTICLE 8 USDOT ROLE 8.1 Division of USDOT Responsibilities. (a)The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program. 7 of 29 (b)The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA. 8.2 USDOT Program Contacts. FHWA Safe Streets and Roads for All Federal Highway Administration Office of Safety 1200 New Jersey Avenue SE HSA-1, Mail Drop E71-117 Washington, DC 20590 SS4A.FHWA@dot.gov (202) 366-2201 and [enter FHWA Division Office lead point of contact] [enter address] [enter email address] [enter telephone] ARTICLE 9 RECIPIENT ROLE 9.1 Statements on the Project. The Recipient states that: (1)all material statements of fact in the Grant Application were accurate when that application was submitted; and (2)Attachment B documents all material changes in the information contained in that application. 9.2 Statements on Authority and Capacity. The Recipient states that: (1)it has the authority to receive Federal financial assistance under this agreement; (2)It has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable. (3)it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement; 8 of 29 (4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and (6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient. 9.3 USDOT Reliance. The Recipient acknowledges that: (1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award; (2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO; (3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants. 9.4 Project Delivery. (a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies. (d) The Recipient shall provide access to records as provided at 2 CFR 200.337. 9.5 Rights and Powers Affecting the Project. (a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT. 9 of 29 (b)The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement. 9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.4 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.3. ARTICLE 10 AWARD AMOUNT, OBLIGATION, AND TIME PERIODS 10.1 Federal Award Amount The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in Section 2.2 as the SS4A Grant Amount. 10.2 Federal Obligations. This agreement obligates for the period of performance listed in section 2.3 of the grant agreement. 10.3 Budget Period The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 2.4, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1. 10.4 Period of Performance. (a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in Section 2.3. (b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1. ARTICLE 11 STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES 11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.4 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement. 10 of 29 11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1. 11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates: (1)a substantial completion date for the Project or a component of the Project is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2)a schedule change would require the period of performance to continue after the period of performance end date listed in section 2.3. For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change. 11.4 Budget Changes. (a) The Recipient acknowledges that if the cost of completing the Project increases: (1)that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and (2)the USDOT will not increase the amount of this award to address any funding shortfall. (b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3: (1)the “Non-Federal Funds” amount decreases; or (2)the “Total Eligible Project Cost” amount decreases. (c)For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d)If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs. (e)If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section 11 of 29 11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then: (1)in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs; and (2)if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project. In this agreement, “Federal Share” means the sum of the “SS4A Action Plan or Implementation Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3. (f) The Recipient acknowledges that amounts that are required to be refunded under section 11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999). 11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1. ARTICLE 12 GENERAL REPORTING TERMS 12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.4. Reports will be added to a central repository maintained by FHWA. 12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA. 12.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2105-0520. 12 of 29 ARTICLE 13 PROGRESS AND FINANCIAL REPORTING 13.1 Quarterly Program Performance Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report in the format and with the content described in Exhibit C (SF-PPR). If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Project Progress Report in the second calendar year that begins after the date of this agreement. 13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year, the Recipient shall submit a Federal Financial Report using SF-425. ARTICLE 14 PERFORMANCE REPORTING 14.1 Baseline Performance Measurement. If the Designation in Section 2.5 is “Implementation,” then: (1)the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and (2)on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A. 14.2 Section 24112(h) Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report that describes, consistent with section 24112(g) of BIL: (1)the costs of carrying out the project; (2)the outcomes and benefits that each eligible project generated as identified in the grant application and measured by data to the maximum extent practicable (i.e. number of fatalities and serious injuries that occurred within the limits of the project location); and (3)the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets. 13 of 29 14.3 Performance Measurement Information. For each performance measure that is identified in the Performance Measure Table in Attachment A, not later than January 31 of each year that follows a calendar year within the period of performance during which data was collected, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected. 14.4 Performance Reporting Survival. The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance. 14.5 Program Evaluation. As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff. ARTICLE 15 NONCOMPLIANCE AND REMEDIES 15.1 Noncompliance Determinations. (a)If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice. (b)If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may: (1)accept the remedy; 14 of 29 (2)acknowledge the noncompliance, but propose an alternative remedy; or (3)dispute the noncompliance. To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c)The USDOT may make a final determination of noncompliance only: (1)after considering the Recipient’s response under section 15.1(b); or (2)if the Recipient fails to respond under section 15.1(b), after the time for that response has passed. (d)To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination. 15.2 Remedies. (a)If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including: (1)additional conditions on the award; (2)any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or (3)any other remedy legally available. (b)To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice. (c)If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified. (d)In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT. (e)The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the 15 of 29 Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999). 15.3 Other Oversight Entities. Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities. ARTICLE 16 AGREEMENT TERMINATION 16.1 USDOT Termination. (a)The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (1)the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section 3.2 table (a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2)a construction start date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; (3) a substantial completion date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; (4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or, (5) the USDOT determines that termination of this agreement is in the public interest. (6)the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project. (b)In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT. (c)This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2. 16 of 29 (d)The Recipient may request that the USDOT terminate the agreement under this section 16.1. 16.2 Closeout Termination. (a)This agreement terminates on Project Closeout. (b)In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance. 16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient. 16.4 Non-Terminating Events. (a)The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b)The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement. 16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340. ARTICLE 17 MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS 17.1 Recipient Monitoring and Record Retention. (a)The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure: (1)that those activities comply with this agreement; and (2)that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334. 17 of 29 17.2 Financial Records and Audits. (a)The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project. (b)The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301–200.303, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506. Specifically, the Recipient shall: (1)list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2022” in the program name; and (2)list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2022” in column c (“Additional Award Identification”). 17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303. 17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337. ARTICLE 18 CONTRACTING AND SUBAWARDS 18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021) and Office of Management and Budget (OMB) Memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.” Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States. The Recipient shall not use funds provided under this award for a project for infrastructure unless: 18 of 29 (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. Inapplicability. The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers. When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term. A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office. When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or 19 of 29 (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.transportation.gov/office-policy/transportation-policy/made-in-america. Definitions “Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. “Domestic content procurement preference” means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Primarily iron or steel” means that the cost of the iron and steel content in the article, material, or supply exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign. “Project” means the construction, alteration, maintenance, or repair of infrastructure in the United States. (a) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). (b) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award. 20 of 29 18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”). 18.3 Engineering and Design Services. The Recipient shall award each contract or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under 2 CFR 200.320or an equivalent qualifications-based requirement prescribed for or by the Recipient. 18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award. 18.6 Recipient Responsibilities For Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333. 18.7 Subaward and Contract Authorization. If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement for Action Plan awards. This provision does not apply to the acquisition of supplies, material, equipment or general support services. That approval will be contingent upon a fair and reasonable price determination on the part of the Recipient and the agreement officer’s concurrence on that determination. ARTICLE 19 COSTS, PAYMENTS, AND UNEXPENDED FUNDS 19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for 21 of 29 payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount. 19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs. 19.3 Timing of Project Costs. (a) The Recipient shall not charge to this award costs that are incurred after the period of performance. (b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval pre-award costs under 2 C.F.R. 200.458. pre-award costs under 2 C.F.R. 200.458. 19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT. 19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States. 19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost. 19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2. 19.8 Information Supporting Expenditures (a) If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 270 (Request for Advance or Reimbursement), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel. (b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail. 22 of 29 19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI eInvoicing,” then the Recipient shall not request reimbursement more frequently than monthly. ARTICLE 20 LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY 20.1 Liquidation of Recipient Obligations. (a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided. (b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346. ARTICLE 21 AGREEMENT MODIFICATIONS 21.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party. 21.2 Unilateral Contact Modifications. (a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to all of the Recipient contacts who are listed in section 4.3. 21.3 USDOT Unilateral Modifications. (a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute. (b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective. 21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void. 23 of 29 ARTICLE 22 CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE 22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), Attachment C documents the consideration of climate change and environmental justice impacts of the Project. ARTICLE 23 RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 23.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (Jan. 20, 2021), Attachment D documents activities related to the Project to improve racial equity and reduce barriers to opportunity. ARTICLE 24 FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS 24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201. 24.2 Federal Law and Public Policy Requirements. (a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. 24.3 Federal Freedom of Information Act. (a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552. 24.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient. 24 of 29 24.5 Whistleblower Protection. (a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award. (b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce. 24.6 External Award Terms and Obligations. (a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts: (1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; (2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; (3) 2 C.F.R 175.15(b): Trafficking in Persons; and (4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters. (b) The Recipient shall comply with: (1) 49 C.F.R. part 20: New Restrictions on Lobbying; (2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964; (3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and (4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance). 24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference: (1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying). 25 of 29 ARTICLE 25 ASSIGNMENT 25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement. ARTICLE 26 WAIVER 26.1 Waivers. (a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions. (c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach. ARTICLE 27 ADDITIONAL TERMS AND CONDITIONS 27.1 Effect of Action Plan or Implementation Plan. Based on information that the Recipient provided to the USDOT, including the Technical Application, at indicated in section 2.5, this agreement designates this award as an Action Plan award or a Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing. 27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement. 27.3 Environmental Review (a) In this section, “Environmental Review Entity” means: (1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and 26 of 29 (2) for all other cases, the FHWA. (b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until: (1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and (2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete. (c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Recipient acknowledges that: (1) the Environmental Review Entity’s actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and (2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then: (1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or (2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project. 27 of 29 27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way. 27.5 Relocation and Real Property Acquisition. (a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E. (c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. part 24 subpart E. 27.6 Equipment Disposition. (a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313. (c) The Recipient shall ensure compliance with this section 27.6 for all tiers of subawards under this award. ARTICLE 28 MANDATORY AWARD INFORMATION 28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211: (1) the “Federal Award Date” is the date of this agreement, as defined under section 30.2; (2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and (3) this award is not for research and development. 28 of 29 ARTICLE 29 CONSTRUCTION AND DEFINITIONS 29.1 Attachments. This agreement includes the following attachments as integral parts: Attachment A Performance Measurement Information Attachment B Changes from Application Attachment C Racial Equity and Barriers to Opportunity Attachment D Climate Change and Environmental Justice Impacts Attachment E Labor and Workforce Attachment F Critical Infrastructure Security and Resilience 29.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 SS4A Grant Program”, dated February 8, 2023, and available at https://www.transportation.gov/sites/dot.gov/files/2023-02/SS4A- FY22-FHWA-Exhibits_2023-02-08.pdf, are part of this agreement. Exhibit A Applicable Federal Laws and Regulations Exhibit B Additional Standard Terms Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content Exhibit D Form for Subsequent Obligation of Funds 29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1–30, then the provision in articles 1–30 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails. 29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program. 29.5 Definitions. In this agreement, the following definitions apply: “Program Statute” means the BIL section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement, including article 3 and Attachments A–D. “SS4A Grant” means an award of funds that were made available under the NOFO. 29 of 29 “Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. ARTICLE 30 AGREEMENT EXECUTION AND EFFECTIVE DATE 30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect. 30.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it. This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it. 39 of 39 2903700 EXHIBIT D U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023 U.S. DEPARTMENT OF TRANSPORTATION EXHIBITS TO FHWA GRANT AGREEMENTS UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM February 8, 2023 A-1 EXHIBIT A APPLICABLE FEDERAL LAWS AND REGULATIONS By entering into this agreement for a FY 2022 Safe Streets and Roads for All Grant, the Recipient assures and certifies, with respect to this Grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Recipient and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following: General Federal Legislation a. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. b. Hatch Act – 5 U.S.C. 1501, et seq. c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq. d. National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108 e. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq. f. Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. h. Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 i. Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536 j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a l. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. m. American Indian Religious Freedom Act, P.L. 95-341, as amended n. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. o. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. p. Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2 q. Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq. r. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C. 8373 s. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. t. Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 u. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq. v. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq. w. Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq. y. Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. z. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through 1683 and 1685 through 1687 aa. Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 bb. Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq. cc. Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C. A-2 1101 -1104, 541, et seq. dd. Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. 1352 ee. Freedom of Information Act – 5 U.S.C. 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 gg. Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. hh. Noise Control Act of 1972 – 42 U.S.C. 4901, et seq. ii. Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq. jj. Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525 kk. Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 ll. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended – 42 U.S.C. 9601, et seq. mm. Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26 nn. Wilderness Act – 16 U.S.C. 1131-1136 oo. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq. pp. Migratory Bird Treaty Act – 16 U.S.C. 703, et seq. qq. The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub. L. 109–282, as amended by section 6202 of Public Law 110–252) rr. Cargo Preference Act of 1954 – 46 U.S.C. 55305 ss. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 Executive Orders a. Executive Order 11246 – Equal Employment Opportunity b. Executive Order 11990 – Protection of Wetlands c. Executive Order 11988 – Floodplain Management d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12549 – Debarment and Suspension f. Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations g. Executive Order 13166 – Improving Access to Services for Persons With Limited English Proficiency h. Executive Order 13985 – Advancing Racial Equity and Support for Underserved Communities Through the Federal Government i. Executive Order 14005 – Ensuring the Future is Made in All of America by All of America’s Workers j. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad General Federal Regulations a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Parts 200, 1201 b. Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c. Investigative and Enforcement Procedures – 14 C.F.R. Part 13 d. Procedures for predetermination of wage rates – 29 C.F.R. Part 1 A-3 e. Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 C.F.R. Part 3 f. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R. Part 5 g. Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq. h. New Restrictions on Lobbying – 49 C.F.R. Part 20 i. Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R. Part 21 j. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24 k. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25 l. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 m. DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35 n. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28 o. Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p. Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32 q. DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38 r. Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 C.F.R. Part 26 (as applicable under section 18.3 of this agreement) Office of Management and Budget Circulars a. Any applicable OMB Circular based upon the specific FY 2022 Safe Streets and Roads for All Grant Recipient. Highway Federal Legislation a. Agreements relating to the use of an access to rights-of-way—Interstate System, 23 U.S.C. 111 b. Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) c. Tolls, 23 U.S.C. 301 (to the extent the recipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166. d. Efficient Environmental Reviews - 23 U.S.C. 139 A-4 e. Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303 Federal Highway Regulations a. Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b. National Highway System Design Standards – 23 C.F.R. Part 625 c. Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650 Subpart A d. Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 e. Length, Width and Weight Limitations – 23 C.F.R. Part 658 f. Environmental Impact and Related Procedures – 23 C.F.R. Part 771 g. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f)) – 23 C.F.R. Part 774 h. Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122 Specific assurances required to be included in the FY 2022 Safe Streets and Roads for All Grant agreement by any of the above laws, regulations, or circulars are hereby incorporated by reference into this agreement. B-1 EXHIBIT B ADDITIONAL STANDARD TERMS B-2 TERM B.1 TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amended) ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act, as amended) 49 C.F.R. Parts 21, 25, 27, 37 and 38 The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A By signing and submitting the Technical Application and by entering into this agreement under the FY 2022 Safe Streets and Roads for All (SS4A) grant program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration (FHWA), it is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: B-3 “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity,” for which the Recipient receives Federal financial assistance from DOT, including the FHWA. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FY 2022 SS4A grant program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2022 SS4A Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. B-4 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub- recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA’s access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely, B-5 complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FY 2022 SS4A grant program. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors’, transferees, successors in interest, and any other participants in the FY 2022 SS4A grant program. B-6 APPENDIX A During the performance of this contract, the contractor, for itself, its 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 Transportation, Federal Highway Administration (FHWA), 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, or national origin 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 C.F.R. Part 21. 3. Solicitations 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, or national origin. 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: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. 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 six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant B-7 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 noncompliance. Provided, that if the contractor becomes involved in, or is 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. B-8 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), 49 U.S.C. § 6702, the Regulations for the Administration of FY 2022 SS4A grant program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns. The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* B-9 (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) B-10 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a): A. The (Recipient, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, Recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) B-11 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific Assurance 7(b): A. The (Recipient, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (Recipient, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination covenants, Recipient will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) B-12 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq). B-13 TERM B.2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 2 C.F.R. Parts 180 and 1200 These assurances and certifications are applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 C.F.R. Parts 180 and 1200. By signing and submitting the Technical Application and by entering into this agreement under the FY 2022 SS4A grant program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FY 2022 SS4A Grant, as set out below. 1. Instructions for Certification – First Tier Participants: a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms “covered transaction,” “civil judgment,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of B-14 Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers to any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,” provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; B-15 (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms “covered transaction,” “civil settlement,” “debarred,” “suspended,” “ineligible,” “participant,” “person,” “principal,” and “voluntarily excluded,” as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered B-16 transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. B-17 TERM B.3 REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (Dec. 29, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that: (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government. The Recipient therefore agrees: 1. Definitions. For the purposes of this exhibit, the following definitions apply: “Covered Transaction” means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee. “Felony Conviction” means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559. “Participant” means the Recipient, an entity who submits a proposal for a Covered Transaction, or an entity who enters into a Covered Transaction. “Tax Delinquency” means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. B-18 2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management (the “SAM”) at http://www.sam.gov/ for an entry describing that entity. 3. Mandatory Certifications. Before entering a Covered Transaction with another entity, a Participant shall require that entity to: (1) Certify whether the entity has a Tax Delinquency; and (2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If (1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction; (2) an entity provides an affirmative response to either certification in section 3; or (3) an entity’s certification under section 3 was inaccurate when made or became inaccurate after being made then a Participant shall not enter or continue a Covered Transaction with that entity unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. 5. Mandatory Notice to the USDOT. (a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or a Felony Conviction, the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response. (c) If the Recipient knows that a Participant’s certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy. 6. Flow Down. For all Covered Transactions, including all tiers of subcontracts and subawards, the Recipient shall: (1) require the SAM check in section 2; (2) require the certifications in section 3; (3) include the prohibition in section 4; and B-19 (4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5. B-20 TERM B.4 RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING (a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order. For the purpose of this Term B.4, “Motor Vehicles” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15. For the purpose of this Term B.4, “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. For the purpose of this Term B.4, “Text messaging” means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary. For the purpose of this Term B.4, the “Government” includes the United States Government and State, local, and tribal governments at all levels. (b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are encouraged to: (1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. B-21 (2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as— (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items. C-1 EXHIBIT C QUARTERLY PROJECT PROGRESS REPORTS AND RECERTIFICATIONS: FORMAT AND CONTENT 1. Purpose. The purpose of the Quarterly Project Progress Reports and Recertifications under this agreement for the FY 2022 SS4A grant program are to ensure that the project scope, schedule, and budget will be maintained to the maximum extent possible. 2. Format and Content. The Recipient shall produce a quarterly cost, schedule, and status report that contains the sections enumerated in the following list. At the discretion of the USDOT, modifications or additions can be made to produce a quarterly reporting format that will most effectively serve both the Recipient and the USDOT. Some projects will have a more extensive quarterly status than others. For smaller projects, the USDOT may determine that the content of the quarterly reports will be streamlined and project status meetings will be held on a less-frequent basis. The first quarterly progress report should include a detailed description and, where appropriate, drawings of the items funded. (a) Project Overall Status. This section provides an overall status of the project’s scope, schedule and budget. The Recipient shall note and explain any deviations from the scope of work, the schedule, or the budget that are described in this agreement. (b) Project Significant Activities and Issues. This section provides highlights of key activities, accomplishments, and issues occurring on the project during the previous quarter. Activities and deliverables to be reported on should include meetings, audits and other reviews, design packages submitted, advertisements, awards, construction submittals, construction completion milestones, submittals related to any applicable Recovery Act requirements, media or Congressional inquiries, value engineering/constructability reviews, and other items of significance. (c) Action Items/Outstanding Issues. This section should draw attention to, and track the progress of, highly significant or sensitive issues requiring action and direction in order to resolve. The Recipient should include administrative items and outstanding issues that could have a significant or adverse effect on the project’s scope, schedule, or budget. Status, responsible person(s), and due dates should be included for each action item/outstanding issue. Action items requiring action or direction should be included in the quarterly status meeting agenda. The action items/outstanding issues may be dropped from this section upon full implementation of the remedial action, and upon no further monitoring anticipated. (d) Project Scope Overview. The purpose of this section is to provide a further update regarding the project scope. If the original scope contained in the grant agreement is still accurate, this section can simply state that the scope is unchanged. (e) Project Schedule. An updated master program schedule reflecting the current status of the program activities should be included in this section. A Gantt (bar) type chart is probably the most appropriate for quarterly reporting purposes, with the ultimate C-2 format to be agreed upon between the Recipient and the USDOT. It is imperative that the master program schedule be integrated, i.e., the individual contract milestones tied to each other, such that any delays occurring in one activity will be reflected throughout the entire program schedule, with a realistic completion date being reported. Narratives, tables, and/or graphs should accompany the updated master program schedule, basically detailing the current schedule status, delays and potential exposures, and recovery efforts. The following information should also be included: • Current overall project completion percentage vs. latest plan percentage. • Completion percentages vs. latest plan percentages for major activities such as right-of-way, major or critical design contracts, major or critical construction contracts, and significant force accounts or task orders. A schedule status description should also be included for each of these major or critical elements. • Any delays or potential exposures to milestone and final completion dates. The delays and exposures should be quantified, and overall schedule impacts assessed. The reasons for the delays and exposures should be explained, and initiatives being analyzed or implemented in order to recover the schedule should be detailed. (f) Project Cost. An updated cost spreadsheet reflecting the current forecasted cost vs. the latest approved budget vs. the baseline budget should be included in this section. One way to track project cost is to show: (1) Baseline Budget, (2) Latest Approved Budget, (3) Current Forecasted Cost Estimate, (4) Expenditures or Commitments to Date, and (5) Variance between Current Forecasted Cost and Latest Approved Budget. Line items should include all significant cost centers, such as prior costs, right-of-way, preliminary engineering, environmental mitigation, general engineering consultant, section design contracts, construction administration, utilities, construction packages, force accounts/task orders, wrap-up insurance, construction contingencies, management contingencies, and other contingencies. The line items can be broken-up in enough detail such that specific areas of cost change can be sufficiently tracked and future improvements made to the overall cost estimating methodology. A Program Total line should be included at the bottom of the spreadsheet. Narratives, tables, and/or graphs should accompany the updated cost spreadsheet, basically detailing the current cost status, reasons for cost deviations, impacts of cost overruns, and efforts to mitigate cost overruns. The following information should be provided: • Reasons for each line item deviation from the approved budget, impacts resulting from the deviations, and initiatives being analyzed or implemented in order to recover any cost overruns. • Transfer of costs to and from contingency line items, and reasons supporting the transfers. C-3 • Speculative cost changes that potentially may develop in the future, a quantified dollar range for each potential cost change, and the current status of the speculative change. Also, a comparison analysis to the available contingency amounts should be included, showing that reasonable and sufficient amounts of contingency remain to keep the project within the latest approved budget. • Detailed cost breakdown of the general engineering consultant (GEC) services (if applicable), including such line items as contract amounts, task orders issued (amounts), balance remaining for tasks, and accrued (billable) costs. • Federal obligations and/or disbursements for the project, compared to planned obligations and disbursements. (g) Federal Financial Report (SF-425). The Federal Financial Report (SF-425) is a financial reporting form used throughout the Federal Government Grant system. Recipients shall complete this form and attach it to each quarterly Project Progress and Monitoring Report. The form is available at https://www.grants.gov/forms/post-award-reporting-forms.html. (h) Certifications. i. A certification that the Recipient is in compliance with 2 C.F.R. 200.303 (Internal Controls) and 2 C.F.R. Part 200, Subpart F (Audit Requirements). ii. The certification required under 2 C.F.R. 200.415(a). D-1 EXHIBIT D FORM FOR SUBSEQUENT OBLIGATION OF FUNDS The USDOT and [recipient name] entered a grant agreement for the [project name] that was executed by the USDOT on [date of USDOT signature on original agreement] (the “Agreement”). This instrument obligates [$XXX] for [insert portion of project listed in the Agreement]. [Recipient name] states that: (1) the Agreement accurately describe the Project’s activities; (2) for each completion date listed in the Agreement, the Recipient’s estimate for that milestone is not more than six months after the date listed in the Agreement; (3) comparing the Project’s current budget with the amounts listed in the Agreement, the “Non-Federal Funds” amount has not decreased and the total eligible project costs amount has not decreased; and (4) under the terms of article 21 of the General Terms and Conditions, the Recipient is not presently required to request a modification to the Agreement. [Recipient name] acknowledges that USDOT is acting in reliance on the Recipient’s statements above. Date By: Signature of Recipient’s Authorized Representative [insert name] Name [insert title] Title D-2 The USDOT has determined that all applicable Federal requirements for obligating these funds are satisfied. Date By: Signature of USDOT’s Authorized Representative [insert name] Name [insert title] Title Agenda Item K AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7479: 1. Accepting the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6, by Crosstown Electrical and Data, Inc., in the amount of $383,264.04; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: The City’s Traffic Management Center (“TMC”) acts as the main hub to monitor, maintain, and adjust signal timing to optimize overall vehicular flow. Communication from the traffic signals to the TMC is generally achieved through the City’s fiber network; however, fiber is not available along Lampson Avenue. The FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber project (“Project”) will extend this fiber network connecting the following three (3) intersections to the TMC: 1. Lampson Avenue at Old Ranch Plaza 2. Lampson Avenue at Basswood Street 3. Lampson Avenue at Candleberry Avenue On October 10, 2022, the City Council adopted Resolution 7337, and awarded a construction contract to Crosstown Electrical and Data, Inc. (“Crosstown”), for the Project in the amount of $386,979. A construction contingency in the amount of $40,000 was established; however, the contingency funds were not utilized. Page 2 1 6 9 5 The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c). LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract budget plus established construction contingency totals $426,979. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Bid Items $ 383,264.04 Contract Change Orders $ 0.00 Project Cost $ 383,264.04 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7479: 1. Accepting the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6, by Crosstown Electrical and Data, Inc., in the amount of $383,264.04; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. Page 3 1 6 9 5 SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7479 B. Notice of Completion RESOLUTION 7479 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE FY 2022-2023 FIBER DESIGN PLANS – LAMPSON AVENUE FIBER, CIP O-ST-6 THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber (“Project”), CIP O-ST-6, by Crosstown Electrical and Data, Inc. in the amount of $383,264.04 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7479 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on December 12, 2023. The work was FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6. 6. The name of the contractor(s), if any, for such improvement was: Crosstown Electrical and Data, Inc. 7. The date of the Contract Award was October 10, 2022. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Lampson Avenue between Seal Beach Boulevard and Basswood Street, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2024, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item L AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7480: 1. Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project; and, 2. Authorizing and directing the City Manager to execute Cooperative Agreement No. C-3-3058. BACKGROUND AND ANALYSIS: The Orange County Transportation Authority (“OCTA”) oversees traffic signal coordination across multiple jurisdictional boundaries as part of the Renewed Measure M2 (“M2”). As traffic signal communication infrastructure is a critical part of traffic signal synchronization, operations, and other Intelligent Transportation System (“ITS”) capabilities, OCTA has expressed a desire to partner with the Cities of Huntington Beach, La Habra, Lake Forest, Newport Beach, Rancho Santa Margarita, Yorba Linda, and Seal Beach (“Agencies”) to pilot an Alternative Signal Communication Demonstration Project (“Project”). The Project would implement and evaluate various signal communication solutions that could be applied county- wide. OCTA has selected twenty-two (22) traffic signals to include as part of the Project, of which three (3) signals are within the City. 1. Heather Street @ Lampson Avenue 2. Rose Street @ Lampson Avenue 3. Tulip Street @ Lampson Avenue Page 2 1 6 9 6 These signals do not have communication with the City’s traffic management center, which makes them ideal candidates for the Project. Project implementation would provide the City the ability to monitor and modify signal operations, as necessary. To participate in the Project, the City must enter into a cooperative agreement with OCTA defining specific terms and conditions, which generally includes: OCTA Responsibilities • Act as the project manager and be responsible for managing, procuring, implementing, maintaining, and completing all aspects of the Project; • Coordinate with the Agencies to comply with monitoring and reporting requirements; and, • Fund the Project. City Responsibilities • Participate and support the Project implementation; • Evaluate and monitor device and communication links; • Maintain existing traffic signals in good operating condition; and, • Waive City permit fees. As such, staff recommends approval of Cooperative Agreement No. C-3-3058. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” as defined under Section 15378(b) of the state CEQA Guidelines. This item is also exempt from CEQA pursuant to Section 15061(b)(3) of the Guidelines because it can be seen with certainty that the approval of a cooperative agreement will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the cooperative agreement and resolution as to form. FINANCIAL IMPACT: The City will be responsible to provide staffing resources to oversee Project implementation. No additional funding impacts are associated with this action. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 6 9 6 RECOMMENDATION: That the City Council adopt Resolution 7480: 1. Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project; and, 2. Authorizing and directing the City Manager to execute Cooperative Agreement No. C-3-3058. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7480 B. Cooperative Agreement No. C-3-3058 with OCTA RESOLUTION 7480 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE AGREEMENT NO. C-3-3058 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE ALTERNATIVE SIGNAL COMMUNICATION DEMONSTRATION PROJECT WHEREAS, the Orange County Transportation Authority (“OCTA”) and the Cities of Huntington Beach, La Habra, Lake Forest, Newport Beach, Rancho Santa Margarita, Yorba Linda, and Seal Beach (“Agencies”) agree to evaluate, select, and implement alternative signal communications solutions as part of a demonstration project (“Project”); and, WHEREAS, the Project includes twenty-two (22) traffic signals that will receive communication network infrastructure upgrades, of which three (3) are owned and maintained by the City of Seal Beach (“City”); and, WHEREAS, the City and OCTA desires to enter into a cooperative agreement to implement the Project and collaborate in good faith in the management of their respective responsibilities. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Cooperative Agreement No. C-3-3058 by and between the Cities of Huntington Beach, La Habra, Lake Forest, Newport Beach, Rancho Santa Margarita, Yorba Linda, Seal Beach, and the Orange County Transportation Authority. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute Cooperative Agreement C-3-3058 on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members 8 6 2 5 ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7480 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C-3-3058 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3058 to be executed as of the date of the last signature below. CITY OF SEAL BEACH By: __________ _ Jill R. Ingram City Manager ATTEST: By: _________ _ Gloria Harper City Clerk Page 15 of 16 Agenda Item M AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Application for Grant Funds for the Orange County Community Resources OC Housing and Community Public Facilities and Improvements Grant ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7481: 1. Approving the application for grant funds related to the OC Housing and Community Development Public Facilities and Improvements to apply upgrades to the North Seal Beach Community Center, and to accept any funds awarded through the program; and, 2. Directing the City Manager to execute all necessary documents to apply for, accept, receive, and utilize the grant funding to participate in the grant program, including incorporation in the 2024-25 Fiscal Year proposed Annual Budget. BACKGROUND AND ANALYSIS: The Orange County Community Resources Urban Counties Program Public Facilities and Improvements Grant is provided through the Community Development Block Grant (CDBG) program. This is a federally funded program that provides annual grants to states, cities, and counties to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities. The Orange County Community Resources Urban Counties Program Grant is designed to provide funding for public facilities and improvements that will benefit low- to moderate-income residents in the community. The proposed project involves upgrades to the North Seal Beach Community Center (NSBCC) to better serve the community. The NSBCC is a vital resource for the residents of Seal Beach, serving our lower-resourced senior population through Meals on Wheels OC, free lunch café, take-home meals, and inclusive, free senior activities; it serves as a working space for local student philanthropic Page 2 1 7 0 8 organizations such as the National Charity League, National League of Young Men, and Boy Scouts; and is host to a range of affordable recreation classes that serve the community of Seal Beach and other neighboring cities. Built in 1968, the 3,688-square-foot building is in dire need of modernization and expansion to meet the growing needs of the community. This proposed project will implement a comprehensive remodel of the NSBCC, addressing issues of accessibility, functionality, and sustainability. The grant funds will be used to upgrade interior and exterior lighting to energy-efficient fixtures; reconfigure the kitchen to consolidate appliances for energy efficiency and create a better working space for senior meal programs; enhance operable exterior doors to encourage outdoor usage and extend usable space and capacity; upgrade doors from single pane to dual pane glass for increased efficiency and resiliency; rehabilitate restrooms to include low-flow, water efficient fixtures; and implement Americans with Disabilities Act (ADA) compliant upgrades to increase and improve equitable access for all. ADA improvements include removing the wall around the drinking fountain for wheelchair accessibility, replacing sliding doors with swinging doors to remove trip hazards, and eliminating trip hazards in the entry using enhanced flooring materials. The grant application has been prepared in accordance with the program requirements, and if awarded, the funds will be used for the improvements as outlined in the grant application. The improvements will provide a safer and more functional space for community members to gather and participate in activities. Overall, this grant program provides an excellent opportunity to improve the quality of life for residents in the city. The attached Resolution provides Orange County Community Resources with confirmation that the City Council is aware of the application and approves of staff’s request for grant funds for the NSBCC. The Resolution authorizes the City Manager to execute for and on behalf of the City of Seal Beach, the necessary agreements and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for participation in the Urban Development for participation in the Urban Counties Program and for acceptance of the CDBG funds under Bid No. 012-24010605-NC. ENVIRONMENTAL IMPACT: The proposed submittal of the grant application does not constitute a project and therefore is exempt from the State of California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061 (b)(3). The proposed submittal of the grant application will not involve any development or change to the physical environment and therefore, no further review under CEQA is warranted or necessary. LEGAL ANALYSIS: This item has been reviewed and approved as to form. Page 3 1 7 0 8 FINANCIAL IMPACT: This grant award is for the 2024-25 fiscal year, though staff should be notified by April 2024 if an award is anticipated. Thus, revenues and expenditures associated with this grant will be included in the 2024-25 Budget proposal for approval. If awarded grant funds in the amount of $350,000 from Orange County Community Resources, staff will utilize the funds for the improvements to the North Seal Beach Community Center. To facilitate this, staff will leverage $70,000 from the City General Fund or other identified sources to staff project management and inspections. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7481: 1. Approving the application for grant funds related to the OC Housing and Community Development Public Facilities and Improvements to apply upgrades to the North Seal Beach Community Center, and to accept any funds awarded through the program; and, 2. Directing the City Manager to execute all necessary documents to apply for, accept, receive, and utilize the grant funding to participate in the grant program, including incorporation in the 2024-25 Fiscal Year proposed Annual Budget. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Jill R. Ingram Alexa Smittle, Community Development Director Jill R. Ingram, City Manager Prepared by: Megan Coats, Management Analyst ATTACHMENTS: A. Resolution 7481 B. Grant Application RESOLUTION 7481 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE APPLICATION FOR AND RECEIPT OF GRANT FUNDS FOR THE ORANGE COUNTY COMMUNITY RESOURCES PUBLIC FACILITIES AND IMPROVEMENTS GRANT FUNDED THROUGH THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR IMPROVEMENTS TO THE NORTH SEAL BEACH COMMUNITY CENTER WHEREAS, the City of Seal Beach desires to improve the North Seal Beach Community Center to enhance public services and facilitate upgrades for energy efficiency and accessibility; and, WHEREAS, the City of Seal Beach submitted an application under FY 2024-25 for Public Facilities and Improvements Request for Application Bid No. 012-24010605-NC proposing improvements to the North Seal Beach Community Center; and, WHEREAS, the City of Seal Beach desires to accept the Community Development Block Grant (CDBG) funds if awarded, and authorizes the execution of the necessary agreements, contracts, and amendments and other corresponding documentation to accept the CDBG funds. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City of Seal Beach hereby authorizes the City Manager or her designee to submit an application for an award of CDBG funds through the County’s Urban Counties Program, which will be used to support the North Seal Beach Community Center Public Facilities and Improvements Project under Bid No. 012-24010605-NC; and to accept any grant funds awarded. Section 2. The City of Seal Beach hereby authorizes the City Manager to execute, for and on behalf of the City of Seal Beach, the necessary agreements and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for the application, acceptance of and participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. 012-24010605-NC. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January, 2024 by the following vote: 8 6 4 9 AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7481 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January, 2024. Gloria D. Harper, City Clerk Attachment A Application OC HOUSING & COMMUNITY PUBLIC FACILITIES & IMPROVEMENTS FY 2024-25 APPLICATION Bid # 012-24010605-NC SUPPORTING DOCUMENTS CHECKLIST Applicants must submit complete Public Facilities and Improvements Applications electronically to Nina Campmas (hereinafter may also be referred to as “Contract Administrator”) via www.OpenGov.com, RFA No. 012-24010605. Please confirm all Parts with supporting documentation are submitted prior to the RFA deadline. Applicants may submit Applications for one PF&I service requested in this RFA. A separate Application is required for each service component. Capitalized terms not otherwise defined in the body of this Attachment A (Applica tion) will have the meanings set forth in the body of the RFA. Applicants must answer all questions within each section as applicable, as outlined in the following key: ALL APPLICANTS MUST COMPLETE PART I APPLICANTS SUBMITTING APPLICATIONS FOR PUBLIC FACILITIES & IMPROVEMENTS MUST COMPLETE PART II PART I: MINIMUM REQUIREMENTS & ALL APPLICANTS MUST COMPLETE PART I AND PART II A: Applicant Information B. Applicant Profile C: Project Information D: Organizational Background E: Civil Rights Laws Compliance and HUD Standing F: Signature and Assurances PART II: PUBLIC FACILITIES & IMPROVEMENTS (PUBLIC FACILITIES & IMPROVEMENTS APPLICANTS MUST COMPLETE PART I AND PART II) A: Priority Needs, HUD Eligibility Requirements and National Objective OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 2 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC B: Leveraging and Project Budget C: Performance Objectives and Outcomes D: Organizational Project Capacity and Experience E: Organizational/Project Readiness F: Environmental Information Form Supplemental Document Instructions: Parts requesting supplemental or narrative information should be formatted per the following: 1. Each response must be typewritten; double-spaced; and in Arial font, size 12-point print. 2. Not to exceed one (1) page per question. 3. Responses should include the question and be concise but detailed enough to address what is being asked. 4. Failure to completely answer all items and/or provide the required documents may result in your application being disqualified from consideration. 5. Hardcopies of Single Audit Reports and/or Audited Final Statements will not be accepted. Electronic copies of these documents must be uploaded via www.OpenGov.com as a separate attachment from the Application. 6. For your convenience, the Application will be available on OpenGov.com in Word format to allow for responses to be provided directly on the Application. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 3 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC A. APPLICANT INFORMATION 1. Applicant Name: City of Seal Beach Address: 211 8th Street City/State/Zip: Seal Beach, CA 90740 Phone: (562) 431 - 2527 x 1313 Fax: Applicant Website: sealbeachca.gov Email: asmittle@sealbeachca.gov *UEI Number: J2JWJVWQ8EA6 *D-U-N-S Number: 060752607 _ W-9(Federal ID Number): 95-600794 *The County requires a valid UEI number and DUNS number upon application submittal. If needed, your organization may obtain one at no cost at SAM.gov and www.dnb.com. 2. Authorized Person: For the purposes of this RFA, the “Authorized Person” is the individual within your organization who has the authority to enter into a contract. The authorized person will be copied on all correspondence. Authorized Person’s Name: Jill R. Ingram Authorized Person’s Title: City Manager (i.e., Executive Director, Organization’s Signature Authority) Phone: (562) 431-2527 x 1300 Fax: Email: jingram@sealbeachca.gov ☒ Check here if the address for the Authorized Person is the same as that of the organization. Address: City/State/Zip: 3. Contact Person: For the purpose of this RFA, the “Contact Person” will be the primary recipient for all correspondence related to this RFA. The contact person should be available to respond to any inquiries throughout the RFA process. Contact Person’s Name: Alexa Smittle Contact Person’s Title: Community Development Director Phone: (562) 431-2527 x 1313 Fax: Email: asmittle@sealbeachca.gov PART I OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 4 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC ☒ Check here if the address for the Contact Person is the same as that of the organization. Address: City/State/Zip: OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 5 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC B. APPLICANT PROFILE 1. Applicant’s Legal Name: City of Seal Beach 2. Business Address: 211 8th Street Seal Beach, CA 90740 3. Telephone Number: (562) 431-2527 x 1313 Fax: 4. Website Address: sealbeachca.gov Email Address: asmittle@sealbeachca.gov 5. Years in Operation: 108 Length of time in current location: 108 6. Is your firm: City of Seal Beach Non-Profit 501(c)(3) ☐Yes ☒No For-Profit ☐Yes ☒No Local Government ☒Yes ☐No Faith-based ☐Yes ☒No Sole Proprietorship ☐Yes ☒No If yes, indicate if doing business under a different name: Incorporated ☒Yes ☐No If yes, State of Incorporation: California OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 6 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC C: PROJECT INFORMATION 1. Project T itle: North Seal Beach Community Center Improvements Project Project Address: 3333 Saint Cloud Drive City/State/Zip: Seal Beach, CA 90740 FY 2024-25 Public Facilities & Improvements Amount Requested • Maximum funding amount for Public Facilities and Improvements is $150,000 with no leveraged funds and $350,000 with 20% leveraged funds. The Orange County Urban County Program is comprised of 1 2 cities with populations under 50,000 (participating cities). The 12 participating cities include Brea, Cypress, Dana Point, Laguna Beach, Laguna Hills, Laguna Woods, La Palma, Los Alamitos, San Juan Capistrano, Seal Beach, Stanton, and Villa Park. Along with 2 participating metro cities with populations over 50,000 – Placentia, and Yorba Linda, which are funded using their own HUD allocation and are exempt from the RFA process. 2. Urban County Program a. Is your agency a participating city in the County of Orange Urban County Program that will be submitting an application as part of this RFA? ☒ YES ☐ NO b. If not, since only one (1) Application per jurisdiction, per year for Public Facilities and Improvements will be accepted, please attach written documentation (from an authorized person) from either the participating city or the County of Orange OCCR/HCD advising the County to accept your proposal as part of this RFA. 3. Provide a detailed summary description of your project. The North Seal Beach Community Center (NSBCC or Center) is a vital resource for the residents of Seal Beach, serving our lower-resourced senior population through Meals on Wheels OC, free lunch café, take home meals, and inclusive free senior activities; it serves as a working space for local student philanthropic organizations such as the National Charity League, National League of Young Men, and Boy Scouts; and is host to a range of affordable Recreation classes that are serve to the community of Seal Beach and other neighboring cities. The OC Public Library is next door to the NSBCC, and contributes to a synergy of community $ 350,000 OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 7 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC service between the two facilities. The City’s free senior shuttle (1,500+ participants) stops at the NSBCC due to its convenient location, providing simple and free access to and from this facility to the various neighborhoods and services, such as grocery stores and pharmacies. Built in 1968, the 3,688 SF building is in dire need of modernization to meet the growing needs of the community. A 2011 Griffin Structures, Inc. assessment noted that this facility needs investment, particularly as the Center does not provide appropriate Americans with Disabilities Act (ADA) access. This proposed project will address issues of accessibility, functionality, and sustainability. The NSBCC will upgrade interior and exterior lighting to energy-efficient fixtures; reconfigure the kitchen to consolidate appliances for energy efficiency and create a better space for meal programs; enhance operable exterior doors to encourage outdoor usage and capacity; upgrade doors from single pane to dual pane glass for efficiency and resiliency; rehabilitate restrooms to include water efficient fixtures; and implement ADA compliant upgrades to increase to improve equitable access for all. The proposed project is a critical investment serving the surrounding areas. The project will create a modern, accessible, and sustainable center that will serve the needs of residents, in particular, low-resource seniors, for years to come. We are confident that this project will have a significant positive impact on existing users, and encourage new users to participate in the programs and services offered at the NSBCC. C: PROJECT INFORMATION (Continued) 4. Minority-Owned and Women-Owned business (MBE/WBE/DBE) a. Will this project provide an opportunity to hire MBE and/or W BE and or DBE business? ☒Yes ☐No OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 8 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC b. Describe all actions your organization has taken in support of HUD’s goal to p rovide Opportunities to MBE/W BE/DBE’s. The City has a history of hiring MBE/WBE/DBE and will be contracting with a Sourcewell contractor for this project. Sourcewell bids locally, under the California Public Contract Code, thereby notifying businesses including DBE, WBE, and MBE of the project opportunity. The City has sought to attract minority and women-owned businesses in the past through the use of PlanetBids. The postings on PlanetBids includes the solicitation of qualified small and minority-owned businesses and women-owned. Currently, the City contracts with CivicStone, a women-owned business, for the facilitation of the day-to-day operations for the federal Community Development Block Grant funds to provide a bathroom accessibility program for the Leisure World Community. 5. Section 3 Section 3 is a provision of the Housing and Urban Development Act of 1968. (24 CFR Part 75) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. a. Will this project report labor hours for Section 3 business es or employees? ☐Yes ☒No b. Describe all actions your organization has taken in support of HUD’s goal to p rovide opportunities to Section 3 businesses. PlanetBids has a vendor preference option for DBE’s. The posting on PlanetBids satisfies Requirements 1 and 2 of the CFR 200.321 requirements of contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms. The posting placed qualified small and minority businesses and women’s businesses enterprises on solicitation OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 9 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC lists and assured that small and minority businesses and women’s business enterprises are solicited whenever there are potential sources. D: ORGANIZATIONAL BACKGROUND Answer each question below in approximately one to four paragraphs, not to exceed one (1) page per question. If a specific question is not applicable to your organization, please answer with “Not Applicable”. Each response must be typewritten; double- spaced; and in Arial, size 12-font. Your responses should include the question, be concise but detailed enough to address what is being asked. For your convenience, the Application will be provided on OpenGov in Word format to allow for responses to be provided directly on the Application. 1. Does your organization expend $750,000 or more a year in federal funds? ☒ Yes ☐ No 2. Is the applicant a Non-Profit organization? ☐ Yes ☒ No 3. Describe the organization’s goals, objectives, and mission. The City of Seal Beac h serves the community providing for public safety, infrastructure systems, parks and facilities, recreation, land use planning, access to resources, and opportunities for residents and businesses to thrive. The City of Seal Beach values excellent customer service, mutual respect, teamwork, professionalism, and honest and ethical behavior. 4. Provide a brief description of your organization’s accounting sys tem and controls in place. The accounting system is Tyler Technologies ’ product, Incode ERP. The system is utilized for Accounts Receivable, Accounts Payable, Cashiering, Payroll, Utility Billing, General Ledger, and Budget. City staff includes seven positions within the Finance Department , with training, oversight, and redundancies built in to manage all financial processes. As a City, all funds are public funds, and receive annual third-party audits. Adopted Budgets and audits are available on the City’s website and transactions are made available monthly as a part of OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 10 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC City Council meetings. The City adheres to all Government Accounting Standards Board (GASB) standards. 5. Describe the organization’s fund development method. The City has one General Fund which is not restricted for specific use, two Proprietary Enterprise Funds for Water and Sewer, and the remaining funds are Special Revenue funds that are restricted to each fund’s guidelines. The City has participated in a Community Development Block Grant (CDBG) program for 17 years, providing bathroom upgrades to low-income residents to facilitate aging in place. All financial transactions related to this CDBG program are maintained in a single fund identified in the City’s Annual Adopted Budget. 