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HomeMy WebLinkAboutAGMT - Minagar & Associates Inc (Preparation of Safety Action Plan City Proj O-ST-4 & Fed Award 693JJ32340099)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 0 Minagar & Associates, Inc. 23282 Mill Creek Drive, Suite 1.20 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"). 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 ("SS4X) 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 11. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT ARTICLE 1 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 11 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 2 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 3 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. 4 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 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). 5 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 Part200, Uniform Administrative Requirements, Cost Principles, and. Audit Requirements for Federal Awards shall apply. 6 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). 7 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.I. 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 8 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. su bconsultant. 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 9 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:/Idot.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 hftD://www.dir.ca.aov/. 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 10 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 11 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 12 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. 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 subconsultarifs 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 13 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 14 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, 15 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 16 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; Y 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. 17 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 90-09: Consultant Proposal DBE Commitment, or in Exhibit 90-02: 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 18 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. 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. 19 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 20 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 21 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. 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. 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: 22 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. 23 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. I 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 24 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 1.5 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. 25 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. 26 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. 27 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 subco.nsultants 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: CITY: MINAGAR & ASSOCIATES. INC. FRED MINAGAR ,Project Manager 23282 MILL CREEK ROAD, SUITE 120 LAGUNA HILLS, CA 92653 CITY OF SEAL BEACH KATHRYNE CHO , Contract Administrator 211 - 8TH STREET 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 28 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. 1 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 29 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 30 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 31 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. 32 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 LawNenue. 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. 33 of 39 2903700 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] 34 of 39 2903700 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 ••�J By: - 9- Jill gram, City Man�a���. Approved as to By: N'cholas R. Ghirelli, City Attorney CONSULTANT: MINAGAR & ASSOCIATES, INC., a California Name: �� 'e-,�•.Ns500���''% Its: e -.i By: Name: FRS D Im A G ' Its: Secre ary XV (Please note, two signatures req&eg for orporations pursuant to &aliform' 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 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 39 2903700 EXHIBIT A Request for Proposal 36 of 39 2903700 City of Seal Beach Request for Proposals for Safety Action Plan (SAP) -- RFP responses to be received until 2:00 P.M., September 20, 2023 in the Public Works Department ATTN: Kathryne Cho, Deputy Director of Public Works/City Engineer Approved for Advertising: �-IrisLee Public Works Director Date Issued: August 24, 2023 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 EXHIBITA....................................................................................................................... 16 SAMPLE PROFESSIONAL SERVICES AGREEMENT...........................................16 EXHIBITB..................................................................................................................... 17 LOCAL ROAD SAFETY PLAN(LRSP)....................................................................17 EXHIBITC..................................................................................................................... 18 SAFE STREETS FOR ALL (SS4A) GRANT AGREEMENT....................................18 EXHIBITD.....................................................................................................................19 FHWA SS4A GRANT GENERAL TERMS AND CONDITIONS...............................19 Page 2 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 3 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 Sheriffs 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 4 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 5 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 6 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(a)-sealbeachca.gov Page 7 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 ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Consultant Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed IX. SUBMITTAL REQUIREMENTS Acceptance of Submittals 08/24/2023 09/07/2023 09/20/2023, 2:00 p.m. October 2023 November 2023 October/November 2023 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(aD-sealbeach ca. 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 8 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 9 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: Cover Letter Table of Contents Local Staffing List Company Qualifications Schedule/Hours Contract Signatories References Exceptions Fee Proposal DIR Registration Number/Contractor's License 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 lettenshall 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 10 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 11 -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: 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 12 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 Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not .address each of the items listed below will be considered incomplete, may be rated a Fail in the Evaluation Criteria and may receive no further consideration. Qualifications & Experience (35%) Experience and technical competence of the firm and key personnel on similar projects of equal complexity. Organization & Approach (30%) Understanding and approach to the Work including, but not limited to, task breakdown, scheduling, and staffing. References & Familiarity (20%) References and familiarity with state and grant procedures. Financial Management and Account System Requirements (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. Conformity (10%) Willingness to agree to all terms of the professional services agreement. Page 13 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 publicwork (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 14 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 15 of 19 EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT Page 16 of 19 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 P <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 corpra otion, __partnership,_ etc.)> and the City of Seal Beach ("CITY"), a California charter city; (collectively, "the Parties"). 23873970 [2/4/2020] 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 ("SS4X) 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 of the Parties',performance of the promises, covenants, and conditions, stated herein, the"Parties,•hereto agree as follows. AGREEMENT ARTICLE 1 INTRODUCTION ` A. This Agreement is between CITY and CONSULTANT for <design professional engineering services> as detailed:rin 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 Administratorfor 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 ); (iii) U.S. 2 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 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,G (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 extentthat there is'any conflict between Exhibits A and B and this Agreement, this Agreerrient shalF control. b. In the event of�anjr onflict,between tl'e-`Federal Requirements on the one hand, and any provision of this, Agreement, Exhibit A, and/or Exhibit B, on the other hand, -the Federal kequiremenfs shall control. B. CONSULTANT shall perform the Scope of Services under this Agreement in raccordance with the standard _of` care generally exercised by like professionals Under similar circumstances and: - 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 - 3 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 111 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 Adminisrator 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" h, CITY's Contract. Ad min istrator, as needed, to discuss progress on the Agreement. ARTICLE IV PERFORMANCE PERIOD./ A. This Agreement shall go into effect on, <DA, contingent upon approval by CITY, TE>; 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 untithe Agreementis fully executed and approved by CITY. ARTICLE V ALLOWABLE,COSTSAND PAYMENTS A. The method of -payment for, Phis 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 i 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, 4 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. l 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 forthin; 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.itemize'd invoices,in duplicate. Invoices shall be submitted no later than thirty (30), calendar days after'the performance of work for which CONSULTANTis'billing. Invoices shall detail the work performed on each milestone and each project',as applicable.'-.lnvoices 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 anjr . equipment purchased under the provisions of Article XI Equipment Purchase. The'finef invoice should be'submitted within sixty (60) calendar days after completion of CONSULTANs T'work. Invoices shall be mailed to CITY's Contract Administrator at thevfoil �ing address: f ' City of Seal Beach "-211 - 8th Street Seal' Beach, CA 90749 Attn: Kathryne Cho, Contract Administrator I. Th616tal 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, 5 of 38 2854184 [8/21/231 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 CityJmay 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, CI.TY�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 .complT 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 repaymenf by CONSULTANT to CITY. w 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 6 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 •ani 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 afters issuance of the, -final audit report, CONSULTANT may request a review by , CI>TY'S Chief `F[hancial Officer of unresolved audit issues. The request for, review will'be submittedin writing. C. Neither the pendency of a dispute nor -its consideration by CITY -will excuse CONSULTANT from full and timely, ,pe in accordance with. the terms of this Agreement. - r i D. CONSULTANT and subcorisultant 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: nburied 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 othet-,related laws and regulations. In the instances-o_f_ a CPA ICR audit work. paper review itis 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`I,CR 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 -workpapers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. E. CONSULTAN '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. 7 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 Mthan one hundred fifty percent' (15010) - the accepted rate reimbursed will be ninety perceht.(90%) of the proposed rate. b. If the proposed rate is between one hundred fify percent (450%) 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 -live percent (75,%0), 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. fOAI will -then have up to six'(6). months to review CONSULTANT's and/or the independentCPA's revisions. 3. -If CONSULTANT fails to complywith 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 ICRAhat 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. 8 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,,r sources 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.,; �N C. Any subagreement entered into as a result of this Agreement, shalt, contain .all the provisions stipulated in this entire Agreement to ,be,.applicable fo,subconsultants unless otherwise noted. D. CONSULTANT shall pay its subconsultants within Fifteen- (15) calendar days from receipt ,of each payment made £o-,CONSULTANT by CITY. l� E. Any substitution of subconsultantsm -,ust 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•,wr-itfng by,CITY�s Contract Administrator shall be required before CONSULTANT enfers 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. Fd� purchase of any ` iterti, 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: 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 9 of 38 2854184 [8/21723] 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 ($5,000) is credited to the project. ARTICLE XII PREVAILING WAGE REQUIREMENTS , A. State Prevailing Wage Rates \ , 1. No CONSULTANT or Subconsultant may be awarded an,Agreement containing public work elements unless registered with the Department of Ind "ustrial Relations (DIR) pursuant to Labor Code § 172$: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 §A773.2 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-�froi�\the Department of Industrial Relations Internet site at http. T%www. d i r. ca.g ov/. 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. 10 of 38 2854184 18/21 /.23] Cl C. 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. 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 rto CITY; the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered orobliWated'by CONSULTANT. iii. The public- shall not be•,, given, access.to certified payroll records by CONSULTANT—CONSULTANT is, requited to forward any requests for certified payrolls f6 --the CITY Contract Administrator by both email and regular mail'on the•business day following receipt of the request. 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 hays 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 Jnform 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 11 of 38 2854184 [8/21/231 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 nof',more .than two hundred dollars ($200) for each calendar day, or portion thereof, .foc,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 J4,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 bUmistake, inadvertence, or neglect of CONSULTANT or subconsultant in failingto 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, inadvertencer,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 th&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. 12 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 perdiem 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 nate.- 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, constitufes..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 tri 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. 13 of 38 2854184 [8/21723] 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;. r 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. , 1� 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 ContradAdministrator. 4. If there is any conflict between, the State prevailing wages and the Federal prevailing wages, the'higher rate skull be paid. 5. Any subagreement entered4nto-as a result of this Agreement shall contain all the provisions- of this clause-` ARTICLE XIII CONFLICT OF INTEREST r A. - During the term. of this .Agreement, CONSULTANT shall disclose any financial, j 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 14 of 38 2854184 [8/21123] 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. Ari`affiliated firm is one, which is subject to the control of the same persons, through foint'ownership or otherwise. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFWL 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 Aght, in its discretion, to terminate this Agreement:witl�out 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 of 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 i ,= Legislature or,.Congress._ h -,connection with the awarding or making of this Agreement, of 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- o /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. 15 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'noridiscrimination 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,.mational origin, ancestry, physical disability;,\mental ' ,,disab`ility, 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 anti Rousing 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. 1 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 16 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�thepast three (3) years; 3. Does not have a proposed debarme 1pending; and 4. Has not been indicted;-convicted,or had,�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.,,., Discl'o`sures must indicate the party to whom the exceptions ap' 1y,. the. initiating agency, and the dates of agency action. C. ` Exceptions to the-Fetleral 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 aoal for DBE Darticioation for this Agreement is <INSERT PERCENTAGE_>%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with in formation xhibcontained in Eit 10-07: Consultant Proposal DBE Commitment, or in Exhibit __ 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, 17 of 38 2854184 [8121/231 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 qiitipswccaQ.ca.gov/wo l content/uploads/2021/09/15-H-DBE-Information-Good-Faith-Effort.pdfl' 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 isnot limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions;,, 3. Liquidated damages, and/or, 4. Disqualifying the contir'actorrir6m,future bidding as non -responsible E. A DBE firm may be terminated \only Wit h 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 effoifi to,replace him/her with another DBE subconsultant, if the goal is not otherwise met. F. CONSULTANT shall -riot 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, 18 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 Willi 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 vend'or,and,the totaLdollar amount actually paid each DBE or vendor, regardless ofaien'The records shairshow the date of payment and the total dollar figure paid to all firms. DBE prime CONSUL'TANT'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 97-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 \Contrac�t--Adniinistrator with the final invoice. Failure to provide thesummary of DBE payments with the final invoice will result in twenty-five percent (25%0). 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), y First,Tier subcorisultarits% is submitted to the CITY Contract Administrator. L. (f,a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultanfi'shall-6sCONSULTANT 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 19 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 fhe 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,.0OO,,pef accident and in the aggregate for bodily injury or disease; and" (4), Prqfessional Liability orErrors and Omissions Liability, in an amount $1,000,000 per ,claimand `$2;000,000 in the aggregate, and if a "claims made" policy is provided, policy, incept on date, continuity date, or retroactive date must f, be before the effective-date,of this agreement. CONSULTANT agrees to maintain t 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 20 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 -,R\. (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 performe'd.,by;or.on behalf of CONSULTANT, including materials, parts or equipment furnished, ,in connection with such work; and with respect to the ownership, operationf maintenance, use, loading or unloading of any auto owned, 46ased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible. (5) Waiver of Subrogation Endorsement. For general liability, automobile f-Iisbility, and `workers' compensation coverage shall be endorsed to waive *CITY, its officials, officers, employees, agents, subrogation against the 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) 21 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, 'a�nd 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 wand/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:, t J. California Labor Code §§ 1860 and 3700 provide that every employer will be required to secure the payment, of comp�ensation,.to its employees. In accordance with the provisions of California Labor, Code `r§ 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 22 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 f scat 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'Agreerrrent 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 sufficientfunds are`not appropriated,"this Agreement may be amended to reflect any.reduction in funds. 