6. List the person(s) who have legal authority to sign contracts and other l egal documents, payment requests, and checks related to this Application. Provide a copy of the Board Resolution/Meeting Minutes which grants signing authority to these individuals for all contracts, amendments, extensions, and renewals resulting from this RFA process. Seal Beach City Manager, Jill R. Ingram will have the legal authority to sign contracts and other legal documents, payment requests, and checks related to this application. This application will be brought to the attention of the Seal Beach City Council on January 22, 2024, granting Jill R. Ingram as the signing authority for this application. 7. Audit Requirements as defined in Section I.H. of the RFA: Audits must be conducted by an independent CPA and must include a description of corrective action taken for any findings identified by the auditor, both of which will be reviewed by the OC Housing & Community Development Accounting Manager or designated staff. Submit required audited documents electronically via OpenGov.com as it relates to your organization: a. Applicants who have expended Federal funds in excess of $750,000 are required to submit two (2) years of Single Audit reports (FY 2020/21 and FY 2021/22). Refer to Section II.D.2. of the RFA document for more details related to Single Audit requirements. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 11 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Or b. Applicants who are not subject to Single Audit reports requirements are required to submit two (2) years of audited financial statements (FY 20 20/21 and FY 2021/22). Audited Financial Statements will include: • Balance Sheet (Statement of Financial Position) – Including all supporting schedules (i.e., Detailed Aged Payables, Aged Receivables, Notes Payable, etc.) • Income Statement (Profit and Loss Statement) • Statement of Cash Flow • Retained Earnings • Any footnotes to the statements. Submit Single Audit reports and Audited Financial Statements electronically via OpenGov.com as a separate attachment from the Application. Paper copies will not be accepted. 8. In the past ten years, has your organization ever had its non-profit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board? If yes, please provide an explanation. (Proof of Non-Profit Status or Business License.) Not Applicable. 9. Current/Past Litigation or Judgements: Has your organization been sued in the last five (5) years? If yes, provide detailed information regarding litigation (Court and case number), judgements involving your organization(s) or any company your organization holds a controlling interest in, or any company that holds an interest in your organization(s), or any of the principal officers of the organization(s). Not Applicable. 10. Current/Past Liens or Monetary Judgements: In the last five (5) years, has your organization had any liens or monetary judgements issued against your organization or any company your organization holds a controlling interest in, or any company that holds an interest in your organization, or any of the principal officers of the organization. Include in your response date of lien(s)/judgement(s) issued, date closed, dollar amount(s) and description/explanation. The County, at its discretion, may request additional information or back-up material. Not Applicable. 11. Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations? If yes, please provide an explanation. Not Applicable. 12. Have any unfavorable rulings been handed down by any court against your organization or OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 12 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC executive director in the past five years? If yes, please provide an explanation. Not Applicable. 13. Does your organization currently have any unresolved fiscal, reporting or program issues with any of its funding sources? If yes, please provide an explanation. Not Applicable. 14. Provide an organizational chart of your organization, including key staffing for the project. The Public Works Department will oversee implementation of this grant. Public Works Director Iris Lee and Deputy Director/City Engineer Kathryne Cho will oversee all aspects related to the proposed project. Director Lee and Deputy Director Cho have over 32 combined years of managing publicly funded projects including substantial grant-funded projects such as Seal Beach Pier emergency repairs, Seal Beach Tennis and Pickleball Center renovation, Newport Beach Marina Park, Orange County Fire Authority Station #61 in Buena Park, Grant Howald Park Rehabilitation Project, Annual playground improvement projects, Newport Beach & Balboa Pier Maintenance, Streetlight conversions, and various other facilities projects. Ancillary support will be provided by Associate Engineer David Spitz, as well as Community Development Director Alexa Smittle and Recreation Manager Tim Kelsey, who oversee all programing and activities at the NSBCC. Director Smittle has managed CDBG-funded efforts for two Orange County communities over the past six years, including CDBG-CV program funds. A citywide organizational chart is included below. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 13 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC 15. Provide a copy of your organization’s Board of Director’s list. The City of Seal Beach government is an organization dedicated to serving the people and businesses of our community. Seal Beach’s Mayor is selected annually from among OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 14 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC the City Council Members and is charged with running the City Council meetings and representing the City throughout the community and region. The Council also elects a member to serve as Mayor Pro Tempore. The current City Council is comprised of Mayor Schelly Sustarsic, Mayor Pro Tem Lisa Landau, Council Member Thomas Moore, Council Member Joe Kalmick, and Council Member Nathan Steele. 16. If your organization is a non- profit, please. Provide a copy of your organization’s 501(c)(3) Tax Exempt Letter. Also provide an IRS tax-exempt letter dated no later than December 2022, or a Certificate of Status provided by the Secretary of State, Business Programs Division. Online Certificates of Status can be found on the Internet at: http://www.sos.ca.gov/business/pdf/be_ircform.pdf. (Process may take up to 24 calendar days). In the event your Letter is not available by the due date, attach your current letter as a place holder, along with a copy of the request form. The new Tax-Exempt letter must be submitted as soon as available, and no later than April 1, 2024. Not Applicable. 17. Provide a copy of your organization’s Articles of Incorporation and By-Laws. A copy of the City’s Charter can be found at: https://www.sealbeachca.gov/Portals/0/Documents/CITY%20CHARTER%20- %202014%20Final.pdf?ver=2016-02-10-112102-057 or attached with our submission. 18. Provide a copy of the minutes of your organization’s board meeting where the proposed project was discussed. This application will be brought to the Seal Beach City Council on January 22, 2024. 19. Provide IRS 990 form “Return of Organization Exempt from Income Tax”, if applicable. Not Applicable. E: CIVIL RIGHTS LAWS COMPLIANCE AND HUD STANDING 1. Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 15 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC ☐Yes ☒No 2. If you have been a recipient under either of these programs, has your organization experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Division Homeless Program? ☐Yes ☒No If you answered “Yes,” please attach a brief description of the circumstances and outcomes. 3. Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuits instituted by the U.S. Department of Justice; (2) Any non -compliance with civil rights statutes, Executive Orders or regulations as a result of for mal administrative proceedings, unless the applicant is operating under a HUD- approved compliance agreement designed to correct the area of non-compliance or is currently negotiating such an agreement; (3) Any unresolved secretarial charge of discrimination issues under Section 810 (g) of the Fair Housing Act, as implemented by 24 CFR 103.400; (4) Any adjudication of a civil rights violation in a civil action brought against the agency by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of non-compliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations 24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of the above five situations exist within your agency/organization, please attach a brief description. None of these situations exist. Authorized Signature Date Jill R. Ingram City Manager Print Name Title F: SIGNATURES AND ASSURANCES APPLICANT NOTE: AUTHORIZATION FOR SIGNATURES WILL BE PRESENTED TO THE CITY COUNCIL ON JANUARY 22, 2024. The City has a long history of cooperation and timely performance with the County of Orange for use of CDBG funds. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 16 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC 1. Non-Discrimination: This agency will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiv ing food, services, or shelter paid for by this grant. 2. Accountability: W e commit this agency, of a grant is received, to provide all reports to the County of Orange as required; to expend monies only on eligible cost’ to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County of Orange; to cooperate with monitoring or s ite visits, and; to provide complete documentation of expenses to the County of Orange, if requested, by the required date. 3. Non-collusion: This Application is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not herein named; the Applicant has not directly induced or solicited any other Applicant to put in a sham Application, or any other person, firm or corporation to refrain from submitting a Application; the Applicant has not in any manner sought by collusion to secure for him/herself an advantage over any other applicant. We affirm that all information in this Application is true and correct to the best of our knowledge and that the Applicant under our authority will execute its responsibility under the proposed contract and fully adhere to all other applicable rules and regulations possible. First Authorized Person Signature Date Jill R. Ingram City Manager Print First Authorized Person’s Name Title Second Authorized Person Signature Date Print Second Authorized Person’s Name Title F: SIGNATURES AND ASSURANCES (Continued) 4. I am authorized by my Board of Directors, Trustees, or other legally qualified officer to submit this application on behalf of the “Applicant.” 5. Applicant is not currently on any Federal, State of California or local Debarment List. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 17 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC 6. Applicant will provide records to show fiscal solvency, if required. 7. Applicant will meet all applicable Federal, State, and local compliance and regulatory requirements including, but are not limited to the following: a. Ensuring that records accurately reflect actual performance b. Maintaining record confidentiality, as required c. Reporting financial, participant, and performance data, as required d. Meeting requirements of Section 504 of the Rehabilitation Act of 1973 e. Meeting all applicable labor laws, including Child Labor Law standards f. Meeting all lobbying certification and disclosure of lobbying activities requirements. I recognize that I must give assurance for each item above, ‘a’ through ‘f’, as applicable. If I cannot, this Application will be automatically rejected. 8. Applicant will not use funds for customers in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Signature Required Date Signed Jill R. Ingram City Manager Print Name Print Title F: SIGNATURES AND ASSURANCES (Continued) 9. Validity of Application The County requires that all Applications be valid for at least three hundred sixty-five (365) days from this RFA’s closing date. Applications which are not valid for at least three hundred sixty-five (365) days will be considered non-responsive and subject to rejection. Applicant hereby certifies that the Application is valid for three hundred sixty-five (365) days from the RFA Closing Date. Signature Required Date Signed Jill R. Ingram City Manager Print Name Print Title 10. Certification of Understanding The County assumes no responsibility for any understanding of the Applicant or representation made by any of the County’s officers, employees, or agents during or prior to the execution of any Contract resulting from this RFA unless: OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 18 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC a. Such understanding or representations are expressly stated in the final executed contract; and b. The final executed contract expressly provides that the County assumes such responsibility. By signing below, Applicant certifies that such understanding has been considered in this Application. Signature Required Date Signed Jill R. Ingram City Manager Print Name Print Title 11. Minimum Qualifications Statement Applicant hereby certifies that it meets all minimum qualifications and requirements as set forth in this RFA. Signature Required Date Signed Jill R. Ingram City Manager Print Name Print Title F: SIGNATURES AND ASSURANCES (Continued) 12. Certificate of Insurance Applicant hereby certifies Applicant’s willingness and ability to provide the required insurance coverage and certificates as set forth in the attached Model Contract, by signing below. Signature Required Date Signed Jill R. Ingram City Manager Print Name Print Title 13. Conflict of Interest Applicant hereby certifies that: (I) Applicant has provided the County with the disclosures required in (a) and (b) below as part of its Application, or (II) that no relationships as outlined in (a) and (b) exist. a. Disclose any financial, business, or other relationship with the County, any other entity that the County Board of Supervisors governs, or any County Board member, officer, or employee, which may have an impact, effect, or influence on the outcome of the services you propose to provide. Provide a list of current clients, employees, principals, or shareholders (including family members) who may have OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 19 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC a financial interest in the outcome of services you propose to provide. b. Disclose any financial, business, or other relationship within the last three (3) years with any firm or member of any firm who may have a financial interest in the outcome of the work to be performed under the RFA or Model Contract. Signature Required Date Signed Jill R. Ingram City Manager Print Name Print Title F: SIGNATURES AND ASSURANCES (Continued) 14. Statement of Compliance A statement of compliance with all parts of this RFA or a listing of exceptions and suggested changes must be submitted in response to this RFA. Applicant hereby certifies (Applicant must certify either a or b by signing below): a. This Application is submitted in strict compliance with the terms and requirements of the RFA and by submitting this Application, Applicant agrees to all terms and requirements of the RFA including, but not limited to, the terms and conditions set forth in the Model Contract and its Attachments and Exhibits that are made part of Section IV of the RFA, and no exceptions are proposed. Signature required OR b. This Application is submitted in strict compliance with the terms and requirements of the RFA, including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits that are made part of Section IV of the RFA, except for those exceptions expressly listed as required by this RFA and attached hereto. Signature required The parts for each proposed exception to this RFA, including, but not limited to Section IV – Model Contract, must include: 1. The complete provision Applicant is taking exception to; 2. The RFA page number and section of the provision Applicant is taking exception to; 3. The suggested rewording by way of track changes (Microsoft Word format); OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 20 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC 4. Reason(s) for submitting the proposed exception; and 5. A description of any impact the proposed exception may have on the services to be provided. 15. Exceptions to the RFA Requirements Exceptions that the Applicant has to any of the RFA requirements must be discussed under this section. Exceptions will be reviewed by OC Community Resources (OCCR) staff to evaluate the qualifications of the Applicant to meet program and service requirements. The OCCR reserves the right to reject a Application that is not consistent with the requirements of this RFA. PART II: PUBLIC FACILITIES & IMPROVEMENTS A: PRIORITY NEEDS, HUD ELIGIBILITY REQUIREMENTS AND NATIONAL OBJECTIVE Responses to all questions/sub questions in Part II are required. For your convenience, the Application will be available on OpenGov.com in Microsoft Word format to allow for responses to be provided directly on the Application. 1. Please provide a comprehensive description of the project’s (1) priority, (2) sub-activity, (3) population(s) to be served, (4) accomplishment level, (5) services to be provided, and (6) explain how project meets the HUD Eligibility Requirements and a National Objective (LMC, LMA or LMH). Include in this Part, clear photo(s) of the project area(s) and include explanation. If this project is located in multiple areas, only submit up to four (4) photos of different project areas and include explanation. Priority. A 2011 assessment of the building recommended substantial investment take place no later than 2016. The assessment found the need for extensive ADA-compliant improvements such as access through entry points, the kitchen, restrooms, and a drinking fountain. These improvements are within the proposed project, which would not be possible without grant assistance. Sub-activity. The project will enhance use of the facility, most notably the operation of the kitchen and open area for meal preparation and distribution to low-income seniors. The NSBCC is also used for no- and low-cost recreation programming. PART II OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 21 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Services Provided and Population Served. The City provides a free shuttle service for seniors directly to this location along with other major City stops, which is a vital resource for seniors. The NSBCC is the closest Community Center to the city's low-resource senior living community, providing free senior activities, Meals on Wheels OC, and congregate and to-go meals to in-need community members. The Center also provides meeting and workspace for local philanthropic groups. With the proposed improvements, the center can better facilitate services to the community with the prospect of reaching more residents with the added ADA improvements and functional expansion into the outdoor patio area. National Objective. The proposed improvements to the Center benefit the National Objective, Low Mod Area Benefit (LMA). The improvements to the Center will expand on the uses of the free senior activities, Meals on Wheels OC, and congregate and to-go meals for LMI residents. The number of LMI residents can increase after the improvements to the center, allowing for a more accessible Community Center for residents with mobility restrictions. The improvements to the NSBCC meet the HUD Eligibility Requirements and National Objective by improving a public facility that can enhance the public services to the residents. The enhancements to the facility include interior and exterior lighting upgrades using energy efficiency lighting throughout, kitchen remodel to consolidate appliances using more energy efficient measures and creating a better workspace for the meal programs conducted on site, enhanced operable doors to improve ADA access and encourage outdoor usage by expanding programmable, usable OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 22 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC space. Slider upgrades will replace existing non-insulated, single plane glass with dual panel glazing, restroom rehabilitation to include low-flow, water efficient fixtures, interior wall patching and repainting throughout, exterior fascia and beam repairs to prevent potentially irreversible damage to the building roof system, landscaping, signage, and ADA upgrades throughout for better visibility, flow, and access throughout the community center. 2. Answer the following: a. Summarize the Scope of Work for your project. This scope of work outlines the project specifications for the renovation of the NSBCC. This project aims to revitalize the center and transform it into a hub for the community with interior and exterior improvements: Kitchen – Make ADA Compliant - New dual oven and hood, new countertops, sink and faucet, additional outlets - New LED lighting fixtures - Refinish existing cabinets, new hardware with new flooring and backsplash - Reorganize/arrange to maximize useability for meal programming Women’s Restroom – Make ADA Compliant - New sink, counter, faucet, and mirror and LED light fixtures - New tile on floors and walls, and new partitions Entry Flooring - Remove damaged flooring and match with new flooring Exterior and Interior LED – Improve Energy Efficiency - New LED lights to replace all existing lights Glass Doors – Improve Energy Efficiency OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 23 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC - Remove existing sliding doors, and add new French doors Drinking Fountain – Make ADA Compliant - Remove the wall around the drinking fountain and apply new drywall and flooring Exterior Wood Beams and Fascia - Cut off overhang joint tailings, repair and reseal - Remove all existing fascia and damaged plywood and replace it with new Landscape - Installation of two up lights and signage - Plant drought-resistant plants, new soil, and new irrigation system - New concrete pad on the side of the building for trash and updated bench Exterior and Interior Paint - Prepare and protect all surfaces walls, fascia, doors, and trim for prime and paint - Small patchwork where needed b. Describe why this project is needed and cite evidence to substantiate the need. The North Seal Beach Community Center faces two critical challenges, equitable accessibility for individuals and inefficient energy use. Griffin Structures, Inc. Assessment Report noted that this community facility is one of the city facilities that needs updating through their detailed review and analysis. By making ADA upgrades, such as installing operable doors to encourage outdoor usage and expanding programmable space, replacing entry flooring that currently serves as a trip hazard, and removing walls to make center features accessible, the NSBCC can ensure each participant will have equitable access for the community programs and activities. Additionally, energy-efficient upgrades, like installing dual panel glazing, low-flow water efficient fixtures in the restrooms, kitchen remodeling to OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 24 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC consolidate appliances using more energy efficient measures, interior and exterior lighting upgrades using energy efficiency lighting throughout will help reduce the carbon footprint and lower operational costs of the NSBCC. The improvements will contribute to better visibility, flow, and access throughout the NSBCC and create a more sustainable future. c. Describe how the project preserves a low and moderate-income neighborhood or provides other community benefits. Improvements to the NSBCC will benefit low- and moderate-income residents. Lower-income seniors are primary users of the Center, due to its proximity to Leisure World, and identified low-resource community. Both meal distribution and congregate meals for low-income residents take place at the NSBCC through the City’s partnership with Meals on Wheels OC. Furthermore, these residents gain access to free or affordable recreational activities and opportunities. The Center has become a safe and welcoming space for social interaction combating isolation and fostering positive engagement. The City is seeking to be able to serve a broader segment of the community through the proposed improvements, while also reducing the Center’s impact on the environment. 