41 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 notifcation 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 lisfed 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. 23 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 performanc6Jn accordance with the terms of this Agreement. ARTICLE XXIV INSPECTION OF WORK % y 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 allreasonable 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. T B. Pursuant- fo 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 24 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 approvedin.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. ' M. C. Nothing herein shall constitute or be construed to be "any representation by CONSULTANT that the Work Product is'suitabley'in any way'for/any other project except the one detailed in this Agreemerit.,Any reuse by CITY for another project or project location shall be at City's,soIe- isk. 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 Contractslor 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 other's. to use, the work for.,government purposes. F. ` CONSULTANT warrants and represents that it has secured all necessary licenses, consents. or approyals to use any instrumentality, thing or component as to which any iritellectual,,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 25 of 38 2854184 [8121/23] 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 o'r 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 orr•reasonable,notice from CITY. Consultation or testimony --Will,-,be reimbursed at the ysarne 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 "4 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 oue 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. 26 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 subcorisultants is prohibited, and no retainage will,be held, by CONSULTANT'from progress due subconsultants. Any -violation of this ,provision shal[ subject the violating CONSULTANT or subcorisultants 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, andcommunications 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: �� i (CONSULTANT) -' (NAME) ,Project Manager CITY: (ADDRESS) CITY OF SEAL BEACH KATHRYNE CHO , Contract Administrator 211 - 8TH STREET 27 of 38 2854184 [8/21/23] 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 professionarstandards. B. All of CONSULTANT's employees and:.other personneLperforming 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 -p-er! onnel 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 regGired 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 28 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 approv(Eicl,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'of6cials, 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,to' CITY any reimbursement or indemnification arising under this. Article. This duty of indemnification is in addition to CONSULTANT's duty to defeind,_mdemnify 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 assurer compliance 'with regard to personnel who have active or inactive member hip 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. 29 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)Jin 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, mate'rialmen, 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 Jhe 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 30 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 )=V shall also not be limited by the limits of any policies of insurance required' nor 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 (1'5 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 Payrrient,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. 31 of 38 2854184 [8/21M], 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 6 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 writter'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 wal'id 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 LawNenue. 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. i 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 32 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 irr "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. < c4 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 , Jill R. Ingram',,CityManager Attest: ' By: 1 Gloria D. Harper;; City Clerk r Approved as to Form * -'- M_ Craig A. Steele, City Attorney Exhibit A: Request for Proposal Exhibit B_ Approved Proposal CONSULTANT: <Complete name of \ Consultant>, a <INSERT TYPE OF F ENT_ ITY (e.g.,_ a California corporation> By: Name: Its. By: Name: Its: (Please note, two signatures required for corporations pursuant to Califomia Corporations Code Section 393 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.) 33 of 38 2854184 [8/21/23] Exhibit C: U.S. Department of Transportation General- Terms and Conditions Under the Fiscal Year 2022 Safe February 8, 023 Streets_ and- Roads for All_ (SS4A) Grant Program; FHWA Projects, dated Exhibit D: U.S. Department of Transportation Exhibits to FHWA Grant Agreements Un_de_ r the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,, dated February_ 8, 2023 34 of 38 2387397v1 [2/4/2020] EXHIBIT A Request for Proposal 35 of 38 2387397vl [2/4/2020] EXHIBIT B Accepted Proposal 36 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 37 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 38 of 38 2387397v1 [2/4/2020] EXHIBIT B LOCAL ROAD SAFETY PLAN (LRSP) Page 17 of 19 City of Seal Beach Local Roadway Safety Plan (LRSP) SE �" 1(``,aiIQ V INCORPORATED 1915 May 2022 Prepared By: Kimley»>Horn 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. (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. No. 65218 CIVIL I Table of Contents I 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 i 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 1N I 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 grantifunding applications, and Prioritize investments in traffic safety. 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. 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. 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. 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 ofthe roadway network.' 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 ' 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. I . 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 locatio-- �-� further analyzed and assigned a new rank. 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 F 1 l Ro,=R,= Px�-�(2x(MEV,-))J INThere, &,i= Critical crash rate for intersection i Ra = IYeighted average crashrate for reference population P = P -value for corresponding confidence level ME V; = tilillion entering vehicles for intersection i 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- 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). 4 Safetv 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. 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.'I 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. Figure 2: Functional Classification (CRS) and Intersection Type as of 2020 4 ^t 1 A = l in — U CD YQ 1 N Westminst— e �a.. r� BolsaAve co t1i1N(DkL - Y�LyjNp Legend • Signalized Intersection a Roundabout Other Principal Arterial MinorArteriai Major Collector lAcat � n Seal Beach Boundary Figure 3: Fatal and Severe Injury Collisions (2016-2019) CD CD co DD WestminsterAve 2 fatalities Boise Ave �0 • MLANa Legend 0 Fatal 0 Severe Injury N N Seal Beach Boundary Figure 4: Density of all Crashes at Intersections and Segments (2016-2019) 7 Crash Safetv 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) 250 200 -- 150 0 U O 100 - - — --a. ZLLA 50 - 0 2016 2017 �W Z77 2018 2019 I ■ Not Stated , ■ Head -On ■ Vehicle/Pedestrian i 13 Sideswipe F ,❑ Rear End ❑ Overturned t II. Other ❑ Hit Object ■ Broadside Year ! r 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) 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 # of Other 1 # of Property 2 Involved # of Fatal Severe Visible Injury Complaint Damage Only TOTAL With Collisions Injury Traffic Signals and Signs of Pain 1 Unsafe Lane Change - 1 Collisions Collisions Collisions Collisions Vehicle 4 13 50 129 275 470 Bicycle 2 1 9 12 0 24 Pedestrian 3 0 4 11 1 18 TOTAL 9 14 1 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 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) 3%2% t ■ Property Damage Only (PDO) I (PDO collisions not included on TIMS) ■ Injury (Complaint of Pain) a Injury (Other Visible) ■ Injury (Severe) 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. r r Figure 7: Cause of Crashes (2016-2019) 7.5 Vulnerable Users 35% ° Unsafe Speed 13% ■ Improper7urning 12% ® Driving or Bicycling Under the Influence of Alcohol or Drug 10% ■ Unknown 9% ■ Automobile Right of Way 6% ■ Traffic Signals and Signs 5% Unsafe Starting or Backing 2% Other Than Driver (or Pedestrian) 2% Pedestrian Right of Way 1% Other Improper Driving 0 1% Unsafe Lane Change 1% Wrong Side of Road 1% Following Too Closely 1% Other Hazardous Violation 0.39% Pedestrian Violation ` 0.39% Fell Asleep 7.5.1 Pedestrians 1.8 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. Figure 8: Pedestrian and Bicycle Crashes (2016-2019) 0 r m z U 16 _ WestminsterAve Z bicycle collisions ••r 2 bicycle m coliisions� �?i Bolsa Ave d c�fC z y Cori TRINIDAD ISLAND Legend Bicycle Collisions ® Pedestrian Collisions ' ., Seal Beach Boundary N 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 20.5% Seat Beach has;a!Higher Percentage of Collisions Aggressive Driving 33.2% 53.7% 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% Challenge Area -Sea[ Beach Commercial Vehicles Statewide % has a Low Percentage 6.5% Seal Beach % of Collisions 4.9% Difference -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% 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 spec audiences based on age grou^ • Additional enforcement presence • 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 SBI 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:Ag'ing 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 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 • 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 1 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:/Idot.ca.gov/-/media/dot- media/programs/local-assistance/documents/hsip/2020/Irsm2020.pdfl 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) 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. Consider adding role, Active Transportation None currently especially if active Coordinator transportation master plan is adopted Safety or Active Advisory Consider Implementing None currently Safety/Active Advisory Committee Committee Active Transportation Safety Currently offering traffic safety Monitor current impacts, Education Program bicycle safety awareness modify and expand current efforts as need be Summary of Programs, Policies, and Practices for City of Seal Beach Topic, Current Status Implement, or Enhance POLICY/ PLANS No current plans, regulations or Consider implementing Complete Streets policies implemented plan or developer requirements for sidewalks Traffic Impact Fees Currently implementing Monitor roll out of current fees, modify if necessary Identify areas of concern Safe Routes to School No current plans, regulations or and seek funding policies implemented opportunities to enhance safety. No current traffic calming policies Implement traffic calming Traffic Calming Policies before raising speed limits. measures throughout city where feasible Continue to update as Conducts regular speed surveys. required by California Speed Surveys Speed limits are current. Vehicle Code; review new guidance from Assembly Bill 43 Continue to use CA MUTCD Warrants for Stop Signs and warrants; identify areas Signals City policy based on CA MUTCD where additional warrants can be used (such as flashing stop signs) Planning for Density and No current plans, regulations or Implement localized plans Walkable Areas policies implemented for transit -oriented development TDM: Goals, Objectives, and Policies are addressed in City's Circulation Continue to support TDM Transportation Demand element. plans; monitor VMT Management (TDM)/Vehicle VMT: Addressed in Circulation reduction strategies in Miles Travelled (VMT) Reduction Element, and Traffic Impact conjunction with traffic Guidelines address VMTs to follow impact guidelines. CEQA. Collision data is kept with the Seal Continue monitoring crash Traffic Crash Monitoring Beach Police Department Records. data; Digitize collision data in GIS database Active Transportation Master No current plans or policies Consider implementing Plan implemented active transportation 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. Implement priority signaling at key No current plans, regulations or intersections; review Pedestrian Signal Timing policies implemented current timings for accuracy and appropriateness High visibility crosswalks are standard. School zone crosswalks Continue to implement implemented. Pedestrian countdown heads; evaluate countdown heads are being updated interventions at locations Crosswalks/Pedestrian as part of routine maintenance. with restricted Infrastructure Town Ctr Drive, Seal Beach BI near nue to movements; continue McGaugh Elementary School, Adolfo close gaps in pedestrian Lopez has restricted ped network movements due to vehicle turning movements. Coordination with Westminster, Los Alamitos, Cypress, CCSD, Fountain valley, and any other agency who Continue with current request assistance. At least one enforcement programs and Enforcement check point a year and five continually monitor the saturation patrols yearly, run by the effectiveness of these Police Department. Enforced programs. ordinances for helmet use/riding on sidewalks, and jaywalking. Develop bicycle-friendly Maintenance of city streets and Cal. policies that encourage Bicycle Policy trans.is responsible for PCH. No bicyclingfor leisure and as current regulations implemented. an alternative transportation mode. Transit vehicles currently Implement policies to accommodate bicycles. No current integrate bicycle Transit plans, regulations or policies infrastructure with transit, such as bike racks, safety implemented to ensure safe and improvements near popular equitable access to transit stops. stops. Summary of Programs, Policies, and Practices for City of Seal Beach Topic I Current Status Main St Revitalization project Wayfinding planned to implement wayfinding along Main St (in progress) DATA COLLECTION [INVENTORY Inventory of Pedestrian Signs andI Inventory' is kept with the Police Signals Department and with Public Works Inventory/Mapping of Active Transportation Routes Crossroad Database Active Transportation Volume Counting No current plans, regulations or policies implemented. Inventory is based on request. City does not use Based on Coastal Commission's request. Only applies to the beach lots and Main Street COORDINATION:% FEEDBACK Police Department does take citizen feedback for roadway safety. No Citizen Feedback way for City to track this feedback. 'Ask City Hall' website allows to give feedback. Institutional Coordination School Engagement 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. City coordinates with Los Alamitos USD. Implement or Enhance Monitor effectiveness of wayfinding, expand to popular locations. Continue to maintain and update inventory; digitize in GIS database if not done so already. Complete inventory of existing infrastructure, digitize in GIS and possibly include on wayfinding infrastructure. Implement regular updates of collision data into database. Continue traffic & active transportation volume collection; utilize this data in .collision analysis Continue to seek out resident feedback and incorporate into policies and implementations; expand opportunities for easy feedback from citizens. Maintain formal coordination between city departments; involve in collision analysis and planning process. Continue to coordinate with schools and Summary. of Programs, Policies, and Practices fot City, of Seai:.Beach Topic- Current Status Implement or'Enhance involve in collision analysis and planning process Continue to coordinate Currently active in City with City police and County Law Enforcement/Emergency transportation planning. Local Fire; involve in collision Service Engagement health agencies are not engaged in analysis and planning City transportation planning. process. Engage health agencies as stakeholder. 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. 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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 contri' future collisions. 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: hftp://www.dot.ca.gov/hq/LocalPrograms/atp/ 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 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. Appendix A: Case Study Sheets Email: ilee@sealbeachca.gov Project Location Description & Maps: Intersection: Westminster Ave & Kitts Hwy Examples of Similar Intersections: Seal Beach Blvd & Apollo Dr INTERSECTION Traffic and Geometric Data: Collision Data Total Collisions 10 Fatal and Injury Fatal Injury - 0 Collisions Severe Injury - 0 Control Type Visible Injury - 3 Top 3 Collision Types Rear -End (80%) Highest Posted Speed Limit Broadside (10%) Median Other (10%) Total Nighttime Collisions 2 Wet Surface Collisions 1 Drug and Alcohol Related 1 Collisions 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 Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 10 0 0 • 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) Kimley* Horn I here were no oicycie or peaesinan comsions ai ins iucaiiun, LneIew U d uCi 1C1Ji Uuwu I wL uC l.a1L UIaLUU iii this countermeasure Kimley*Horn Potential Counter- Crash Modification. : 20 Year Total 20 -Year ; Safety Related Primary issues measures Factor (LRSMLCMF ID) Safety- Benefit : Costs BSC Bike &Pedestrian Install green paint in bicycle 0.65 $1,390,480 - - lanes (R32PB) All Install retroflective 0.85 $595,920 $12,000 49.66 backplates on signal heads (S02) Install advanced dilemma 0.60 All zone detection system at (SO4) $1,589,120 $60,000 26.48 signals I here were no oicycie or peaesinan comsions ai ins iucaiiun, LneIew U d uCi 1C1Ji Uuwu I wL uC l.a1L UIaLUU iii this countermeasure Kimley*Horn Email: ilee@sealbeachca.gov Project Description & Maps: Segment: Seal Beach BI: Bradbury Rd to Rossmoor Center Way Examples of Similar Segments: Seal Beach Blvd: Plymouth Dr to St Cloud Dr Collision Data Total Collisions 3 Fatal and Injury Fatal Injury - 0 Collisions Severe Injury - 0 Visible Injury -1 Top 3 Collision Types Broadside (33.3%) (percentage) Rear -End (33.3%) Hit Object (33.3%) Total Nighttime Collisions 2 Wet Surface Collisions 0 Drug and Alcohol Related 0 Collisions SEGMENT J?_ -- Traffic Data Average Daily Traffic (ADT) 37,833 Lighting Yes Highest Posted Speed Limit 40 MPH Collision Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 3 0 0 • 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 Kimley*Horn Countermeasure Evaluation Primary Potential Crash Modification 20 Year Total, 20 -Year Safety Related Issues Countermeasures Factor (LRSM/CMF IDS Safety Benefit Costs B/C Increase turning radii of Turning driveways along Seal 0.95 $60,820 $50,000 1.22 Radius Beach BI Kimley»)Horn Email: ilee@sealbeachca.gov 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: 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 Additinnsl. NntPs- SEGMENT 'Traffic Data Average Daily Traffic (ADT) 1,000 Lighting Yes, south side of road Highest Posted Speed Limit 30 MPH Collision. Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 1 0 0 • 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 Kimley)OHorn Countermeasure Evaluation Primary Potential Crash Modification 20 Year Total,20-Year Safety Related Issues Countermeasures Factor (LRSMICMF ID)� Safety' Benefit Costs. BIC All Install centerline striping 0.75 $80,900 $8,000 10.11 All Install edgeline striping 0.75 (R28) $80,900 $8,000 10.11 All Install speed feedback 0.85 $48,540 $5,000 9.71 signage (NS06) PedInstall Bike bicycle lanes ( 0.65 $113,260 $25,000 4.53 KimleyAMorn Email: ilee@sealbeachca.gov Project Location Description & Maps: Intersection: Seal Beach BI & Westminster Ave Example of Similar Intersection: Seal Beach Blvd & Pacific Coast Highway Collision Data. Total Collisions 18 Fatal and Injury Fatal Injury - 2 Collisions Severe Injury -1 Control Type Visible Injury - 4 Top 3 Collision Types Hit Object (38.9%) Highest Posted Speed Limit Broadside (27.8%) MAN ME Total Nighttime Collisions 8 Wet Surface Collisions 2 Westminster Ave Collisions P, ` _�. ;%c �-tet. •. Collision Data. Total Collisions 18 Fatal and Injury Fatal Injury - 2 Collisions Severe Injury -1 Control Type Visible Injury - 4 Top 3 Collision Types Hit Object (38.9%) Highest Posted Speed Limit Broadside (27.8%) Median Rear -End (16.7%) Total Nighttime Collisions 8 Wet Surface Collisions 2 Drug and Alcohol Related 5 Collisions INTERSECTION 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 Breakdown: Veh vs. Veh Veh vs. Ped Veh vs. Bike 17 0 1 • 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 Kimley»)Horn Kimfep Horn Potential Counter- Crash Modification Factor, 20 Year Total 20-Ye6r Safety Related Primary Issues measures (LRSM/CMF ID), � Safety Benefit Costs B/C All Install bus bay on southern 0.95 $527,280 $150,000 3.52 leg of Seal Beach BI Bike & Pedestrian Reconfigure bicycle lanes 0.95 $28,460 $60,000 0.47 approach Bike &Pedestrian Retrofit ADA ramps to 0.95 $527,280 $100,000 5.27 address current issues All Install retroflective 0.85 $1,581,840 $12,000 131.82 backplates (S02) Install additional 133-7 sign 0.85 All (Left Lane Must Turn Left) (NS06) $1,581,840 $1,500 1054.56 on north leg median Install advanced dilemma 0.60 All zone detection system - can (SO4) $4,218,240 $80,000 52.73 address curve visibility Install curve advance 0.70 All warning