3. HUD Demographics: a. Does this project help prevent homelessness? ☐Yes ☒No b. Does this project help the homeless? ☒Yes ☐No Note: the project supports a facility that provides services to lower -income community members, which can include the homeless, but is not directly targeted to that population. c. Does this project help those with HIV or AIDS? ☐Yes ☒No d. Does this project primarily help persons with disabilities? ☐Yes ☒ No 4. Refer to Priorities below: Projects may address more than one community development need; however, in order to be considered as addressing a “High Priority ” community development need, the OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 25 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Application/project must meet the High Priority Needs Level identified by the Urban County, see Priority Preferences - High Priority Needs below. Projects with a low needs level may not be considered for funding this fiscal year. A: PRIORITY NEEDS, HUD ELIGIBILITY REQUIREMENTS AND NATIONAL OBJECTIVE (Continued) PRIORITY PREFERENCES- HIGH PRIORITY NEEDS The County has identified the following high priority community development needs for the use of CDBG funds during Fiscal Years 2020-2024: a. Senior Centers b. Homeless Facilities c. Neighborhood Facilities d. Water/Sewer Improvements e. Street Improvements f. Sidewalk Improvements g. Urgent Need Source: FY 2020-24 Consolidated Plan Low Priority activities may not eligible for funding under this RFA. 5. Answer each question below in approximately one to four paragraphs. a. Based upon your description of this project in Part II.A: Priority Needs, HUD Eligibility Requirements and National Objective, state how your organization will address meeting a priority need with your performance and outcomes. In your description, state how your performance objectives and performance outcomes apply to the project’s beneficiaries and specifically explain how this project will affect the beneficiaries. The improvements to the NSBCC address the high-priority community development needs of both a neighborhood facility and a senior center. The NSBCC demographic includes the senior community members who utilize the services through the neighborhood facility of meals, activities, and programs. According to the U.S. Census Bureau, senior community members (65 and above in this dataset) make up about 11,000 residents in Seal Beach alone, which is nearly 44 percent of the total population. Seal Beach seniors have a median age of 74 and a median household OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 26 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC income of $43,298. This figure excludes senior residents in nearby Rossmoor and Los Alamitos who may also utilize the Center for senior programming and events. The enhancements to the NSBCC will positively affect the beneficiaries as it will help increase accessibility, promote health and well-being, and foster social connection, ultimately creating a vibrant and inclusive community within the Center. Through the outcomes of the enhancements with the NSBCC, the services can be enhanced to support a wider population in a more efficient manner. b. Describe what tools your organization will utilize to measure this project’s effect on the intended beneficiaries. In your description include how your organiz ation will measure its success in meeting the needs of the project’s beneficiaries. The City tracks quantitative data including number of participants in programs and trends within the programming. The City will continue to work with data from sources through Recreation enrollment, Meals on Wheels OC registered users, and the City’s senior transportation enrollment. These sources can offer insights into the service utilization, outcomes, and accessibility challenges before and after the improvements to the NSBCC. The City will also continue to utilize qualitative data collection through observation and ethnographic studies, observing how senior citizens interact with their environment and participate in community activities, which can help provide valuable insight into their needs and preferences for the Center. City Recreation staff observes the interactions and participation of the senior citizens through the offered recreation classes. The City will track performance metrics to help define key performance indicators aligned with the City and HUD national objectives, to measure the effectiveness of the investment in the Center, including greater use by individuals requiring greater levels of accessibility. The City would also like to partner with the OC OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 27 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Library to improve coordination between the two facilities. c. Describe the specific population that your project will serve (i.e., low to m oderate-income). Low-resource senior citizens in Seal Beach are a diverse group with unique challenges and opportunities. These individuals range between 65 and to over 100 years of age with a mix of married couples, widows/widowers, and singles, most of whom live independently in their own homes, primarily relying on social security, pensions, and retirement savings. A significant portion of their income goes toward housing, potentially causing financial strain. Many have chronic health conditions and face high healthcare expenses, and many have limited access to reliable and affordable transportation which can cause major obstacles accessing essential services like healthcare and nutrition assistance. Seal Beach provides a variety of resources to support senior citizens within the North Seal Beach Community Center through Meals on Wheels OC, and transportation and assistance programs. In addition, the City has a strong track record of working closely with the senior population, including a long- running bathroom renovation program, utilizing CDBG program funds to provide low- income seniors with bathroom improvements that facilitate aging in place, including walk-in bathtubs, grab bars, and high-boy toilets. d. Describe the intended benefits to the population being served (i.e., preservation of a low to moderate-income neighborhood). The proposed project will greatly improve the functionality of the NSBCC. Providing free meals, transportation, and community services to low-resource senior citizens offers a multitude of benefits, addressing their physical, social, and emotional well- OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 28 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC being. Free nutritional meals can prevent health problems associated with poor diets, potentially reducing healthcare costs in the long run. Access to free nutritional meals can combat depression, anxiety, and loneliness, improving mental well-being. Access to reliable and affordable transportation allows seniors to independently access essential services like healthcare needs, grocery shopping, and social activities. Additionally, transportation assistance enables seniors to connect with friends and community resources, reducing isolation and fostering social engagement. Free transportation removes transportation barriers, allowing seniors to actively participate in community events. By addressing their physical, social, and financial needs, the free services provided to our low-resource senior citizens promote a higher quality of life allowing them to flourish. Access to essential resources and community services fosters a sense of dignity and respect among seniors, empowering them to live independently and contribute meaningfully to their communities. Free meals and transportation services alleviate financial burdens associated with food and travel, allowing seniors to allocate their limited resources toward other necessities. A: PRIORITY NEEDS, HUD ELIGIBILITY REQUIREMENTS AND NATIONAL OBJECTIVE (Continued) ELIGIBLE BLOCK GROUPS 6. Is the project/activity Limited Clientele (LMC)? Yes ☐ No ☒ If LMC, please include address and or map of improved locations. 7. Is the project/activity Low/Mod Housing (LMH)? Yes ☐ No ☒ 8. Does the project/activity serve Low/Mod Area (LMA)? Yes ☒ No ☐ ELIGIBLE BLOCK GROUP – If your project’s national objective is Low Mod OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 29 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Area (LMA) please complete the table below. Eligible census tract(s) and block group(s) is required in this section if you are qualifying for a low to moderate-income area (LMA). Visit the following website to obtain census information : https://geomap.ffiec.gov/FFIECGeocMap/GeocodeMap1.aspx. ELIGIBLE BLOCK GROUP TABLE Eligible Block Groups Eligible Census Tracks Number of Low to Moderate-Income Population Total of Population Percentage of Low to Moderate-Income Population LMA 0995.09 1299 3832 33.90 LMA 0995.10 1522 4359 34.92 LMA 1100.08 1802 4571 39.42 9. If a project’s boundaries are not within an Eligible Block Group, please answer the following questions: a. Have you submitted a survey to HUD? Date survey submitted to HUD: ______________ Yes ☐ No ☐ b. Did HUD approve your survey? Please attach a copy of the approval letter from HUD. Projects cannot be awarded funding without a survey approved by HUD. Yes ☐ No ☐ B: LEVERAGING AND PROJECT BUDGET FY 2024-25 Resource Value (Leveraging) Resources such as professional services should be valued at a fair -market rate. Buildings and equipment should also be valued at the fair-market rental value. Volunteer time should be valued at $10.00 per hour. 1. Complete Leveraging Table a. Type of resource to complete a specific project activity. b. Project activity necessary to complete the project. c. What is the source of the leverage? d. Leverage value earmark ed for FY 2024-25. e. Attach leveraging letters LEVERAGING TABLE FY 2024-25 OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 30 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Type of Resource Project Activity Source of Leverage Leverage Value Staffing Project Management and Inspections City General Fund $63,624.11 Total Leveraging $63,624.11 *Maximum number of points awarded to projects demonstrating dollar amount of leveraged resources. LEVERAGING CERTIFICATION I certify on behalf of City of Seal Beach and attes t that all leveraged (Agency Name) resources contained in Part II: B, have not been previously used for other project(s) and that all information contained in Part II: B is true and accurate to the best of my knowledge. Authorized Signature Date B: LEVERAGING AND PROJECT BUDGET (Continued) FY 2024-25 PROJECT BUDGET Complete P roject Budget Table below by listing the specific activities that will be paid for by Urban County funds and your leveraged dollars for each phase of this project. • Maximum funding amount for Public Facilities and Improvements (PF&I) project - $350,000 with 20% leveraged funding. • Maximum funding amount for Public Facilities and Improvements (PF&I) project funding is $150,000 without 20% leveraged funding. FY 2024-25 CDBG funding may increase or decrease based on HUD’s final allocation of CDBG funds to the Urban County/Housing and OC Housing & Community Development. W e estimate a total of $2,400,000 may be available for PF&I projects. 2. Complete Project Budget Table below. PROJECT BUDGET TABLE – FY 2024-25 Example Project Costs Urban County Funds Leveraged Resources Total Accomplishments Project Activity: Bathroom Renovation $33,088.32 $0 $33,088.32 3,164 people Project Activity: Concrete pad for trash $2,450.92 $0 $2,450.92 3,164 people Project Activity: Exterior LED $25,932.05 $0 $25,932.05 3,164 people OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 31 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Project Activity: Exterior Paint $32,167.65 $0 $32,167.65 3,164 people Project Activity: Flooring in Entry $4,009.49 $0 $4,009.49 3,164 people Project Activity: General $15,358.70 $0 $15,358.70 3,164 people Project Activity: Swinging Glass Door $44,950.15 $0 $44,950.15 3,164 people Project Activity: Interior Lights $21,961.85 $0 $21,961.85 3,164 people Project Activity: Interior Paint $29,478.30 $0 $29,478.30 3,164 people Project Activity: Kitchen Updates $33,237.15 $0 $33,237.15 3,164 people Project Activity: Kitchen Cabinets $35,855.54 $0 $35,855.54 3,164 people Project Activity: Landscaping $13,458.52 $0 $13,458.52 3,164 people Project Activity: Water Faucet $1,491.89 $0 $1,491.89 3,164 people Project Activity: Wood Repairs $24,679.68 $0 $24,679.68 3,164 people Project Activity: Project Management and Inspections $0 $63,624.11 $63,624.11 3,164 people Total Project Cost $318,120.53 $63,624.11 $381,744.32 3. Provide a detailed description of each project activity listed in above table. The bathroom renovations include the equipment for the renovation, updated mirror, sink, countertop, backsplash, LED lights, and partitions. The concrete pad for trash includes rebar for new concrete, dowels to secure the new concrete to the existing, a new pad for the dumpster, a base for the slab, and the excavation and compaction of the base. The exterior LED includes 60 LEDs, and 68-watt recessed mount fixtures. The exterior paint includes the equipment for both exterior floors, walls, and windows with primer and paint. The flooring in the entry includes the flooring and underlayment for the entrance to the Community Center. General includes all the equipment needed for the renovations of the Community Center. The swinging glass doors include the removal of existing sliding doors with new dual swing glass doors. Interior lighting includes the removal of the fluorescent lighting with new LED downlighting. Interior paint includes the equipment for interior floors, walls, and windows, with paint and primer. The kitchen updates include new handles, backsplash, laminate flooring, wall base, new oven, venting range hood, new countertop, new sink, electrical wiring, boxes and OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 32 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC outlets, and new LED lighting. Kitchen Cabinets include the supplies needed for refinishing the current cabinets. Landscaping includes LED lights, irrigation systems, and new plants and bushes. The water faucet includes the removal of the walls around the faucet and new flooring and drywall. The wood repairs include bondo, primer, and paint for the wooden exposed beams. Project Management includes the overall construction of the Community Center with inspections to ensure all improvements are up to City code and compliance. C: PERFORMANCE OBJECTIVES AND OUTCOMES 1. Using the definitions below, complete the Performance Objectives and Outcomes Table by stating project activity, output, performance objectives and performance outcomes. Activity Identify project activities geared towards completing project, set quantifiable units of accomplishments (e.g., planning, construction, inspections). Output Identify project outputs such as proposed units of accomplishments (what do you hope to achieve from your project, e.g., complete 1,000 linear feet of sidewalk). Performance Objectives a. Suitable Living Environment: In general, this objective relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment. b. Decent Affordable Housing: The activities that typically would be found under this objective are designed to cover the wide range of housing possible under CDBG . This ob jective focuses on housing programs where the purpose for the project is to meet the individual family or community needs and not programs where the housing is an element of a larger effort. c. Creating Economic Opportunities: This objective applies to the types of activities related to economic development, commercial revitalization, or job creation. Performance Outcomes a. Availability/Accessibility: This outcome category applies to activities that make services, infrastructure, housing, or shelter available or accessible to low a nd moderate-income people, including persons with disabilities. In this category, accessibility does not refer only to physical barriers, but also to making the affordable basics of daily living available and accessible to low and moderate- income people. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 33 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC b. Affordability: This outcome category applies to activities that provide affordability in a variety of ways in the lives of low and moderate-income people. It can include the creation or maintenance of affordable housing, basic infrastructure hook-ups, or services such as transportation or day care. c. Sustainability (Promoting Livable or Viable Communities): This outcome applies to projects where the activity or activities are aimed at improving communities or neighborhoods, helping to make them livable or viable by providing benefit to persons of low and moderate -income or by removing or eliminating slums or blighted areas through multiple activities or services that sustain communities or neighborhoods. C: PERFORMANCE OBJECTIVES AND OUTCOMES (Continued) 1. Please complete the Performance Objectives and Outcomes Table below. PERFORMANCE OBJECTIVES AND OUTCOMES TABLE Activity Outputs Performance Objectives Performance Outcomes Construction ADA Compliant Access points (Walkways/ Doorways) Suitable Living Environment Availability/Accessibility Sustainability Construction ADA Compliant Utilities Suitable Living Environment Availability/Accessibility Sustainability Construction Energy Efficient Kitchen Appliances / Kitchen reorganization to support meal distribution Suitable Living Environment Sustainability Affordability Accessibility Construction Energy Efficient Restroom Appliances Suitable Living Environment Sustainability Affordability Construction Glazing on Fixtures Suitable Living Environment Sustainability Affordability Construction Energy-Efficient Lighting Suitable Living Environment Sustainability Affordability OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 34 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Construction Removal Trip Hazards Suitable Living Environment Availability/Accessibility Sustainability D: ORGANIZATIONAL/PROJECT CAPACITY AND EXPERIENCE 1. Has your organization received funding for this type of activity during the previous three years? Yes ☐ No ☒ Note: City has not received facilities project funding, but has received program funding, the most recent contracts for funding are included below. These went to support the low-income senior bathroom renovation program. If you answered, “Yes”, complete Previous Funding Table below by identifying the contract number, award amount, program income, if generated; and any unspent funds. If you answered “No” above, submit a letter signed by this application’s authorized person that identifies one reference from three different funding sources fr om whom you have received funding in the past three years. The letter must include contact information for the three references (funding source), the amount of funding awarded from each reference, explanation of the use of funds, duration of funding awarded, and state whether contractual performance measures were achieved. PREVIOUS FUNDING TABLE Year Contract Number Award Amount Program Income Generated (If Applicable) Unspent Funds from Award 2023-24 012-23011220 $180,000 N/A $0 2023 012-23010639-CV $300,000 N/A $0 2022-23 22-23-0005-HR $180,000 N/A $0 2. Describe the role of key administrators, staff members, contractors, and volunteers within your organization and their role in implementing the proposed project. Include experience, education, and licensing qualifications in your description. The key administrators are the City Manager, Community Development Director, Public Works Director, and Deputy Public Works Director. Elected officials authorize the work and create policies to support the community and direct staff to execute programs to support the policies. Iris Lee, the Public Works Director will be overseeing all aspects of the proposed Project, with support from the Deputy Public Works Director, Associate Engineer, Community Development Director, and Recreation OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 35 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Manager. The Public Works Director, Deputy Public Works Director and Associate Engineer have a combined 45 years of executing public works projects. All three are licensed Professional Engineers (P.E.). Projects include emergency repairs of the Seal Beach Pier; several facility and park renovations; playground improvement projects; streetlight conversions; and a variety of water, sewer, and stormdrain infrastructure projects. The Community Development Director has multiple years of experience administering CDBG funds for both programs and development projects, including the bathroom renovation program as well as affordable housing development projects, rental assistance projects, and a variety of community programs. The City’s Recreation Manager has been overseeing day-to-day operations of the NSBCC and associated programming for over 10 years. The City has not yet retained a contractor for this project, but will solicit bids as described earlier in this application upon confirmation of project award. 3. Describe the organization’s experience administering this type or similar project. The City conducts capital projects, infrastructure system enhancement, and facility repair or enhancement as a part of day to day operations led by the Public Works Department. These projects range from road slurry-seals to stormwater pump repair to playground replacement projects. Many of these projects are grant funding, and the City is highly experienced in managing unique funding sources as a part of construction management. Currently, the same staff team for the proposed project, led by Public OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 36 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Works with support from Recreation and Community Development, is administering a $1.5 million rehabilitation project for the City’s Tennis and Pickleball facility. The project is funded through federal grant dollars (American Rescue Plan Act) and includes significant improvements to the community clubhouse, relocation of the restrooms, demolition of a severely dilapidated structure, and other property improvements. Other recent activities include a pier restoration project following significant winter storm damage in early 2023 (FEMA funding) and a cooperative sand replenishment project facilitated locally by Public Works and executed by the Army Corps of Engineers (Federal funding). 