signs (flashing (R25) $3,163,680 $80,000 39.55 beacons) Install dynamic speed 0.70 All warning signage before (1126) $3,163,680 $100,00 31.64 curve Kimfep Horn Email: ilee@sealbeachca.gov Project Location Description & Maps: Intersection: Seal Beach BI & Golden Rain Rd Examples of Similar Intersections: Seal Beach Blvd & Heron Pointe; Seal Beach Blvd & Rossmoor Way INTERSECTION Collision Data Total Collisions 3 Fatal and Injury Fatal Injury - 0 Collisions Severe Injury - 1 Control Type Visible Injury - 0 Top 3 Collision Types Rear -End (66.7%) Highest Posted Speed Limit Broadside (33.3%) Total Nighttime Collisions 2 Wet Surface Collisions 0 Drug and Alcohol Related 0 Collisions 0 Additi,nal Nates • No crosswalk across Seal Beach BI • No sidewalk but bike lane along NB Seal Beach BI • Red light running has been observed here • Confusion by intersection proximity has been observed as well 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 Collison Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 3 0 0 Kimlep Horn Countermeasure Evaluation No pedestrian or bicycle collisions occurred ai finis iocauon, inereiore a saieiy DeneM cannuL lie aa1L;U1dLUU Kim9ey»)Horn Potential Counter Crash Modification, Factor 20r Year Total 20 -Year Safety Related Primary, Issues measures (LRSM/CMF ID); Safety Benefit Costs B/C All Install retroflective 0.85 $1,411,080 $12,000 117.59 backplates on signal (S02) Install crosswalk across 0.65 Bike & Pedestrian Seal Beach BI to facilitate (NS21 PB) $100,000 bicycle crossings All Install shutters on signal 0.95 $470,360 $100,000 4.70 heads to prevent speeding Adjust signal timing to All address run throughs of 0.85(S03) $1,411,080 $8,000 176.39 signals All Install advanced dilemma 0.60(SO4) $3,762,880 $60,000 62.71 zone detection system No pedestrian or bicycle collisions occurred ai finis iocauon, inereiore a saieiy DeneM cannuL lie aa1L;U1dLUU Kim9ey»)Horn Email: ilee@sealbeachca.gov Intersection: Seal Beach BI & Bolsa Ave Examples of Similar Intersections: Pacific Coast Highway & Bolsa Ave 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 • 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 BI INTERSECTION 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 Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 1 0 0 KimlepMorn Countermeasure 'Evaluation *No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot oe caicui ea Kimlep)) Horn Potential Counter Crash Modification 20 Year Total 20 Year Safety Related Primary Issues measures Factor (LRSM/CMF ID) Safety Benefit Costs B/C All Install crosswalk along 5% $100,000 Westminster leg (4124) Bike & Pedestrian Upgrade bicycle lane 0.65 (R32PB) " $15,000 =` striping along Seal Beach BI Install no right -turn -on -red All restriction from Bolsa Ave 0.95 $28,460 $50,000 0.57 on WBR movement All Install lane tracking striping 0.91 (S09) $56,920 $22,000 2.59 on left turns Install additional through 0.95 All movement signal heads on $28,460 $100,000 0.28 Bolsa Ave movements Evaluate relocation of bus All stop on Seal Beach BI north - varies varies varies of Bolsa Ave *No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot oe caicui ea Kimlep)) Horn Email: ilee@sealbeachca.gov Project Location Description & Maps: Intersection: Ocean Ave & Electric Ave Examples of Similar Intersections: 14th St & Electric Ave; Main St & Electric Ave Collision Data Total Collisions 2 Fatal and Injury Fatal Injury - 0 Collisions Severe Injury - 0 Control Type Visible Injury - 0 Top 3 Collision Types Vehicle -Pedestrian Highest Posted Speed Limit (100%) Total Nighttime Collisions 2 Wet Surface Collisions 0 Drug and Alcohol Related Collisions 0 Adtlitinn:4 NntPs- INTERSECTION 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 Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 0 2 0 • 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 Kimlep)) Horn Countermeasure Evaluation Kimlep Horn P.otenfial Counter Crash Modification : 20 Year Total 20 -Year Safety Related Primary Issues measures Factor (LRSM/CMF ID) Safety Benefit, . Costs BSC All Improve signage and 0.90 (S09) $64,720 $22,000 2.94 striping along bicycle lane All Evaluate roundabout at this varies varies varies varies location Kimlep Horn Email: ilee@sealbeachca.gov Project Location Description & Maps: Intersection: Tulip St & Lampson Ave Examples of Similar Intersections: Healther St & Lampson Ave; Basswood St & Lampson Ave Collision Data Total Collisions 1 Fatal and Injury Fatal Injury - 1 Collisions Severe Injury - 0 Control Type Visible Injury - 0 Top 3 Collision Types Broadside (100%) Highest Posted Speed Limit _(0%) Median _(0%) Total Nighttime Collisions 0 Wet Surface Collisions 0 Drug and Alcohol Related 1 Collisions 0 INTERSECTION 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 Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 1 0 0 • 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 Kimley>»Horn L 'ountermeasure Evaluation Potential Counter Crash. Modification 20 Year Total 20 -Year Safety ' Related Primary Issues measures Factor (LRSM/CMF ID) Safety Benefit Costs B/C Install no right -turn -on - All red restriction on NBR 0.05 $32,360 $10,000 3.24 movement All Reevaluate signal timing, 0.85 (S03) $97,080 $8,000 12.14 including all -red phases All Install protected phasing on 0.45 $291,240 $75,000 3.88 N/S movements (S06) Kimley»> Horn Email: ilee@sealbeachca.gov Project Location Description & Maps: Intersection: Caravel Way & Marina Dr Examples of Similar Intersections: Ocean Ave & 3rd St; Ocean Ave & 14th St Collision Data Total Collisions 2 Fatal and Injury Fatal Injury - 0 Collisions Severe Injury - 0 Control Type Visible Injury - 0 Collision Types Broadside (50 %) Highest Posted Speed Limit Sideswipe (50 %) Total Nighttime Collisions 1 Wet Surface Collisions 1 Drug and Alcohol Related 1 Collisions 0 • 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 INTERSECTION 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 Breakdown Veh vs. Veh Veh vs. Ped 1 Veh vs. Bike 1 2 0 0 Kimley*Horn 'ountermeasure Evaluation Primary Issues Potential Counter- Crash ModificationSafety Factor 20' Year Total 20 -Year Related . measures (LRSM/CMF ID) Safety Benefit. Costs, B/C All Install traffic circle 0.65 (NS05) $226,520 $80,000 2.83 Install safety lighting at 0.65 All Marina Dr & Caravel Way (1301) $226,520 $50,000 4.53 intersection All Install all -way stop 0.50 (NS02) $323,600 $20,000 16.18 Bicycle & Reconfigure bicycle lane 0.95 $75,000 Pedestrian striping and signage *Nn narlactrian nr hirurla rnllisinns nrrurreri at this Inration_ therefore a safetv benefit cannot be calculated Kimley*Horn Email: ilee@sealbeachca.gov Project Location Description & Maps: Intersection: Marina Drive & Pacific Coast Highway Examples of Similar Intersections: Pacific Coast Highway & 1 st St INTERSECTION Collision Data Total Collisions 4 Fatal and Injury Fatal Injury - 0 Collisions Severe Injury - 0 Control Type Visible Injury - 0 Top 3 Collision Types Broadside (50%) Highest Posted Speed Limit Rear -End (50%) Total Nighttime Collisions 1 Wet Surface Collisions 0 Drug and Alcohol Related 0 Collisions • Sigh distance issues due to curves • Caltrans is planning to put bike lane on PCH • PCH & 8th St crossing is no left -turn 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 Breakdown Veh vs. Veh Veh vs. Ped Veh vs. Bike 4 0 0 KimlepWorn 'Countermeasure Evaluation Eryssues Potential Counter- measures Crash Modification" Factor (LRSM/CMF ID) 20. Year Safety Benefit Totat 20 -Year ; Costs: Safety Related. B/C Intersection control evaluation to determine All potential changes to 0.95 $64,720 $100,000 0.65 geometric configuration, in coordination with Caltrans Install median or bollards to 0.55 All prevent left -turns from 8th (NS19PB) $582,480 $25,000 23.3 St onto PCH Kimlep))Horn EXHIBIT C SAFE STREETS FOR ALL (SS4A) GRANT AGREEMENT Page 18 of 19 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 1. Award No. 2. Effective Date 3. Assistance 693JJ32340099 See No. 17 Below Listings No. 20.939 4. Award To 5. Sponsoring Office City of Seal Beach U.S. Department of Transportation 211 Eighth Street Federal Highway Administration Seal Beach, CA 90740-6305 Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Unique Entity Id.: J2JWJVWQ8EA6 Washington, DC 20590 TIN No.: 95-6000794 6. Period of Performance 7. Total Amount Federal Share: $200,000.00 Effective Date of Award — 24 Recipient Share: $ 50,000.00 months Other Federal Funds: $ 0.00 Other Funds: $ 0.00 Total: $250,000.00 8. Type of Agreement 9. Authority Grant Section 241-12 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021; also referred to as the "Bipartisan Infrastructure Law" or "BIL") 10. Procurement Request No. HSSP230266PR 12. Submit Payment Requests To See article 20. 11. Federal Funds Obligated $200,000.00 13. Payment Office See article 20. 14. Accounting and Appropriations Data 15X0173E50.0000.055SR10500.5592000000.41010.61006600 15. Description of Project The Project will develop a Safety Action Plan (SAP) that meets federal requirements that will identify, analyze, and prioritize safety improvement projects in depth to eliminate the multitude of serious injuries and fatalities on local roadways. RECIPIENT 16. Signature of Person Authorized to Sign fignpturS Date Narne: Jill Ingram Title: City Manager FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer JASON DAVID Digitally signed by JASON DAVID MOTALA MOTALA Date: 2023.07.0508:42:55-06'00' Signature Date Name: Jason Motala Title: Agreement Officer 1 of 12 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 "FHWA") 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 httos://www.transportation.aov/grants/ss4a/ rg ant -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-govemment-wide integrity and performance system. 2of12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ARTICLE 2 APPLICATION,. PROJECT, AND AWARD 2.1 Application. Application Title: City of Seal Beach Safety Action plan Application Date: 09/15/2022 2.2 Award Amount. SS4A Grant Amount: $200,000 2.3 Award Dates. Period of Performance End Date: See Section 6 on page 1 2.4 Budget Period Budget Period End Date: See Section 6 on page 1 2.5 Action Plan Grant or Implementation Grant Designation. Designation: Action Plan 2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1. ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project's Statement of Work. The award will be used by the City of Seal Beach to develop a comprehensive safety action plan. 3.2 Project's Estimated Schedule. 