4. Describe the reason why funds remain unspent in the Previous Funding Table above. Include an explanation of how the organization intends to complete the project. Not applicable. The City has an excellent track record of completing expenditures on time. 5. Please submit a copy of your most recent audit (within the last two years) by an independent CPA and a description of corrective action taken for any findings identified by the auditor, both of which will be reviewed by the OC Housing & Community Development Accounting Manager or designated staff. Applicants who have expended Federal funds in excess of $750,000 are required to submit two (2) years of Single Audit reports (FY 2020/21 and FY 2021/22). Refer to Section II.D.2. of the RFA document for more details related to Single Audit requirements. Or Applicants who are not subject to Single Audit reports requirements are required to submit two (2) years of audited financial statements (FY 2020/21 and FY 2021/22). D: ORGANIZATIONAL/PROJECT CAPACITY AND EXPERIENCE (Continued) Audited Financial Statements will include: • Balance Sheet (Statement of Financial Position) – Including all supporting schedules (i.e. Detailed Aged Payables, Aged Receivables, Notes Payable, etc.) • Income Statement (Profit and Loss Statement) • Statement of Cash Flow OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 37 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC • Retained Earnings • Any footnotes to the statements. Submit Single Audit reports and Audited Financial Statements electronically OpenGov.com as a separate attachment from the Application. Paper copies will not be accepted. Applicants who have expended Federal funds in excess of $750,000 please see PART I: D: Organizational Background, Item 7. E: ORGANIZATIONAL/PROJECT READINESS 1. Project milestones are an effective method of demonstrating overall project readiness. Enter the date the milestone action was completed in column 1. If the milestone action is in progress, enter the star t and end dates in columns 2 and 3. If the action is not applicable to your project, check column 4. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 38 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC ORGANIZATIONAL/PROJECT READINESS CHART 1 Action Complete 2 Action In Progress Start Date 3 Action In Progress End Date 4 Actio n N/ A Milestone Actions A. Governing Body approval to apply for funds 01/22/2024 01/22/2024 B. Minute Order/Board Resolution 01/22/2024 01/23/2024 C. Project found in current annual budget Prior to acceptance of funds Staffing/Consultant assigned for design/ Implementation Internal staff is assigned Contractors will be established subsequent to award. Contractor selection initiated within 2 weeks of award Contractor selection and approval within 8 weeks of award (estim.) D. Feasibility Study X Design Administered in house Project in concept phase Administered in house RFA/RFQ process administered X Consultant contract with design engineer negotiated X Final plans and specifications written 90% PS&E completed. Will finalize within 2 weeks of grant award. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 39 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Finals plans and specifications approved Will approve within 3 weeks of grant award. Environmental Approvals (CEQA/NEPA) Environmen tal analysis completed. Will file within 2 weeks of grant award. E. Acquisition/Rehabilitation Contractor selection and approval within 8 weeks of award (estim.). Pending material procurement construction is anticipated to be completed in 3 months. 2. Include in your application documentation regarding all completed milestone actions (i.e., Minute Order/Board Resolution, public hearing notice, closed session notice and/or Agenda) and applicable documentation for Milestone Actions, A through E. All Applicants must immediately schedule meetings with your authority boards to ensure, if selected, all council/board approvals must be submitted prior to contract signing by your agency. Please include any prepared staff report as a response to this RFA and identify your council/board schedule meeting date. The item will be brought to the City Council on Monday, January 22, 2024, authorizing acceptance of the project grant, should it be awarded. Any subsequent OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 40 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC needs for City Council approvals will be scheduled immediately for quick action. E: ORGANIZATIONAL/PROJECT READINESS (Continued) For Applicants: When submitting to your council/board approval via a resolution/board approval-minutes, should include: [Sample Council/Board Resolution] The [agency name] submitted (or will be submitting) an application under FY 2024-25 FOR PUBLIC FACILITIES & IMPROVEMENTS REQUEST FOR APPLICATION BID NO. 012-24010605-NC. The [agency name] desires to accept the award of CDBG funds and authorizes the execution of the necessary agreements, contracts and amendments and other corresponding documentation to accept the CDBG funds. NOW, THEREFORE, THE [agency name], HEREBY, RESOLVES, AND ORDERS AS FOLLOWS: 1. The [agency name] hereby accepts the award of CDBG funds through the County’s Urban Counties Program, which will be used to support the [agency name] Public Facilities & Improvements [project name] Project under Bid No. 012-24010605-NC. 2. The [agency name] authorizes the [ Individual Title ] or his/her designee to execute, for and on behalf of the [agency name], the necessary agreements(s) and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. 012-24010605- NC. 3. Include in your application a written status for all milestone actions marked as “In Progress.” Include supporting documentation to support progress. This application will be brought to the attention of the Seal Beach City Council on Monday, January 22, 2024, granting Jill R. Ingram the signing authority for this application with the City Council's approval to apply for the funding. The agenda for the January 22, 2024, City Council meeting will be posted by Wednesday, January 17th on the City’s website at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings. The City Council resolution approving Jill R. Ingram, the signing authority for this application will be made available on Tuesday, January 23, 2024. Environmental approvals and applying for CEQA exemption will need Council approval on January 22, 2024, and will require 30 days for posting. Acquisitions and rehabilitation will take OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 41 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC place at the start of fiscal year 2024 for the rehabilitation of the North Seal Beach Community Center. The rehabilitation will include the bathroom renovation, concrete pad for trash, exterior LEDs, exterior paint, flooring in the entryway, swinging glass doors, interior lights, interior paint, kitchen upgrades, kitchen cabinets, landscaping, water faucets, and wood repairs. 4. Include in your application a brief explanation as to why a given milestone action is not applicable to the project, if necessary. The improvements made do not necessitate a new design; therefore, a design consultant is not necessary. Many government agencies share contracting efforts through cooperative purchasing in an effort to maximize cost savings, staff resources, and expedite the public bidding process. The City of Seal Beach is a member of Sourcewell (formerly the National Joint Powers Alliance), which competitively bids construction tasks with pre-set unit prices and specifications for general construction services, including materials, equipment, and labor costs. The City’s municipal code Section 3.20.025(D) provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications. F: ENVIRONMENTAL INFORMATION FORM OC Housing & Community Development and Community Services 1501 E. Saint Andrew St, First Floor, Santa Ana, CA 92705 Environmental Information Form NEPA (24 CFR Part 58) Project Title: North Seal Beach Community Center Improvement Project Program Activity (ies): Meals on Wheels, Seal Beach Recreation, Community, Leisure World, National Charity League, National League of Young Men Name of Subrecipient: Not Applicable. Fund Type (s): ✓ CDBG  HOME  ESG  NSP  OCHA/Operating Reserves  CoC  General Fund Contract Number (s): Sourcewell EZIQC Contract No: CA-R8-GB13-123021-MDJ OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 42 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Contract Amount: $350,000 Project Location: (Provide precise address and include Census Tract No... If confidential, please insert “Suppressed” and provide Census Tract No.) 3333 Saint Cloud Drive Seal Beach, CA 90740 1003 BG 1 Project Activity Level Description: (Please provide in detail the level of services you provide or the scope of rehabilitation and/or construction your project will involve. If needed, please use attachments.) (Projects involving new construction, rehabilitation or acquisition activities must complete the Supplemental Site Information portion of this form) - Interior and exterior lighting upgrades using energy-efficient lighting throughout. - Kitchen remodel to consolidate appliances using more energy-efficient measures. - Enhanced operable doors to encourage outdoor usage and expand programmable/usable space. Slider upgrades to replace existing non-insulating, single-plane glass with dual-panel glazing. - Restroom rehabilitation will include low-flow, water-efficient fixtures. - Interior wall patching and repainting throughout. - Exterior fascia and beam repairs to prevent potentially irreversible damage to the building roof system. - Landscaping, signage, and ADA upgrades throughout for better visibility, flow, and access throughout the community center. Existing Environmental Conditions: (Please, describe the surrounding environment around your project) The project encompasses a small portion of the existing The Shops at Rossmoor shopping center, located at 3333 St. Cloud Drive, in the City of Seal Beach (APN 086-492-16). The project site is located on the south westernmost portion of the shopping center lot on Saint Cloud Drive and Montecito Road. The subject site is located in the PS (Public and Semipublic Facilities) Zone and is surrounded by GC (General Commercial) and RHD-46 (Residential High Density – 46) zones. Previous Governmental Actions/Approvals Received on your Project: (If applicable, please list and attach a copy of any discretionary approvals you received on your project from a City or other County Agency.) OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 43 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Not applicable. Discretionary Approval(s) Needed From City/County to Complete your Project(s): This application will be brought to the attention of the Seal Beach City Council on January 22, 2024. I hereby declare that the statements furnished above, including any exhibits attached hereto represent all information required for this assessment. Said statements together with any exhibits attached hereto are true and correct. ____________________________________City Manager___________________________________ Signature Title Date Supplemental Site Information PLEASE PROVIDE ALL KNOWN INFORMATION AS REQUESTED – CHECK ALL BOXES THAT APPLY All PF&I Activities must include site photos and site plan Please see photos below, and attached site plan. Proposed Project Type: Community Center Rehabilitation OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 44 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC 1. LOCATION AT 3333 ST. CLOUD DRIVE, SEAL BEACH, CA NSBCC OC LIBRARY OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 45 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC 2. EXTERIOR OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 46 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC 3. INTERIOR PHOTOS (LACK OF MEAL PREP SPACE, UNEFFICIENT APPLIANES, LACK OF ADA FEATURES OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 47 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Description of the Application: Include all contemplated actions, which logically are either geographically, or functionally a composite part of the project, regardless of the source of funding. [24 CFR 58.32, 40 CFR 1508.25] The improvements proposed for this project would be categorically exempt under California OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 48 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC CEQA guidelines as a 15301 (Existing Facilities) class 1(a) for interior and/or exterior alterations as it is a restoration or rehabilitation of existing facilities and will have negligible impacts on the environment. No project aggregation is necessary for this project. F: ENVIRONMENTAL INFORMATION FORM (Continued) Proposed Site: Zoning Designation: PS (Public and Semi-Public Facilities)__________________ General Plan Land Use Designation: Community Facility _________________________________ Is project in a floodplain? __No___________ FEMA Map No: 06059C0114K_________ (attach copy) Existing Use(s): ☐ Vacant ☐ Residential ☒ Commercial ☐ Industrial Other:____________________ ____________________________ Size of Site: 0.22__ Acres 9,772 Sq. Ft. Assessor’s Parcel No: 086-492-16______ Age of Existing Structures: _____55______ years Year built: 1968 OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 49 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Prior Use(s)/Development(s): ☐ Residential ☐ Industrial ☒ Commercial ☐ Agriculture Other:____________________ If residential use, number of units: Proposed _____________ Existing _______________ Studio # of Units __________ 1 Bedroom # of Units___________ 2 Bedroom # of Units _________ 3 Bedroom # of Units _________ 4+Bedroom # of Units_______ Total Number of Units: __________________ Total Number of Buildings: ______________________ Existing Conditions and Trends: Describe the existing conditions of the project area and its surroundings. [24 CFR 58.40(a)] The project site is located within a built-out and completely urbanized area along Seal Beach Boulevard and St. Cloud Drive. The project site currently is used as a community center located south of the vicinity of the Shops at Rossmoor Commercial Center. The project site is an area that is completely urbanized and is generally surrounded by commercial uses to the north and east, with residential land uses to the north, south, and west. The project site is located in the PS (Public and Semipublic Facilities) Zone and is surrounded by GC (General Commercial) and RHD-46 (Residential High Density – 46) zones. The project site is situated adjacent to the Orange County Library – Los Alamitos/Rossmoor Branch which is temporarily closed for renovations. The improvements proposed for this project would be categorically exempt under California CEQA guidelines as a 15301 (Existing Facilities) class 1(a) for interior and/or exterior alterations. F: ENVIRONMENTAL INFORMATION FORM (Continued) Is current zoning and use appropriate for the proposed site? If not, present a plan for obtaining any discretionary approvals. No change of use is proposed, current zoning and land use are appropriate. OC Housing & Community Development Public Facilities & Improvements Application PF&I – FY 2024-25 OC Community Resources Page 50 of 50 PF & I APPLICATION RFA Bid # 012-24010605-NC Prior Analysis: Have there been any prior Environmental Reviews completed for the proposed site or project within the last five (5) years. If yes, please attach copies of the Environmental Review. ☐ Yes ☒ No Has the site been involved in any other applications previously submitted to this office? ☐ Yes ☒ No Title of Prior Application: __________________________________________________________ Applicant’s Name: _____________________________________________________________ Eventual Result: ☐ Project Not Funded ☐ Project Funded $_____________________________________ ☐ Project Completed Date Completed ________________ ☐ Project Cancelled Date Cancelled _________________ Describe why project was cancelled: Not applicable. Agenda Item N AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving Surfside Colony Emergency Sand Berm Construction Expenditure Reimbursement by Surfside Colony, Ltd., and Budget Amendment BA #24-07-01 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7482: 1. Approving Surfside Colony Emergency Sand Berm Construction expenditure reimbursement in a not-to-exceed amount of $22,000; and, 2. Approving Budget Amendment #BA 24-07-01 in the amount of $22,000. BACKGROUND AND ANALYSIS: On September 26, 2022, City Council adopted Resolution 7331, approving a Professional Services Agreement for Surfside Beach Cleaning, Maintenance, and Berm Construction with Surfside Colony, Ltd. (“Surfside”). This Agreement reimburses Surfside for cleaning and trash/debris removal from the Surfside public beach as well as an annual sand berm construction. The size and location of the berm that Surfside constructs is largely dependent on the current geometry of Surfside Beach. If there is a large, wide beach, the winter berm can be placed further from the homes and the berm can be smaller if the beach is narrow. The width of the public beach at Surfside can vary based on the timing of a federal nourishment project called the Orange County Beach Erosion Control Project. The project is designed to nourish Orange County beaches from Surfside/Sunset Beach down to the Newport Beach Harbor entrance. The project provides over 1 million cubic acres of sand. This has been an ongoing project since the 1960s as approved by the Rivers and Harbors Act of 1962. Each nourishment event has been labeled as a “stage” of the overall project. The stages were designed to be implemented every five to seven years, as this was deemed the necessary timeline to protect the Orange Council beaches from severe erosion. Page 2 1 7 0 9 The last stage implemented by the Army Corps of Engineers was Stage 12 in 2008. It has been over 15 years since the last beach nourishment stage. Stage 13 was recently mobilized in December 2023. In late December 2022 through early 2023, California experienced a series of 13 atmospheric rivers resulting in heavy rainstorms and high surfs flooding coastal communities, including Surfside Colony. Due to the narrowing of Surfside Beach from overdue beach nourishment, Surfside proceeded to construct an emergency sand berm to protect the coastal frontage. In FY 2022-2023, Surfside incurred sand berm construction costs of over $33,000, a majority of the cost was attributed to emergency work. Surfside submitted a not- to-exceed amount of $22,000 reimbursement request for emergency sand berm construction work that was in excess of the annual berm construction allocation. It is expected that with the completion of the current Stage 13 beach replenishment in Spring 2024, Surfside Colony sand berm construction needs will be reduced. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of Surfside Colony, Ltd. expenditure reimbursement will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7482: Page 3 1 7 0 9 1. Approving Surfside Colony Emergency Sand Berm Construction expenditure reimbursement in a not-to-exceed amount of $22,000; and, 2. Approving Budget Amendment #BA 24-07-01 in the amount of $22,000. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E., Associate Engineer ATTACHMENTS: A. Resolution 7482 B. Surfside Financial Summary of Berm Construction C. Surfside Berm Construction Receipts RESOLUTION 7482 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING EXPENDITURES FOR COSTS ASSOCIATED WITH EMERGENCY BERM CONSTRUCTION BY SURFSIDE COLONY, LTD. AND APPROVING BUDGET AMENDMENT BA #24-07-01 WHEREAS, on September 26, 2022, City Council adopted Resolution 7331 approving a Professional Services Agreement for Surfside Beach Cleaning, Maintenance, and Berm Construction with Surfside Colony, Ltd. (“Surfside”); and, WHEREAS, in late December 2022 through early 2023, California experienced a series of 13 atmospheric rivers resulting in heavy rainstorms and high surfs; and, WHEREAS, Surfside constructed an emergency sand berm in response to the winter storms to help mitigate flooding and damage to Surfside Colony; and, WHEREAS, Surfside has submitted a reimbursement request to the City for additional costs incurred from the emergency sand berm construction in excess of the amount paid to Surfside for annual sand berm construction. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Surfside emergency sand berm expenditures in a not-to-exceed amount of $22,000 to reimburse Surfside. Section 2. The City Council hereby approves Budget Amendment #BA 24-07- 01 allocating $22,000 from General Fund reserves to the Tidelands Contract Professional account as follows: PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7482 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024. Gloria D. Harper, City Clerk Surfside Colony Ltd.11:08 AM Account QuickReport05/22/23 July 1, 2022 through May 22, 2023Accrual Basis Type Date Num Name Memo Amount 6,834.58 629 ꞏ Berm Construction Expense Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill Bill 01/16/2023 22103... 22097... 22097... 22097... 22097... 22097... 22097... 22097... 22097... 22097... 22097... 22156... 22156... 22156... 22156... 22156... 22233... 22233... 22233... 22233... 22233... 22233... 22233... 22233... 22233... 22233... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Ecco Equipment Co... Berm Build 12/5 - 12/7/22 01/24/2023 01/24/2023 01/24/2023 01/24/2023 01/24/2023 01/24/2023 02/02/2023 02/02/2023 02/02/2023 02/02/2023 02/27/2023 02/27/2023 02/27/2023 02/27/2023 02/27/2023 05/16/2023 05/16/2023 05/16/2023 05/16/2023 05/16/2023 05/16/2023 05/16/2023 05/16/2023 05/16/2023 05/16/2023 8.5 hours Operator $130.00 per hour 8.5 hours Fuel Recovery $96.00 per hour 8.5 Dozer 205 HP OT .50 hours Delivery 1,105.00 816.00 705.50 32.50 750.00 Tax 117.92 Equipment Charge - Berm Build 1/16 thru 1/18/23 (7 hr... Operator Charge Miscellaneous Charges - Pickup Fee ($750), Fuel Reco... Sales Tax Equipment Operator Delivery/Pickup Sales Tax Miscellaneous 8.0 @ $144. OP 4/17/23 8.0 @ $141. DSL 4/17/23 8.0 @ $169. 300-359 HP CRAWLER 4/17/23 8.00 @ $144.00 OP 4/18/23 8.0 @ $141. DSL 4/18/23 8.0 @ $169. 300-359 HP CRAWLER 4/18/23 4.0 @ $144. OP 4/19/23 4.0 @ $141. DSL 4/19/23 4.0 @ 169. 