3of12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion Date: 02/28/2024 Planned Action Plan Completion Date: 05/30/2024 Planned Action Plan Adoption Date: 1 06/30/2024 Planned SS4A Final Re ort Date: 06/30/2024 3.3 Project's Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $200,000 Other Federal Funds:: $0 State Funds: $0 Local Funds: $50,000 In -Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $250,000 (b) Supplemental Estimated Budget Cost Element Federal Share Non -Federal Share Total Budget Amount Direct Labor $28,000 $7,000 $35,000 Fringe Benefits $12,000 $3,000 $15,000 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual/Consultant $160,000 $40,000 $200,000 Other $0.00 $0.00 $0.00 Indirect Costs $0.00 1$0.00 $0.00 Total Budget J$200,000 IS50,000 1 $250,000 4of12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WTTIiOUT MODIFICATION Revised 2023-3-9 ARTICLE 4 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 5of12 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.FHWA@dot.gov and Vince Mammano Agreement Officer's Representative (AOR) Division Administrator FHWA California Division Office 650 Capitol Mall, Ste. 4-100 Sacramento, CA 95814 916-498-5015 Hdaca a,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.Pybum@dot.gov ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office, for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS 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). 6of12 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 outof any world 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 Officers 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 (hQ://www.dot.gov/cfo/deluhi-einvoicing-system.html) or by contacting the 7of12 DRAFT TEMPLATE; NOTINTENDED FOREXECUTIONWITHOUT 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 ofFinancial Management US Department of Transportation, Office of Financial Management B-30, Room W93-431 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 271 s 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. ARTICLE 6 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. 63 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. 8of12 DRAFT TEMPLATE; NOTINTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: City of Seal Beach Baseline Measurement Date: 06/30/2024 Baseline Report Date: 07/15/2024 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency The City of Seal Beach Safety Action Plan will study the entire City, which has Equity a disadvantaged community population of 06/30/2024 29.8%. Therefore, the Project benefit to underserved communities is 29.8% Costs $250,000 06/30/2024 Lessons Learned and Recommendations relating to future Recommendations Projects of strategies to prevent death and 06/30/2024 serious injury on roads and streets. 9of12 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 ATTACHMENT B CHANGES FROM APPLICATION INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose ,of this attachment B is. to document the differences clearly and accurately in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See section 10.1. Scope: No changes have been made. Schedule: No changes have been made. Budget: No changes have been made. 10 of 12 DRAFT TEMPLATE; NOT INTENDED FOREXECUTION 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: 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 of race, 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 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 supporting 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 supporting 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 supporting 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 improved access in the supporting 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 supporting 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 of race, 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 DRAFT TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2023-3-9 against such person in compensation or in terms of conditions or privileges of employment. Additionally, the City of Seal Beach has a Non -Discrimination Clause and Statement of Compliance that is included in all Professional Services Agreements made between the City and consultants/subconsultants/contractors. The City has and will continue to include and follow these measures to ensure racial equity in the overall delivery and implementation of the Project. r 12 of 12 EXHIBIT D FHWA SS4A GRANT GENERAL TERMS AND CONDITIONS Revision 2: August 1, 2023 Page 19 of 19 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 1 of 30 Table of Contents Article7 Purpose.........................................................................................................................6 7.1 Purpose....................................................................................................................................6 Article8 USDOT Role................................................................................................................6 8.1 Division of USDOT Responsibilities........................................................................................ 6 8.2 USDOT Program Contacts.......................................................................................................7 Article9 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 2 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 Article25 Assignment...............................................................................................................26 25.1 Assignment Prohibited......................................................................................................... 26 Article26 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 3`' of 30 28.1 Information Contained in a Federal Award .............................................. Article 29 Construction and Definitions....................................................... 29.1 Attachments............................................................................................ 29.2 Exhibits................................................................................................... 29.3 Construction............................................................................................ 29.4 Integration............................................................................................... 29.5 Definitions.............................................................................................. Article 30 Agreement Execution and Effective Date ..................................... 30.1 Counterparts............................................................................................ 30.2 Effective Date.................................................................. :......... :............ 4 of.30 ............................... 29 ............................29 ............................... 29 ............................ 29 ............................... 30 ............................... 30 ............................... 30 ............................3 0 ............................... 30 ....... 30 Index of Definitions Administering Operating Administration .........................................:. Environmental Review Entity...........................................:...................................25 FederalShare.............................................................................................................:..............11 FHWA........................................................................................................................................7 NOFO.........................................................................................................................................6 OMB.........................................................................................................................................11 ProgramStatute.........................................................................................................................28 Project.........................................................................................................19 ProjectCloseout........................................................................................................................16 SS4AGrant...............................................................................................................................28 USDOT.......................................................................................................................................6 5 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. 6 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; 7 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 maintainedin 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. 8 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. 0 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. 10 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. 11 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. 12 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 201', April 201h, July 201i, 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 201i 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. 13 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. 14 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 15 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 itdoes 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; 16 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. 17 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. 18 of 30 17.4 USDOT Record Access. The i7SDOT 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. 19 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 20 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. 21 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 rcontingent 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. 22 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 elnvoicing," 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 11.1 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 23,' 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. 24 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; 25 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. 26 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. 710.5.01 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). 27 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. 28 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 29 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. 30 of 30 EXHIBIT B Accepted Proposal 37 of 39 2903700 SPEED <i> LIMIT 55 �Op Sample Minagar & Associates, Inc. Signing & Striping Plans ' ii...n�..o...«,v.. . Sample Minagar & Associates, Inc.'s Intersection Improvement Map Li. Request for Proposals for Safety Action Plan (SAP) City of Seal Beach, CA Existing and Proposed Bikeways in the City of Seal Beach Truck Routes in the City of Seal Beach Bikeways in City of Sed Beach (Fasting antl PraposcUlPkvu,W)� 1 •_�:. �..- --...- xa r-,.�.+>�> �y��__r. ,.� w...