300-359 HP CRAWLER 4/19/23 SALES TAX 2,075.00 3,380.00 3,150.00 346.82 840.00 1,200.00 1,500.00 124.00 760.00 1,152.00 1,128.00 1,352.00 1,152.00 1,128.00 1,352.00 576.00 564.00 676.00 485.15 Total 629 ꞏ Berm Construction Expense TOTAL 33,302.47 33,302.47 Page 1 Job Site: 1417 N SUSAN STREET LOCATION 001 SANTA ANA, CA 92703 714-554-4851 SURFSIDE COLONY, LTD ANDERSON ST & S PACIFIC AVE SUNSET BEACH, CA 90742 Page: 1 Remit To: ECCO EQUIPMENT COMPANY, LLC P.O. BOX 51379 LOS ANGELES, CA 90051-5679 OPERATED INVOICE 221036-0001 C#: 562-592-2352 J#: 562-592-2352 Invoice\# ... Invoice ~ate 1/16/23 12/05/22 Customer: 9609 SURFSIDE COLONY, LTD PO BOX 235 SURFSIDE, CA 90743 Equip # Make Model 5758 CAT D6R XL Date Ticket # Eqp/Itm # 12/05/22 331810 OP 12/05/22 331810 FUEL 12/05/22 331810 5758 12/06/22 331811 OP 12/06/22 331811 FUEL 12/06/22 331811 5758 12/07/22 331812 OP 12/07/22 331812 FUEL 12/07/22 3'31 812 5758 12/07/22 331812 DELIVERY 12/07/22 331812 PICKUP --· Date outl .. . Date in .... . Job Loe .... . Job No ..... . P.O. # ..... . Ordered By .. 1/16/23 ANDERSON ST 001 2326150 PENDING TODD Serial# II SLOPE AAX01550 ., ... __ .,.,,... Description OPERATOR FUEL RECOVERY DOZER 205 HP OPERATOR FUEL RECOVERY DOZER 205 HP OPERATOR FUEL RECOVERY DOZER 205 HP DELIVERY PICKUP Hr/Qty 8.00 8.00 8.00 7.00 7.00 7.00 4.00 4.00 4.00 1. 00 1. 00 Price 130.00 96.00 83.00 130.00 96.00 83.00 130.00 96.00 83.00 350.00 350.00 EQUIPMENT CHG: OPERATOR CHG: MISCELLANEOUS: SALES TAX: INVOICE TOTAL: CALIFORNIA • NEVAOA • ARIZONA • UTAH • IDAHO • NORTH DAKOTA 7:30 AM 9:39 AM & S PACIF: Amount 1040.00 768.00 664.00 910.00 672.00 581.00 520.00 384.00 332.00 350.00 350.00 1577.00 2470.00 2524.00 263 .58 6834.58 EQUl~ENT RECE.IVEO SU~ECT TO CONDITIONS ON REVERSE SlDE J x The Undersigned acknowledges that he/her has r'ead the printed material on the reverse side of'"this document and agrees to be bound thereby. Please sign ONE copy and return at once to Lessor in the envelope provided. Retain ONE copy for your records. SEE REVERSE FOR TERMS AND CONDITIONS. x SIGNATURE FORECCO Tenns: Payment Due Upon Raceipl: A ServlCG Charge of 1.5% (18% per annum) will be applied to balances over 30 days old. 1417 N SUSAN STREET LOCATION 001 SANTA ANA, CA 92703 714-554-4851 Page: Remit To: ECCO EQUIPMENT COMPANY, LLC P.O. BOX 51379 LOS ANGELES, CA 90051-5679 1 Job Site: OPERATED INVOICE SURFSIDE COLONY, LTD ANDERSON/ PACIFIC COAST HIGHWAY SUNSET BEACH, CA 90742 C#: 562-592-2352 J#: 562-592-2352 Invoice # ... Invoice \dii3-te Date <;>ut' .. . 220972-0002 2/02/23 1/09/23 7:00 AM Customer: 9609 Date in .... . 2/02/23 3:50 PM SURFSIDE COLONY, LTD PO BOX 235 SURFSIDE, CA 90743 Job Loe .... . Job No ..... . P.O. # ..... . Ordered By .. ANDERSON/ PACIFIC COA~ 001 2326171 PENDING TRESSA Equip # Make Model Serial# 5704 CAT D6T XL LAY00423 '"'"'''"'"" .,,.,... Date Ticket # Eqp/Itm # Description Hr/Qty Price Amount x 1/16/23 331814 OP OPERATOR 7.00 130.00 910.00 1/16/23 331814 FUEL FUEL RECOVERY 7.00 96.00 672.00 1/16/23 331814 5704 DOZER 205 HP 7.00 83.00 581. 00 1/17/23 331815 OP OPERATOR 10.00 130.00 1300.00 1/17/23 331815 FUEL FUEL RECOVERY 10.00 96.00 960.00 1/17/23 331ai5 5704 DOZER 205 HP 10.00 83.00 830.00 1/17/23 331815 OT OVERTIME 2.00 65.00 130.00 1/18/23 331816 OP OPERATOR 8.00 130.00 1040.00 1/18/23 331816 FUEL FUEL RECOVERY 8.00 96.00 768.00 1/18/23 . 331816 5704 DOZER 205 HP 8.00 83.00 664.00 1/18/23 331816 PICKUP PICKUP 1. 00 750.00 750.00 EQUIPMENT CHG: 2075.00 OPERATOR CHG: 3380.00 MISCELLANEOUS: 3150.00 SALES TAX: 346.82 INVOICE TOTAL: 8951.82 -·· CALIFORNIA • NEVADA • ARIZONA • UTAH • IDAHO • NORTH DAKOTA EQUIPMENT RECEIVED SUBJ ECT . TO CONDITIONS ON REVERSE SIDE 1 The Undersigned acknowledges that he/her has read the printed material on the reverse side of. this document and agrees to be bound thereby. Please sign ONE copy and return at once to Lessor in the envelope provided. Retain ONE copy for your records.' SEE REVERSE FOR TffiMS AND CONDITIONS. x SIGNATURE FORECCO Terms: Payment Due Upon ~calpt: A Sarvic:e Charge of 1.5% (18% par annum) will be applied to balance& over 30 days old. Job Site: 1417 N SUSAN STREET LOCA TlON 001 SANTA ANA, CA 92703 714-554-4851 SURFSIDE COLONY, LTD ANDERSON/ PACIFIC COAST HIGHWAY SUNSET BEACH, CA 90742 C#: 562-592-2352 J#: 562-592-2352 Customer: 9609 SURFSIDE COLONY, LTD PO BOX 235 SURFSIDE, CA 90743 Page: 1 Remit To: ECCO EQUIPMENT COMPANY, LLC P.O. BOX 51379 LOS ANGELES, CA 90051-5679 OPERATED INVOICE Invoice# ... Invoice\date Date OU~ •.•• Date in .... . Job Loe .... . Job No ..... . p .o. # ..... . Ordered By .. 220972-0001 1/24/23 1/09/23 7:00 AM 1124/23 1:07 PM ANDERSON/ PACIFIC COAE 001 2326171 PENDING TRESSA Equip # Make Model Serial# 5704 CAT D6T XL LAY00423 Date Ticket # Eqp/Itm # OP Description OPERATOR Hr/Qty 8.50 8.50 8.50 Price Amount 1105.00 816.00 705.50 32.50 750.00 1/09/23 1/09/23 1/09/23 1/09/23 1/09/23 -·· 331813 331813 331813 331813 3318.13 FUEL 5704 OT DELIVERY FUEL RECOVERY DOZER 205 HP OVERTIME DELIVERY .so l. 00 130.00 96.00 83.00 65.00 750.00 EQUIPMENT CHG: OPERATOR CHG: MISCELLANEOUS: SALES TAX: INVOICE TOTAL: CALIFORNIA • NEVADA * ARIZONA • UTAH • IOAHO • NORTH DAKOTA 705.50 1137.50 1566.00 117 .92 3526.92 . EQUl~ENT'i~ECEl~~o SUBJECT TO CONDtilONS ON ru:YERSE SIDE I --------~-------------------------------------------------------I x The Undersigned acknowledges that he/her has ·r!;!ad the printed material on the reverse ~Ide c1f this document, and agrees to be bound thereby. Aease sign ONE copy and return at once to Lessor in the envelope provided . Retain ONE copy for your records. SEE REVERSE FOR TERMS AND CONDITIONS. x SIGNATURE FORECCO Tenns: Payment Due Upon ~lpt : A Service Charge of 1.5% (18% per annum) will be applied to balances over 30 days old. 1417 N SUSAN STREET LOCATION 001 SANTA ANA , CA 92703 714-554-4851 Page: 1 Remit To: ECCO EQUIPMENT COMPANY, LLC P.O. BOX 51379 LOS ANGELES, CA 90051-5679 Job Site: OPERATED INVOICE SURFSIDE COLONY, LTD ABDERSON / PACIFIC COAST HIGHWAY SUNSET BEACH, CA 90742 C#: 562-592-2352 J#: 562-592-2352 Invoice # ... Invoice date Date out ... . 221568-0001 2/27/23 Customer: 9609 Date in .... . 2/22/23 6:00 AM 2/27/23 12:04 PM SURFSIDE COLONY, LTD PO BOX 235 SURFSIDE, CA 90743 Job Loe .... . Job No ..... . P.O. # ..... . Ordered By .. ABDERSON / PACIFIC COl 001 2326170 PENDING CHRESSA Equip # Make Model Serial# 5577 CAT D6T LGP KJL00699 Date Ticket # Eqp /Itm # Description Hr/Qty Price Amount x 2/22/23 331959 2/22/23 331959 2/22/23 331959 2/22/23 331959 2/22/23 331959 OP OPERATOR 8.00 150.00 FUEL FUEL RECOVERY 8.00 95.00 5577 DOZER LGP 205 HP 8.00 105.00 DELIVERY DELIVERY 1. 00 750.00 PICKUP PICKUP 1. 00 750.00 EQUIPMENT CHG: OPERATOR CHG: MISCELLANEOUS: SALES TAX: INVOICE TOTAL: CALIFORNIA * NEVADA * ARIZONA * UTAH * IDAHO * NORTH DAKOTA EQUIPMENT RECEIVED SUBJECT TO CONDITIONS ON REVERSE SIDE 1200.00 760.00 840.00 750.00 750.00 840.00 1200.00 2260.00 124.00 4424.00 The Undersigned acknowledges that he/her has read the printed material on the reverse side of this document and agrees to be bound thereby . Please sign ONE copy and return at once to Lessor in the envelope pro vided. Retain ONE copy for yo ur records. SEE REVERSE FOR TERMS AND CONDITIONS. x SIGNATURE FOR ECCO Tenns: Payment Due Upon Receipt : A Service Charge of 1.5% (18 % per annum) will be applied to balances over 30 days old. Page: 1 )~(~(~() 1417 N SUSAN ST SANTA ANA , CA 92703 P hon e : 714-5 54-485 1 Remit To: ECCO EQUIPMENT COM PANY , LLC P .O . BO X 5 1 37 9 Customer: 9609 S URFSIDE COL ONY , LT D P O BOX 235 S URF S IDE, CA 90743 Job Site: SUR FSI DE COLONY , LTD AN DER SON /PAC IFI C COAST HIGHWAY SUN SET BE ACH , CA 90742 Equip # Make Model 58 1 0 CA T DST Dat e T i c ke t # Eqp/Itm # 4 /1 7 /23 327656 OP 4/17/23 327656 DS L 4 /1 7/23 327656 5810 4/18 /23 327657 OP 4/1 8/23 327657 DSL 4/1 8/23 327657 5810 4 /1 9/23 3 27658 OP 4/19/23 327658 DSL 4/1 9/23 327658 5810 LOS AN GELES , CA 900 51 -5679 OPERA TED INVOICE Invoice #... 222335 -0002 Invoice date 5/16/23 Date out .... 4/17/23 7:00 AM Date in..... 5/16/23 2: 14 PM Job Loe ..... ANDERSON /PACIFIC COAST , SUNS Job No ...... 00012301091 P.O. # •••... PENDING Ordered By .. CHRESSA Terms ....... Net 30 Days Sa l es Rep .. . Written by .. EZ95M B Serial# KP Z02300 Descr ipt ion Hr /Qty P rice Amount OPERATOR 8.00 1 44 .00 1152 . 00 DIES EL RED 8.00 1 4 1.00 1128 .00 300-359 HP CRAWLER D 8 .00 1 69 .00 1352 .00 OPERATOR 8 .00 1 44 .00 1152. 00 DIESEL RED 8 .00 1 41 .00 1128 . 00 300 -35 9 HP CRAWLER D 8.00 1 69 .00 1 352.00 OPERA TOR 4.00 144 .00 576.00 DIESEL RED 4.00 14 1.00 564 .00 300-359 HP CRAWLER D 4.00 1 69.00 676 .00 EQUI PMENT CHG : 3380 .00 OPERATOR CHG: 2880 .00 MISC ELLANEOU S: 2820 .00 SA LES TAX: 485 .15 INVOICE TOTAL: 9565.15 CALIFORNIA · NEVADA · ARIZONA · UTAH · IDAHO · TEXAS EZI KV A Service Charge of 1.5% (18 % per annum) w ill be applied to balances over 30 days old . Agenda Item O AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Amendment to Cost Recovery Schedule to Amend Dog Licensing Fees and Amendment to Administrative Penalty Schedule to Add Penalty Amount for Non-Compliance with Dog Licensing Requirements ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7483 amending the City of Seal Beach Cost Recovery Schedule to amend fees for dog licenses and to amend the Penalty Schedule for non-compliance with dog licensing requirements fee schedule to better reflect the needs of animal licensing requirements. BACKGROUND AND ANALYSIS: The City of Seal Beach maintained an in-house Animal Control function until 2004, when it was dissolved on a recommendation from a comprehensive Police Services study. At that time, the City of Long Beach was contracted for Animal Control services. In 2021, the City of Long Beach notified the City of Seal Beach of impending cost increases to provide Animal Control services. Cost increases prompted a review of the Long Beach Animal Control contract. A comprehensive assessment of Animal Control services in general, as well as an exploration of options for providing these services to the City of Seal Beach, were conducted both internally and externally, that included absorbing the increased cost with the City of Long Beach, contracting with the City of Westminster for animal control services, or creating an in-house City of Seal Beach animal control program, essentially from the ground up. In May of 2022, several options were provided by staff to the City Council, and it was the Council’s direction to bring Animal Control services back to an internal Seal Beach program. The in-house, City of Seal Beach Animal Control program went live on July 1, 2023. Page 2 1 6 8 8 FEE SCHEDULE UPDATE: Reviewing and updating dog licensing fees is a vital step in ensuring the sustainability of our animal control program. While the primary goal of this program is to safeguard the health and welfare of our community members, it is essential to recognize that all programs, no matter how noble their purpose, come with associated costs to the City. Although the program is subsidized by the General Fund, ensuring adequate fees, partially alleviates the fiscal strain and makes the program more self-sustaining, ultimately allowing us to continue providing the high-quality animal control services our community depends on. Furthermore, the adjustments in dog licensing fees are essential to keep pace with the evolving needs of our community. As is the case with any new program, the demands on Animal Control services have grown, necessitating more resources, staff, and technology to maintain and enhance the program's effectiveness. By increasing these fees, we can invest in advanced training and equipment, thus ensuring the safety of our residents and the welfare of the animals we serve. This progressive approach will enable us to better respond to emerging challenges and evolving expectations, making our animal control program more resilient and adaptive. Lastly, the update of dog licensing fees underscores the principle of shared responsibility. While the program serves the collective welfare of our community, it is only fair that those who directly benefit from these services contribute to their financial support. These fees represent an equitable way to distribute the program's costs among those who utilize its resources, alleviating the financial burden on the General Fund and promoting fiscal responsibility. By sharing in the costs, we strengthen our community's commitment to animal welfare, demonstrating that we all play a role in maintaining a safe and harmonious living environment. Staff has evaluated the cost of providing dog licensing services and has determined that the proposed fees set forth below do not exceed the City’s cost of providing the service. Indeed, staff believes that these fees do not fully capture the City’s full costs. In addition, pursuant to Seal Beach Municipal Code Section 1.15.015, staff is recommending that the City Council amend the penalty schedule to include a $112 administrative penalty for failure to comply with the City’s dog licensing requirements. Audit of Municipalities: In order to help determine the most appropriate fees, in addition to reviewing the City’s own cost of providing the services, a survey of several nearby cities was conducted. Page 3 1 6 8 8 The City worked in partnership with ClearSource Financial Consulting who reviewed the fee analysis. ClearSource has most recently assisted the City with the cost of services and fee study. The cities surveyed were: The cities with the asterisk are the comparable cities designated by the City of Seal Beach. As a result of this survey, we discovered that Seal Beach charges significantly less for dog licensing fees. The chart below illustrates the current and proposed fees which are based on our research and conversations with industry professionals. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. Page 4 1 6 8 8 FINANCIAL IMPACT: The anticipated estimated fiscal impact of the proposed fee adjustments is an increase of $16,769, which does not exceed the City’s cost of providing dog licensing services. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7483 amending the City of Seal Beach Cost Recovery Schedule to amend fees for dog licenses and to amend the Penalty Schedule for non-compliance with dog licensing requirements fee schedule to better reflect the needs of animal licensing requirements. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Captain ATTACHMENTS: A. Resolution 7483 B. Price Comparison Spreadsheet C. Anticipated Fiscal Impact Spreadsheet RESOLUTION 7483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE CITY OF SEAL BEACH COST RECOVERY SCHEDULE TO AMEND THE FEES FOR DOG LICENSES AND TO AMEND THE PENALTY SCHEDULE FOR NON-COMPLIANCE WITH DOG LICENSING REQUIREMENTS WHEREAS, user and regulatory fees are established by the City Council; and WHEREAS, on January 22, 2024, the City Council introduced Ordinance 1708 (“Ordinance”), which included a comprehensive revision to the City’s animal control licensing regulations; and WHEREAS, the Ordinance allows the City Council to set fees for dog licensing by resolution; and WHEREAS, the City of Seal Beach Cost Recovery Fee Schedule currently includes fees for dog licensing, but the City Council desires to amend such fees so that they cover all licensing requirements in the Ordinance and recover the City’s cost of providing licensing services; and WHEREAS, the City evaluated the City’s costs of providing dog licensing services, including an examination of costs borne by other agencies that license dogs, to ensure the City’s fees reasonably reflect the cost of providing such services; and WHEREAS, the City Council desires to establish an administrative penalty for violations of the Ordinance’s licensing requirements by amending the City of Seal Beach penalty schedule; and WHEREAS, notice of the proposed fees was made available to the public for review prior to the public hearing on the proposed dog licensing fees in the manner set forth in California Government Code Section 66018; and WHEREAS, on January 22, 2024, the City Council conducted a duly-noticed public hearing and received testimony from City staff and all interested parties regarding the fees for dog licenses and administrative penalty; and, WHEREAS, the City Council desires that annually the City Manager may update the fees based on the annual percentage change in the all- urban Consumer Price Index for Los Angeles- Long Beach- Anaheim, CA ( CPI). If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year; and 8 6 6 7 WHEREAS, the adopted fees shall be incorporated into the City's existing Citywide Master Fee Schedule and the administrative penalty shall be incorporated into the City’s existing penalty schedule. Incorporating these fees into the fee schedule will allow for the fees to be considered with future comprehensive user and regulatory fee updates. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby finds that all of the facts set forth in the Recitals set forth above are true and correct. Section 2. The City Council finds that the adoption of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”), and the State CEQA Guidelines because it approves fees for the purpose of meeting the operating expenses of City departments, as set forth in Public Resources Code Section 21080(b)(8)(A). Section 3. The City Council hereby amends the Animal Control Fees, Dog License, of the City of Seal Beach Cost Recovery Schedule, as set forth below. Dog License a. Unaltered……………$136 b. Altered.……………...$ 44 c. Senior Unaltered…...$ 68 d. Senior Altered………$ 22 e. Service Animal……..None f. Late Fee……………..50% of cost for license g. Transfer Fee………..$ 10 f. Replacement Tag…..$ 10 SECTION 4. The City Manager may annually update the fees based on the annual percentage change in the all- urban Consumer Price Index for Los Angeles- Long Beach- Anaheim, CA ( CPI). If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year. SECTION 5. The City Council hereby amends the City of Seal Beach Administrative Penalty Schedule to add a $112 administrative penalty for failure to procure and maintain a dog license in accordance with the Seal Beach Municipal Code. SECTION 6. Except as otherwise expressly amended by this Resolution, the fees set forth in the City of Seal Beach Cost Recovery Schedule and Administrative Penalty Schedule shall remain in full force and effect. SECTION 7. This Resolution shall be effective immediately. 8 6 6 7 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January, 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7483 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January, 2024. Gloria D. Harper, City Clerk City of Seal Beach Dog License Comparison by City AGENCY Unaltered Altered Senior Unaltered Senior Altered Service Animal Late fee Transfer Fee Replacement Tag Non Compliance Cite Seal Beach Current 108 36 54 18 N/A N/A N/A N/A N/A Seal Beach Proposed 136 44 68 22 N/A 50% of cost 10 10 112 Mission Viejo 70 24 35 12 N/A 45 N/A N/A Costa Mesa*80 25 40 10 N/A 50%N/A 5 Huntington Beach*159 28 159 14 N/A 48 9 9 112 Irvine 55 25 22 12 N/A N/A N/A N/A Cypress*159 28 159 14 N/A 48/58 9 9 La Habra 90 28 45 14 N/A 50%N/A N/A Fountain Valley*159 28 159 14 N/A 48/58 9 9 112 Newport Beach*53 26.5 N/A N/A N/A 5 N/A 7 Orange 159 38 159 19 N/A 48 9 9 150 Westminister 159 28 159 14 0 48 N/A 9 Laguna Beach/Woods*48 24 24 12 N/A 17 N/A 5 Brea 159 28 159 14 N/A 48 9 9 112 Fullerton 159 51 159 25.5 11 48 9 9 112 Yorba Linda 159 28 159 14 N/A 48 9 9 112 San Clemente*40 40 N/A N/A N/A 15/20 10 8 Buena Park 60 20 30 10 N/A N/A N/A N/A Anaheim 159 28 159 14 N/A 48 9 9 112 Tustin 159 28 159 14 N/A 48 9 9 112 Redondo Beach*60 20 30 10 N/A 25/59/76 N/A 5 Santa Monica 55.68 27.84 N/A N/A N/A N/A N/A N/A Torrance 62 24 N/A N/A N/A 20 N/A N/A Manhattan Beach*50 22 N/A N/A N/A N/A N/A 4 El Segundo*83 21 83 10 N/A N/A N/A N/A Hermosa Beach*106 25 53 12 N/A 50%N/A 6 City of Seal Beach Estimated Fiscal Impact of Change to Animal License Fees Animal License Fees Description Current Proposed Change % Unaltered $108 $136 26% Altered $36 $44 22% Senior Unaltered $54 $68 26% Senior Altered $18 $22 22% Total $216 $270 25% Anticipated Fiscal Impact Description FY 21/22 Actual Change % Forecast After Change Fiscal Impact Revenue Account Animal License Fee $67,074 25%$83,843 $16,769 101-000-0000-41010 ANIMAL CONTROL FEE SCHEDULE UPDATE ➢IN-HOUSE PROGRAM APPROVED BY COUNCIL ON JUNE 26, 2023 ➢PROGRAM LAUNCHED JULY 1ST COST RECOVERY SCHEDULE ANIMAL CONTROL SUBSIDIZED BY GENERAL FUND EVOLVING NEEDS OF THE COMMUNITY EQUITABLE DISTRIBUTION OF COSTS ADDITION OF NON-COMPLIANCE FEE TO ENCOURAGE LICENSING AUDIT OF MUNICIPALITIES RECOMMENDATIONS ESTIMATED FISCAL IMPACT QUESTIONS? Agenda Item P AGENDA STAFF REPORT DATE:January 22, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Michael Henderson, Chief of Police SUBJECT:Ordinance to Amend the Seal Beach Municipal Code Regarding Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions ________________________________________________________________ SUMMARY OF REQUEST: That the City Council introduce, waive full reading, and read by title only, Ordinance 1708, an Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Amend Certain Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions. BACKGROUND AND ANALYSIS: The City of Seal Beach maintained an in-house Animal Control function until 2004, when it was dissolved on a recommendation from a comprehensive Police Services study. At that time, the City of Long Beach was contracted for Animal Control services. In 2021, the City of Long Beach notified the City of Seal Beach of impending cost increases to provide Animal Control services. Cost increases prompted a review of the Long Beach Animal Control contract. A comprehensive assessment of Animal Control services in general, as well as an exploration of options for providing these services to the City of Seal Beach, were conducted both internally and externally, that included absorbing the increased cost with the City of Long Beach, contracting with the City of Westminster for animal control services, or creating an in-house City of Seal Beach Animal Control program, essentially from the ground up. In May of 2022, several options were provided by staff to the City Council, and it was the Council’s direction to bring Animal Control services back to an internal Seal Beach program. The in-house, City of Seal Beach Animal Control program went live on July 1, 2023. Page 2 1 6 8 9 After several weeks of delivering a high level of Animal Control services to our community, our staff determined that the Seal Beach Municipal Code should be updated to clarify dog licensing, rabies control, and other animal control regulations. Our commitment to ensuring the safety and welfare of both our residents and the local wildlife has unveiled the necessity for revised regulations. These proposed amendments aim to not only address emerging concerns but also to better align our practices with the latest industry standards in animal welfare and management. These proposed updates are critical to the successful operation of the Seal Beach Animal Control Program. Licensing dogs is an essential practice that significantly contributes to the well-being of both pets and their owners. It is estimated that approximately one (1) out of every three (3) pets will become lost at some point during their lifetime. Even the most responsible pet owners can find themselves unexpectedly separated from their beloved companions due to unforeseen circumstances. Unpredictable accidents, such as a pet becoming frightened by fireworks or slipping through an open door, can lead to their disappearance. Without proper pet identification, a staggering 90% of lost pets may never be reunited with their owners. A pet license plays a crucial role in increasing the likelihood of reuniting owners with their pets, providing peace of mind in case of such unfortunate events. In addition to serving as a means of identification, a dog license offers several other invaluable benefits. It acts as proof that the pet has been vaccinated against rabies, thus ensuring the safety of the community. This not only protects other animals and people but also minimizes the risk of disease transmission. Licensing a pet establishes ownership, which can be crucial in preventing fines associated with non-compliance with regulations. By adhering to licensing requirements, pet owners not only safeguard their pet's health but also their own financial well-being. Moreover, licensing pets promotes responsible pet ownership. The increased likelihood of being reunited with a lost pet means that animal control and shelters have more time and resources to focus on caring for and finding homes for other animals in need. This practice not only enhances the chance of lost pets returning to their homes but also helps streamline the efforts of Animal Control agencies, ultimately leading to more efficient and humane management of stray and abandoned animals. In conclusion, dog licensing is not only a smart and compassionate choice but also a way to strengthen the bonds between pet owners and their furry companions while benefiting the broader community. In addition, the proposed ordinance would update the City’s rabies control regulations to align with similar regulations that exist at the County level. Specifically, dogs must be vaccinated against rabies and are subject to quarantine if diagnosed with rabies. Orange County is a rabies area per the State Director of Health. The ordinance would also prohibit feeding non-domesticated animals, with certain exceptions for birds, prohibit dogs on school property except for service dogs and Page 3 1 6 8 9 dogs invited by school administration. Finally, the ordinance would prohibit animals on City beaches and the jetty, with certain exceptions for service dogs or dogs engaged in official duties. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council introduce, waive full reading, and read by title only, Ordinance 1708, an Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Amend Certain Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions. SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Jill R. Ingram Michael Henderson, Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Captain ATTACHMENTS: A. Ordinance 1708 B. Redline of Amendments to Existing Code Sections ORDINANCE 1708 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO AMEND CERTAIN ANIMAL CONTROL REGULATIONS RELATING TO DOG LICENSING, RABIES CONTROL, AND OTHER ANIMAL CONTROL REQUIREMENTS AND PROHIBITIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1.The definition of “Animal Control Officer” in Section 7.05.005 of the Seal Beach Municipal Code is hereby amended to read as follows: “Animal Control Officer: the Chief of Police or any officer or person designated by the Chief of Police to administer this chapter.” Section 2.Section 7.05.040 of the Seal Beach Municipal Code is hereby amended to read as follows: “Section 7.05.040 Dog Tag and License. A. No person shall keep a dog over 4 months of age without maintaining a current license from the animal control officer. The fee for a license shall be established by city council resolution. B. The Animal Control Officer or an authorized agent shall furnish a metallic license tag and certificate with corresponding numbers to a dog owner upon payment of the license fee. The Animal Control Officer or an authorized agent shall keep records of each person to whom a license tag and certificate is issued. C. Each license shall expire one year from the date of purchase or the expiration date of the dog’s rabies vaccination, whichever is earlier. No dog shall be licensed without proof of approved rabies vaccination. D. The fee for a dog license shall be purchasable at a reduced rate in accordance with city council resolution for the following: 1. Registered Service Dogs. 2. Dogs honorably discharged from the armed forces or retired from police service. 3. Dogs kept by nonresidents traveling through the city for a period of less than 30 days. Notwithstanding the foregoing, a license shall be required for dogs that use a city dog park, unless the dog has a valid license and has a license tag or tattoo issued by the jurisdiction of the dog owner’s primary place of residence. - 2 - 4. Dogs temporarily brought into the city to participate in an exhibition. E. Any license that is not renewed by midnight on the date it is scheduled to expire shall be considered delinquent and a late fee as determined by city council resolution shall be added to the cost of the new license. The Animal Control Officer may waive the late fee if the Animal Control Officer determines the applicant made a reasonable effort to comply with the renewal deadline. F. False or Stolen Documents Illegal. No person shall make use of or have in his or her possession or under his or her control a stolen, counterfeit, or forged dog license receipt, dog license tag, rabies vaccination certificate, anti-rabies-inoculation- deferment form, or other form issued in accordance with this section. G. Display of Certificates Required Upon Demand. Every person shall, upon demand by the Animal Control Officer, exhibit a current dog license tag or certificate issued to said person pursuant to this section. H. Wearing of License Tag. Each dog required to be licensed shall wear at all times the current license tag assigned to that dog; except: 1. When the dog is physically confined within the premises of the owner or other person authorized to have custody; 2. When the dog is confined in a vehicle or cage; 3. When the dog is participating in any dog exhibition, field trial or competition; or 4. When the dog is confined in a licensed kennel or veterinary hospital, in which case the license tag number shall be recorded and placed nearby so that it is readily identifiable with the dog to which it belongs; or if not licensed, that fact shall be clearly indicated on the facility’s records. I. A license tag shall not be removed from any dog without the consent of the owner thereof.” Section 3. Section 7.05.050 of the Seal Beach Municipal Code is hereby amended to read as follows: “Section 7.05.050 Rabies Control. A. Dog Vaccination Required. Every person owning or harboring a dog four months of age or older, for 15 days or more, shall, if not currently vaccinated, have such dog vaccinated against rabies by a licensed veterinarian with a vaccine approved by the California Department of Health. Dogs that are ill may be given temporary deferment from rabies vaccination requirements by obtaining an antirabies deferment from a licensed veterinarian, and upon approval of the Animal Control Officer; old age of the dog, however, shall not be a basis for such deferment. A dog referring such a deferment shall be vaccinated within 10 days of the conclusion of the deferment period. - 3 - B. Quarantine. 1. The State Director of Health has declared Orange County a rabies area. The Animal Control Officer or an authorized agent is authorized under state law to quarantine suspected rabid animals. The Animal Control Officer is hereby empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect, and if necessary, to seize and impound any animal suspected of being rabid for a period of 14 days (10 days for dogs and cats). The impounding officer shall make a reasonable effort to immediately notify the owner or custodian of the animal before it has been impounded and the address of the facility to which it will be taken. If the owner or custodian is not present at the time of impounding, the above notice shall be posted on the property of such owner or custodian, if known. In lieu of impounding the animal, he or she may require the owner to quarantine the animal for such period by serving a written notice upon the owner. 2. No person shall disobey any quarantine order issued by the Animal Control Officer or remove any animal from its place of confinement under quarantine without the permission of the Animal Control Officer. C. Duty to Report. Any person having knowledge of the location of an animal suspected of having rabies, or of any person having been bitten or scratched by any warm-blooded mammal, or of any signs of disease or unusual behavior in any animal under quarantine, shall immediately report such facts to the Animal Control Officer. D. Proof of Vaccination. No person who owns or harbors any dog shall fail or refuse to exhibit his copy of the rabies vaccination form, antirabies inoculation deferment form, or health certificate upon demand by the Animal Control Officer. E. Duty of Person Performing Vaccination. Each duly licensed veterinarian after vaccinating any dog shall complete and sign a rabies certificate in triplicate. He or she shall keep one copy and shall give one copy to the owner of the vaccinated dog, which the owner shall retain in his or her possession. He or she shall file the other copy with the Animal Control Officer within 30 days.” Section 4.Section 7.05.055 of the Seal Beach Municipal Code is hereby amended to read as follows: “Section 7.05.055 At-Large Requirements for Cats and Dogs. A. No person having the care, charge, or control of any dog shall cause or allow such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of the premises, unless such dog is securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain such dog. Leashed dogs are not permitted in areas where dogs are prohibited. - 4 - B. No person having the care, charge, or control of a cat shall permit the cat to enter upon another person’s property or residential unit without permission. C. The Animal Control Officer may impound any cat or dog found in violation of this section.” Section 5.Section 7.05.100 of the Seal Beach Municipal Code is hereby amended to read as follows: “Section 7.05.100 Feeding of Non-Domestic Animals Prohibited. It is unlawful for any person to feed or provide food to any non-domesticated animal. This prohibition shall not apply to the feeding of wild birds that are confined in an enclosure on private property.” Section 6. Section 7.05.130 of the Seal Beach Municipal Code is hereby added to read as follows: “Section 7.05.130 Prohibited on School Grounds. No person having the care, charge or control of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog to be present on or in any public school property other than when specifically invited by the school administration. The prohibitions contained in this section shall not be applicable to any service dog, as defined by the Americans with Disabilities Act (‘ADA’), or any dog being trained to be a service dog as defined by the ADA pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes.” Section 7.Section 9.05.090 of the Seal Beach Municipal Code is hereby amended to read as follows: “Section 9.05.090 Vehicles and Animals. A. No person having the care, custody, charge, or control of any animal shall permit or allow that animal to be on the city beach or jetty. This prohibition shall not be applicable to: 1. Any animal enrolled and participating in obedience classes offered by the Community Services Department of the City or in any show for which the City has issued a special event permit. 2. Any service dog, as defined by the Americans with Disabilities Act (‘ADA’), or any dog being trained to be a service dog as defined by the ADA pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes. - 5 - 3. City employees and agents engaged in the discharge of official duties. B. No person shall ride or drive any horse or other animal, any bicycle, motorcycle, automobile or other vehicle upon the city beach or city pier unless written authorization has been obtained from the city manager. This prohibition does not apply to city employees and agents engaged in the discharge of official duties. The city manager may authorize use of vehicles for the hauling of freight and other materials for persons occupying places of business on the city pier, or for the repair or improvement of the same.” Section 8. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days following its adoption by the City Council. Section 10. Certification. The City Clerk shall certify the adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of January, 2024. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the ___ day of ________, 2024. AYES: Council Members ____________________________________________ NOES: Council Members ____________________________________________ ABSENT: Council Members ____________________________________________ ABSTAIN: Council Members ____________________________________________ Schelly Sustarsic, Mayor - 6 - ATTEST: APPROVED AS TO FORM: Gloria D. Harper, City Clerk Nicholas Ghirelli, City Attorney S7296-0001\2912734v1.doc Redline of Amendments to Current Municipal Code Sections 7.05.005 Definitions. Animal Control Officer: the Chief of Police or any officer or person designated by the city councilChief of Police to administer this chapter. Section 7.05.040 Dog Tag and License. A. No person shall keep a dog over 4 months of age without maintaining a current license from the animal control officer. The fee for a license shall be established by city council resolution. B. A The Animal Control Officer or an authorized agent shall furnish a metallic license tag and certificate with corresponding numbers shall be furnished by the animal control officerto a dog owner upon payment of the license fee. The animal control officerAnimal Control Officer or an authorized agent shall keep records of each person to whom a license tag and license certificate is issued. C. Each license shall expire on December 31st eachone year from the date of purchase or the expiration date of the dog’s rabies vaccination, whichever is earlier. No dog shall be licensed without proof of approved rabies vaccination. D. A The fee for a dog license shall not be requiredpurchasable at a reduced rate in accordance with city council resolution for the following: 1. Seeing eye dogs Registered Service Dogs. 2. Dogs honorably discharged from the armed forces or retired from police service. 3. Dogs kept by nonresidents traveling through the city for a period of less than 30 days. Notwithstanding the foregoing, a license shall be required for dogs that use a city dog park, unless the dog has a valid license and has a license tag or tattoo issued by the jurisdiction of the dog owner’s primary place of residence. 4. Dogs temporarily brought into the city to participate in an exhibition. ¶ ¶ E. Any license that is not renewed by midnight on the date it is scheduled to expire shall be considered delinquent and a late fee as determined by city council resolution shall be added to the cost of the new license. The Animal Control Officer may waive the late fee if the Animal Control Officer determines the applicant made a reasonable effort to comply with the renewal deadline.¶ F. False or Stolen Documents Illegal. No person shall make use of or have in his or her possession or under his or her control a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination certificate, anti-rabies-inoculation-deferment form, or other form issued in accordance with this section.¶ G. Display of Certificates Required Upon Demand. Every person shall, upon demand by the Animal Control Officer, exhibit a current dog license tag or certificate issued to said person pursuant to this section.¶ H. Wearing of License Tag. Each dog required to be licensed shall wear at all times the current license tag assigned to that dog; except:¶ -2- S7296-0001\2912734v1.doc 8 6 8 8 1. When the dog is physically confined within the premises of the owner or other person authorized to have custody;¶ 2. When the dog is confined in a vehicle or cage;¶ 3. When the dog is participating in any dog exhibition, field trial or competition; or¶ 4. When the dog is confined in a licensed kennel or veterinary hospital, in which case the license tag number shall be recorded and placed nearby so that it is readily identifiable with the dog to which it belongs; or if not licensed, that fact shall be clearly indicated on the facility’s records.¶ I. A license tag shall not be removed from any dog without the consent of the owner thereof.¶ Section 7.05.050 Rabies Control.¶ ¶ A. Dog Vaccination. Required. Every person owning or harboring a dog four months of age or older, for 15 days or more, shall, if not currently vaccinated, have such dog vaccinated against rabies by a licensed veterinarian with a vaccine approved by the California Department of Health. Dogs that are ill may be given temporary deferment from rabies vaccination requirements by obtaining an antirabies deferment from a licensed veterinarian, and upon approval of the Animal Control Officer; old age of the dog, however, shall not be a basis for such deferment. A dog referring such a deferment shall be vaccinated within 10 days of the conclusion of the deferment period.¶ A. Every person who possesses a dog over the age of 4 months shall cause the animal to be inoculated against rabies within 30 days from the date the animal is brought into the city. The inoculation shall be with an anti-rabies vaccine approved by the county health officer.¶ B. This section shall not apply if proof can be shown that the dog has been inoculated with an anti-rabies vaccine approved by the county health officer and that the vaccine period is still active. This section also shall not apply upon presentation of an affidavit from a licensed veterinarian stating that the vaccination likely would seriously injure the dog.¶ ¶ B. Quarantine.¶ 1. The State Director of Health has declared Orange County a rabies area. The Animal Control Officer or an authorized agent is authorized under state law to quarantine suspected rabid animals. The Animal Control Officer is hereby empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect, and if necessary, to seize and impound any animal suspected of being rabid for a period of 14 days (10 days for dogs and cats). The impounding officer shall make reasonable effort to immediately notify the owner or custodian of the animal before it has been impounded and the -3- S7296-0001\2912734v1.doc 8 6 8 8 address of the facility to which it will be taken. If the owner or custodian is not present at the time of impounding, the above notice shall be posted on the property of such owner or custodian, if known. In lieu of impounding the animal, he or she may require the owner to quarantine the animal for such period by serving a written notice upon the owner.¶ ¶ 2. No person shall disobey any quarantine order issued by the Animal Control Officer or remove any animal from its place of confinement under quarantine without the permission of the Animal Control Officer.¶ C. Duty to Report. Any person having knowledge of the location of an animal suspected of having rabies, or of any person having been bitten or scratched by any warm- blooded mammal, or of any signs of disease or unusual behavior in any animal under quarantine, shall immediately report such facts to the Animal Control Officer.¶ D. Proof of Vaccination. No person who owns or harbors any dog shall fail or refuse to exhibit his copy of the rabies vaccination form, antirabies inoculation deferment form, or health certificate upon demand by the Animal Control Officer.¶ E. Duty of Person Performing Vaccination. Each duly licensed veterinarian after vaccinating any dog shall complete and sign a rabies certificate in triplicate. He or she shall keep one copy and shall give one copy to the owner of the vaccinated dog, which the owner shall retain in his or her possession. He or she shall file the other copy with the Animal Control Officer within 30 days.¶ Section 7.05.055 At-Large Requirements for Cats and Dogs. ¶ A. No owner of a dog shall permit the animal to be at large unless it is leashed, confined in a motor vehicle or on another person’s property with permission.¶ ¶ A. No person having the care, charge, or control of any dog shall cause or allow such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of the premises, unless such dog is securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain such dog. Leashed dogs are not permitted in areas where dogs are prohibited. ¶ B. No ownerperson having the care, charge, or control of a cat shall permit the animalcat to enter upon another person’s property or residential unit without permission.¶ C. The animal control officerAnimal Control Officer may impound any cat or dog found in violation of this section. Section 7.05.100 Feeding Wild Birdsof Non-Domestic Animals Prohibited. ¶ -4- S7296-0001\2912734v1.doc 8 6 8 8 NoIt is unlawful for any person shallto feed or provide food to any wild birdnon-domesticated animal. This prohibition shall not apply to the feeding of wild birds that are confined in an enclosure on private property. Section 9.05.090 Vehicles and Animals. ¶ A. No person having the care, custody, charge or control of any animal shall permit any dog or otherallow that animal owned or possessed by such person to be in or uponon the city beach or jetty. This prohibition doesshall not applybe applicable to:¶ ¶ 1. Any animal enrolled and participating in obedience classes offered by the Community Services Department of the City or in any show for which the City has issued a special event permit;¶ ¶ 2. Any service dogs used by disabled personsdog, as defined by the Americans with Disabilities Act (‘ADA’), or any dog being trained to be a service dog as defined by the ADA pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes.¶ 3. City employees and agents engaged in the discharge of official duties.¶ B. No person shall ride or drive any horse or other animal, any bicycle, motorcycle, automobile or other vehicle upon the city beach or city pier unless written authorization has been obtained from the city manager. This prohibition does not apply to city employees and agents engaged in the discharge of official duties. The city manager may authorize use of vehicles for the hauling of freight and other materials for persons occupying places of business on the city pier, or for the repair or improvement of the same.¶¶ Document comparison by Workshare 10.0 on Wednesday, January 17, 2024 10:27:31 PM Input: Document 1 ID iManage://RWGDM1/RWGIMAN1/2912732/1 Description #2912732v1<RWGIMAN1> - Existing Animal Control Regulations Document 2 ID iManage://RWGDM1/RWGIMAN1/2912734/1 Description #2912734v1<RWGIMAN1> - Updated Animal Control Ordinance for Redline Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 68 Deletions 33 Moved from 0 Moved to 0 Style changes 0 Format changes 0 Total changes 101 ANIMAL CONTROL MUNICIPAL CODE UPDATE SEAL BEACH CITY COUNCIL CAPTAIN NICK NICHOLAS JANUARY 22, 2024 DOG LICENSING ESTIMATED THAT 1 OUT OF EVERY 3 DOGS WILL BECOME LOST PROOF OF VACCINATION RESPONSIBLE PET OWNERSHIP PREVIOUSLY HANDLED BY LONG BEACH CURRENT EXPIRATION DATES SERVICES DOGS RABIES CONTROL REGULATIONS ORANGE COUNTY IS A RABIES AREA THESE REGULATIONS ARE AIMED AT STOPPING THE SPREAD REQUIRES VACCINES BE GIVEN BY A LICENSED VETERINARIAN EMPOWERS ANIMAL CONTROL OFFICERS TO QUARANTINE SUSPECTED RABID ANIMALS REQUIRES VETERINARIANS TO PROVIDE A COPY OF THE RABIES CERTIFICATE TO THE CITY OF SEAL BEACH OTHER REGULATIONS UPDATED DEFINITIONS FEEDING NON-DOMESTIC ANIMALS LIMITS DOGS ON SCHOOL GROUNDS PROHIBITS ANIMALS ON BEACH & JETTY OTHER MINOR EDITS QUESTIONS?