�._.,,,_},� Truck Routes in City of Seal Beach "o-1 "OMD /V'aasstll N L—N �,- 0-1 ..M M.11 iV chss In /'. aanN 0 Caf Baunda y N TNsk Routes 1 ___v'`cauas.s:ssv»ntueo..a= SPEED, e J ... •�* LIMIT ONLY NLY ONLY j Us i. CITY OF SEAL BEACH Public Works Department 211 Eighth Street Seal Beach, CA 90740 PREPARED FOR: PREPARED BY: MINAGAR & ASSOCIATES, INC. ITS — Traffic/Civil/Electrical Engineering — Transportation Planning — Homeland Security — CEM 23282 Mill Creek Drive, Suite 120 f `= ti Laguna Hills, CA 92653 30Xean of Ecallenctl, - Y September 20, 2023 REQUEST FOR PROPOSALS SAFETY ACTION PLAN (SAP) FOR THE CITY OF SEAL BEACH PUBLIC WORKS DEPARMENT PRESENTED TO: 4yO� SEA( dF92 CITY OF SEAL BEACH Public Works Department f 211 Eighth Street °4ffmo 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. �Y3 Traffic/Civil/Electrical Engineering — ITS — Transportation Planning & CEM Section 1 Cover Lettef, 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 23282 Mill Creek Road, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Web: www.minagarinc.com MINAGAR & ASSOCIATES, INC. ',30 Traffic/Civil/Electrical Engineering — ITS — Transportation Planning & CEM Since 1993, .our firm has completed the following projects: ❑ 900+ Nationwide Projects ❑ 350+ Traffic and Safety Studies n 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 n 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 minagarfCcDminagarinc.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) F�2C QOMIN", Fred Minagar, MS, RCE, PE, FITE President/Senior Project Manager °g':�gp,AL 23282 Mill Creek Road, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Web: www.minagarinc.com 4 (Section 2 — Table of Contents to-fle Section1 - Cover Letter.............................................................................................................. 3 Section2 — Table of Contents.................................................................................................. 5 Section3 — Local Staffing List................................................................................................. 6 Section 4 — Company Qualifications........................................................................................ 7 Section5 — Schedule/Hours.....................................................................................................10 Section 6 — Project Understanding/Scope of Services..........................................................11 Section7 — References............................................................................................................17 Section8 - Exceptions..............................................................................................................23 Section9 — Fee Proposal.........................................................................................................23 Section10 —Contract Signatories..........................................................................................23 Section 11 — DIR Registration/Contractor's License............................................................23 Section12 — Business Entity.................................................................................................23 LIST OF APPENDICES Appendix A: Key Personnel Resumes REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 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 Ms. Iris Lee Public Works Director Ms. Kathryne Cho, PE Deputy Public Works DirectoNCity Traffic Engineer MINAGAR & ASSOCIATES, INC. Fred Minagar, MS, PE, RCE, FITE Project Manager MINAGAR & ASSOCIATES, INC. a MINAGAR & ASSOCIATES, INC. Arian Abrishami, BSEE, PE, PMP Firoz Vohra, MS, TE Signal Systems and Electrical Engineer Project Engineer/Principal Traffic Engineer 10 MINAGAR & ASSOCIATES, INC. Jenny Tran, BSEE Engineering Assessment & Report Preparation MINAGAR & ASSOCIATES, INC. Michelle Nguyen, BSCE, EIT Project Traffic Engineer C) MINAGAR & ASSOCIATES, INC. Serge Tavour, ASCE Roadway & Intersection Geometry Evaluation '} MINAGAR & ASSOCIATES, INC.I Phillip Nguyen, BSCE, ENV SP Assistant Traffic & Transportation Engineer i MINAGAR & ASSOCIATES, INC. Nhi Hoang, BSCE Traffic & Transportation Engineering Assistant C MINAGAR & ASSOCIATES, INC. 1 6 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA Key Personnel Responsibility and Availability Chari Fred Minpg�TMs,, HE, CE,FtTE 39 so Aran Abnshami, MSEE, PE, PMP 38 o w � ✓ ✓ ✓ I Firoz Vohra�, NIS, _ TE �� N Serge Tavour, ASCE 36� 90 0,a) .,a r Jenny Tran, BSEE Michelle Nguyen, BSCE 4 65 �tA ✓ Phillip Nguyen, BSCE, ENV SP 2 75___j Fred Minpg�TMs,, HE, CE,FtTE 39 so Aran Abnshami, MSEE, PE, PMP 38 70 ✓ ✓ ✓ I Firoz Vohra�, NIS, _ TE �� 39 Serge Tavour, ASCE 36� 90 ✓ Jenny Tran, BSEE Michelle Nguyen, BSCE 4 65 ✓ ✓ Phillip Nguyen, BSCE, ENV SP 2 75___j 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: n Traffic Engineering ❑ Safety Assessment, LRSP, HSIP, SS4A, SAP ❑ Intelligent Transportation Systems (ITS) ❑ Traffic Control Plans (TCP) n 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, SynchroTm and Highway Capacity Manual (HCM) traffic modeling & impact analysis, construction bid & advertisement services, and construction management/inspection services. G MINAGAR & ASSOCIATES, INC. 7 REQUEST FOR PROPOSALS for S_ SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 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. C MINAGAR & ASSOCIATES, INC. 8 REQUEST FOR PROPOSALS for . SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 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 EI Monte a "" <, ;,.- O - City City i of Baldwin Park - Ci of Gardena ' Sal „a - City of San Bernardino - City of Colton - City of Chino Hills - City of Beaumont iy ► ,...w• j �� =- ❑ 25 EIS/EIR Projects • • - • ❑ 25 Traffic Control Plans (TCP) ❑ 920+ Traffic Signal Operations Studies & Traffic Impact, \ Analyses (TIA) ❑ 9,600+ Synchronized & Retimed Signals and System Evaluations ❑ 80 Plans, Specification &. Estimates (PS&E) o 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 n 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 Q MINAGAR & ASSOCIATES, INC. 9 W J Q co) OZ LL OJ �a� SO0 LUU LL J Q W N ar U- 0 rn O U � O p Z � N o � ) = O 4-- 0 O ,C V O fA a) 0 -0 y� cn cn fC C O C O Er Nn 0') N 4- •C .C] cn a) C C •3 fD O U O (D a) m Q U E OU N O N U O O Z E �a N U o N F- O Q O cn c C - E 3 � � O E co co - CL M Cn O a CU w C O U CL M OO O U O Q- O in O CL �_ O E m U p Eo O U d In O N U C2 N N co Y N CO CD L 0 cn O O t ca N O CYi d- NT O N Cfl O C O • � f U O m O r Z W a V O y H a V Z `�{JJ M Lo M M MOF— C M N C co N N 1 N' N ` M N N N cm N TZ- - - CD d a F Cl) 4 — d � M y go •- - F � o 03 R 0o 33. m >_ D � .N N C p Z N— _..,_,..O t - t Y O N C O,N O w - C d � i O) •OU p. m = y F N" O O W Q pO = v N m U) c Q O C C m = O) U •a cm C I-- V) N w d '� a)N �' C) fn �' m Y N O •Q cn cm c r- C y 2 O A 0 D) .,Oa •O N o o O c o -p Uj O ,7 Q..� c R f p N = m d R OL. 3 co E �- 9i �c = W, it m' o m ` c m o ? ? w > asi c nom' 9z ° °d _ 0 _ Dr CG F •O Y O Cj rd. .� .� U N w U 5 i N N > �. C, O O O, Z a R a O cn O 0 R o p a C w U) F O v. F O n. N w in ii n. o❑ d iL v a s �- Y A. N M V to r F O r Z W a V O y H a V Z `�{JJ ° REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 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 City of Seal Beach's LRSP's Recommended Safety Projects Local Roadway Safety Plan, dated May 2022, only covers up to December 31, 2019, Minagar &Associates, Inc. MINAGAR 8g ASSOCIATES, INC. 11 Convert lntersettbn [o roundabout (from2•wYsmPer „lbcMtrol, NWS 35% 580,000 Per htanectaas Imtawu Ppade larger ar add I[latul stop S1g15)amtr WerslRlwKwaminpJregub[Oryslgns {stop SignswOh 150 borders) N508 15% 37,500 Pea 5gn ImtaurohedmMlan ROB 25% 575.000 ParLSle IMtap tdgeOnes2nd [!n!lNrot R28 25% 55,000 Per W. IMtap Curve advance wamin6 R25 30% 580.000 Pa sign Instep dy[nmlcspeed wambgsigns R28 30% 3100,000 Per sgn Install green pabttifl bicycle Lines R32" 35% '35% 475.000 PCLTirsecdon 7mtatlrewrc0ec0ae bazkptates 502 15% 312,000 Pu b•.waedws Impmleslgnall6ning lrmrdlnatbn, phasing, red, YeOow, .0 d..) S�, 15X. SBA00 Per lnlenxmnn InsctOadvasKed dTtmmarone de[ecUan SOS .AO% 503,000 Per Mtea inn Wtatl Protertld left -tum pha5l"a 508 45% 575.000 PmintersecOm Imtap raKtdpavdnln[marLersard ivfping (ThrOugn Imlrsemonl S09 10% 522,000 ParNmrsecoon mstatl raked medlam (refuge Blands) NStOPO 45% 325.000 PerNiesteNast Instawupgrade pedesvlanwsslog atunconvoDed boUOM NS27P0 15% 570,000. Per lnfersaceun Add segment pghtltsg ROt 35X 550.000 Per W. mmert to aaWrystop msgrtl prom 2.way orYkW [omro0 NS02 stf% 370,000 Pertttetbn Instap Nlglt•vs161gty 0rossWah 472a aBx szs.oaB PerGossrrapt Inamse turning radpofdriveways 5% SS OA00 Parl.owdort Inrtap b., by SX 5750,000 Per Lacsdon City's existing City of Seal Beach's LRSP's Recommended Safety Projects Local Roadway Safety Plan, dated May 2022, only covers up to December 31, 2019, Minagar &Associates, Inc. MINAGAR 8g ASSOCIATES, INC. 11 SX 5750,000 Per Lacsdon City's existing City of Seal Beach's LRSP's Recommended Safety Projects Local Roadway Safety Plan, dated May 2022, only covers up to December 31, 2019, Minagar &Associates, Inc. MINAGAR 8g ASSOCIATES, INC. 11 REQUEST FOR PROPOSALS for 110 SAFETY ACTION PLAN (SAP) no ° 55 CITY OF SEAL BEACH, CA —' 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. Crash Locations in the City of Seal Beach Jan. 9, 2020 — Dec. 39, 2022 283 Crashes Seat Beach LEGEND • Crash Location City Limits Wasfadi1Sf2f` Surf N&.V, W'sqaC"* 15b:°w $6+d1 �tB:V�fs f a' �icxi_c �C Z. I C MINAGAR S ASSOCIATES, INC. 12 > m 3' • 5 y11 l o`d f yob j 0 VO X o Leisure World 0 dst �f @p 0 �y O r � . S say spa f•;�.A Crt;'# 4+b` r •: O Seat Beach LEGEND • Crash Location City Limits Wasfadi1Sf2f` Surf N&.V, W'sqaC"* 15b:°w $6+d1 �tB:V�fs f a' �icxi_c �C Z. I C MINAGAR S ASSOCIATES, INC. 12 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA Number of Crashes in the City of Seal Beach by PCF Violation Jan. 9, 2020 — Dec. 39, 2022 283 Crashes 3 (1.065 2(0.71%) 50 {2049°0) 39 (13-780) PCF Violation o0 - unknom Cg - unsafe Sp= -ed o5-WrongSeee of Road oto - Improper Turning 5o-P-ade= ian:fight of Way � i^..- Traffic JlgnclS and Sig rz IS- 0:1-,erinan DrWagbr?edstrian) Eo (1o.6o%) 132 (46.6496) rnutic `.i, � uaE°m Ro�� 55 ! O, - DOAna or 5'cy clung Cinder the Influence o` Alcohal or Drag • Oe - Follovrng Toa Closely 0 Oy-UnsafeL_neChange Og-,",utamohr e Ribht s Way C—) i- - Pedera ian Violation r - Other Ha2rcous Molation - C-hrerimproper Drhir�g 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 Sheriffs Department • Orange County Fire Department • Los Alamitos Unified School District • Naval Weapons Station Seal Beach • Caltrans • Golden Rain Foundation y�P�g.FgCy sxeeusA POLICE o� • n—� • MINAGAR & ASSOCIATES, INC. 13 s ' REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 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) !.uw.wlDrat Roadway Safety STANDARD PLANS ASWaWY�waf,_ 2022 Fition MINAGAR & ASSOCIATES, INC. 14 iT"Im�wdNN"".wCf Safety Element �;��_ O.0 on'the v _ _ ACTIVE7q ANSPOYTATI0K LAN MINAGAR & ASSOCIATES, INC. 14 REQUEST FOR PROPOSALS for J SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA Task 5: Strategy and Project Selections tnucrc `moi) � uwCOr eourrc _ 55 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. ya/, uMR Features such as bicycle/pedestrian/vehicle conflict zones, speed limits, and truck 55 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 ROUTE! inventory. This research will be incorporated into the 65% preliminary SAP. r. s 119 "a .nr t Existing Truck Routes in the City of Seal Beach Source: Seal Beach General Plan The New 6C Sticker ^ "' Transponders a Great Success with Over 1.5 Million Toll Roads Users in Orange County, CA Existing and Proposed Bikeway Facilities — Planning Area 4 E Legend �- O®4 0.-11mt 3�Om to riiD{2nlafl A3.cid" npn, Existing and Proposed Bicycle Facilities in Planning Area 4 in the City of Seal Beach Source: Seal Beach General Plan C MINAGAR & ASSOCIATES, INC. 15 REQUEST FOR PROPOSALS for W-al SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA Subsequently, Minagar will establish objectives and goals for the 90% draft SAP. The draft will include a list of projects, programs, f and strategies for safety improvement, explain the prioritization Safe and Rocadads,Streets 's criteria used, and divide proposed interventions into infrastructure, for All ° behavioral, and operational safety improvements. The draft will I 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. --;-sOt ��" "f amesrwv"werm�srsr¢ca.a.a"ms� r,�. :. � "•�I � -._:-. , '1� �4l •�lry ABY. . ' t ,� r� � `� ` > � �' f •fit^ �T±. =, fit an Nws.rm.l Fwaxe Awatl CNbneAre5dl Welles-R.wmmd.l�T{M4Mflb s® r�� mwn I peruar�r Minagar & Associates, Inc.'s Intersection Improvement Map for the City of Huntington Beach's LRSP 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 C MINAGAR & ASSOCIATES, INC. 16 REQUEST FOR PROPOSALS for J SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA �!. uMrt� TRUCK re � � 55 ROUTE � _. _i__i 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: ssweeneysaD_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: croldanaftca.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(cDcityofneedles.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 ® MINAGAR & ASSOCIATES, INC. 17 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) ° CITY OF SEAL BEACH, CA CITY OF HUNTINGTON PARK (2029-2022) �2.y$rn� fr Q' vL- 4 f iiR - %, AMT v�� a. 10 O 3 City of Huntington Park's Local Roadway Safety Plan (2021) PROJECT DISCRIPTION Minegar A Associates, Inc. was Waded by the City of HumdngMn Park to provide professional engineering and planning services to develop the City's Local Roadway Safety Plan. Collision history of 2015.2020 within the City has been col leded and free safety emphasis areas were identified which included High Collision ICersections. High Collision Roadway Segments, Broadside Cofrrsions Duca Autontobilo Right cf Way, Rom End CoOrsiona Due to Unsafe Speed, and Vehicle and Pedestrian Collisions Due to Pedestrian Right of Way and Pedestrian Violation. The top 20 (m terms of number and severity of ashes) locations which Include 14 intercarlln.. and 8 roadway segments were identified and analyzed to study the causes of the sashes that is known as the Primary Collision Fedor. Following the safety analysis of prominent intersections and roadway segments in the City. Minagar & Associates.lno, developed a fist of countermeasures w4h a eorresporAring Crash Mod itation Factor (CAIF) for stop control intersections. ba5c signal control intersections, and roadway segments. Countermeasures were developed in compliance with the Local Roadway Safety Manual (Varakin 1.5, Apri12020). Additionally. Minagar & AssiicWas. Inc. developed a truck turning template to study and revise the City's truck route map. Minagar if Associates. Inc, conducted a quardative analysis by utilizing a 4K high resolution drone to review ebsiing field geometry and ensure California Manuel on Uniform Trak Control Devices (CAMUMD) standards ala mot. For each prominent intersection and roadway segment. hrinegar & Associates. Inc. included ft following; • Primary Collision Factor and Corresponding Number of Collisions • Collision Pattern • Countermeasures 4 High Collision Recommendations 4 Pcdcstrtsn and Bicyclist Rocommendations • Description of ham the recommended countermeasures will enhance safety • Countermeasure Plans . Eenefd-Cost Ratio (SCR) IL - i re lit 34, a q�4 f'9rr ,• r f—. ��,'lfOX LOCATION • Huntington Pari. Los Angelos County. CA SCOPE OF WORK • ProjeetManagement • StakeholderstCommunity, Engagement . Qualitative Field Review • 5 -year Data Collection . Safety Analysis • Revision ofTruck Routes • Development of Safety Countermeasures • Development of Draft LRSP • Development of Fnst LRSP CLIENTIAGENCY • City of Huntington Park, CA Mr_ Cesar Roldan, PE MA%b Direcforof PubGcVJodcs Department of Public Wodcs 0550 Miles Avenue Huntington Park. CA 00255 E-mail- aoldanChpco.gav Tat (323) 5844MO BUDGET • Total LRSP State & Local Funds: $59,000.00 • Minagar & Associates, Inc. Fees: 549,366.00 uw tip.. -.. u. as r•. ....r d .0 *r:.:.� r+.a 1+":a�i1 t Y t. .••— #k sFi Ate+ �-aiw.�•+w r.. «•.�,�`'' a a.�c'' rte. rrv'a•torrs CMF= wwt±°x3 ,r.„r•w.•ab«a.bw.�,, -`--`19Yaa� carr i�nco�- C MINAGAR & ASSOCIATES, INC. 18 REQUEST FOR PROPOSALS for J SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA UCITY OF GUADALUPE (2021) ld � w at 6 2 0 "tL 5 ��FIt t /1 d : I It I > City of Guadalupe's Local Roadway Safety Plan (2021) PROJECT DISCRIPTION MhWar & Associates. Inc, was selected by the City of Guadalupe to provide professional engineering and planning services to develop the Crus Local Roadway Safety Plan Collision history of 2015-2020 within the Cly has been co5ected and four safety emphasis 2ra2s were identified which included fth Collision IrdarsecSonc, High Collision Roadway Segmenta. Rear End Cot6sions Due to Driving or Bicycling Under the Influence, ofAkohoi.and Unsafe Speeds, and Broadside Collisions Due to Improper Tuning. The top 10 (in terms of number and severity of erashen) locations whir3n inehide 8 inr•.eo Itnn and 91 roadway segments were idenntied and analpmed to study the causes of the crashes that is known as the Primary Collision Factor. Following the safety analysis of prominent intersections and roadway segmenta in the City. Klinger & Associates. Inc. developed a fist of countermeasures with a corresponding Crash htodiScallon Factor (CMF) for slop control inter=section and roadway segments. Countermeasures were developed in eomplanoe vath the Local Roadway Safety Manual (Version 1.5, April 2020). Minagar & Associates. Inc. conducted a qualitative analysis by ub'lizirrg a 4K high resolution drone to review eidsting told geometry and ensure California Manual on Uniform TraftCorftl Devices (CA361UTCO) standards aro met For each prominent uder�ection and roadvray segment Minagar & Associates. Inc. included the IcAcnving: • Primary Cotiision Factor and Corresponding Numberof Collisions • Collision Pattern • Countermeasures 4 High Collision Recommendations b Pedestrian and Bicyclist Recommendations • Description of hmv the reeamunended countermeasures well enhance safety • Countermeasure Plans • Baneft-Coat Ratio (BCR) lit 4. x= ��� �� rte. �-_ �--�--•- (O y..._ _. MINAGAR & ASSOCIATES, INC. TRUCK `fir, I UMff ROUTE _ 55 L C -TI N • Guadalupe. Santa Barbara County, CA SCOPE OF WORK • Project Management • StakeholderslCommunity Engagement • Llualilati"M Fxkl Review • 5 -year Data Collection • Safaty Analysis • Oevelopment of Safety Courtermessures • Development of Draft LRSP • Development of Final LRSP CLIENTIAGENCY • City of Guadalupe, CA Ms. Shannon Sweeney, Director of Public Works. City Engineer X DepaPunant of Public Works 878 Obispo Street Guadalupe. CA 83434 E-mail: ssweeney&J,guade dupe cams Tet: (805) 358-3820 CLIENTIAGENCY • Total LRSP State & Local Funds: Sa5,o0g.00 • Minagar & Associates, Inc. Fees: 539,563 TST Yeanof encs _ y-- _ _ _ 19 '�" � tr.��...r. ".•t.'w''.�.r las iso r.r„r •xr i "P ...w i ! sra ri:. we, aC�a T�iw+fyr+N+w Masons � �1 !oF !p LOt w�"y rwnv.r+s.r_«�-.w.waar sae, r..�ta+ {ap+cpq GMMi e CMF= wm.ovrr..w.,arr , • . . TST Yeanof encs _ y-- _ _ _ 19 e�REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 3 j;CITY OF BIG BEAR LAKE (2022-2023) �Y r +:rrzcx^ ant ° eolfoionSeverity t '_.» � � > IIs kpxyft;.heriCs(okl i wK U47 ofBig Bear lake's LOCAL ROAD LecalRoadmW Safety Plan (2032) SAFM Pi.AtdS: 3�s YcrLtnsshslsic2s RR C DISCIiiPIION nr+�& Asto�t�,ltc. mss!e5eaedb3•theCuy a+Bl; Bei L:'teto �oti3eptaf�ioexl e,�-*9� a�lpi�vin_ aatic� to derlopt� Ci�''a LocaFRo d�sl 5gf�1•PL�. Callison himgof201%-20:1ttitbind--Cry LIS ir-=Cauectedatdf=MLs tyemphadsmenM e idezii !dutichmdudedIRA ConidonEcas_tmMa-0roCoM;iaaF.ordrr.-; Seim m,R-= Ed CoBWom Dae ro Dihing orBicyding Under the Infl-mce of Akahol and Uaae Speedy, adBroadtideCoMsiomDue to1=y perTcmcS The wy 40 (m == cf=bEr md miu# o: ashes) louf=aiicb bcl:de 20 Stre & Lmd i>staaamm ad 10 S=& LoW rmri= urlcta5 acre id�ai asd srair..ed W study $te ansa of 3e trshc: the is I`oDa s tar Prim• CaIIisit� Fatter. Fdowts the u5etp a•.a.'lsix ofpromi aim imeamtiori and roidsag seV-exs t to Cly, *r...y&Ass oi.tt!, .dereiopaalivofea===--uui*li+^m^^_-a^FC:=b hfodif u5an Fi= (MIF) finr stop c -=l imartcsa_s>=d raadnar yu. mmt Com=es Uwt da'etoped in a=lE•Ye with ae I.oC1Ro2lsae Spy aL+mt l (Y m= 1_d?:nil1tr71). �ilcsgsr & A"nom lr>< emdtasxt s gcl�se �Pysts n mien gem .1eomesy.tdem=aCa=churn•1,soti,-nff=TeltCtamofDzlm(WM-TCD) s=dnis ate MEL Far eukMWemfor"seat"=drmdrrayserm!,kf mi=-Ir&Amod`es,iw-flefsd-Athe fnums t • Prims.'} ColliumFa= end Ccrespmdig4'ombeiafColli!ioaa • Couisimpa m '0'7:;s�hccui = F.erOL^7:.endatl= 4Pedasaiaa=dBivasiFWco acidst= • De ai;d is afho M the r+^—Am sm=erm..mes wM e-14 !may • c&=!am-mmepN-'s w��`�aysri da w yC �yWY41YfY4 Li^C1i�.�91' � LfdR>m+a' LOCATION • BigBw like, SmBeme dttoCe=ty, CA SCOPE OF 1TORK • PMeahfam,Zen • S aleiwklera'Cammmity Engagemes ', . Qna'.i�'eFcTdF.acia:r • i-ye�:DmCaHte[fon • 52fe2y:i 'L'iS315 • DewJoRasnr Of �eiy C(xatemP:�es • OQsvlalcccrofDca�L3SP • Det'tfa�.�::acFJ_I?R5P CLIENTt3CE.NCY • City ofRi:Bar Lsl:e,CA lair. sear sunnm Me= of Pz blic &Imes Pabuc Strk" Dopataaent q ! 39;OiBEs3a: Sh$ Bi;Ba=Ut%CA, 92315 B-m•.tl: !;�..11n��dnblEte�t2eeom Tek {909} 36d-5531, Eta. 113 BL•DCET • Total {ERBF State Fan& & LouVOrhu Faud!: 550X" • SSmsgar&Assocata,IacFeer.539,993.00 a # x a•.•a••.u.+ a ruse• Haar d � p ea ! BIG BEAR LOX' MINAGAR & ASSOCIATES, INC. 20 ®REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 0CITY OF NEEDLES (2022) Mlnapar & Associates, Inc wu selected by the City ofNedies to provide professional —mmfag and pImnicg sealces to deetlms, th• Cig s iaeal RxCnay safer Ply Collision hii=vof2017-2021withintheCi•chasbeen callectei.-:^dfonrsek amalxssmsnere id¢ai:cd which luded x�_* CaQisianL�ssxtia=z, Iii3h CaBit�Raadiszr Sc_�ets, Pse End Collaiaas Doe to Dwmg or Mcpcamg Ucdar the leciace of Alcohol and U=afa Speeds, and Broadside Catlision3 Due to improper T==& The top 10 (tnterzas cf=mber tad se; -an • of crashes) Icca3aas whkh iacMe 10 JMML-A 2 roadway seZneuts n+1a idectmid and an13)xd to study the cases of the cr-ashes d= is Ixotsa as et Primas)• Calliien F=. FaMwiq 3e saAsy mtl)sis of p cz anent imersetdctt and raadMsebmems In the Mv, Alma_.ns & Aasatsatm, Inc_ dmvIoped a L-- afcate+•m=sur +• ar^1 a cc=ep=a•cy C=h 3Ia i�r r nn Fs {Cai75o stope�ali�cieLeaaszmircwhrayzgm ts. Camuirmusurat arta 6evubped is ececpE;=eanv1 the Local F.oniaar Sz!4 c Ufa-aal (Vr=mr ).9. A;vg 4^0.M. AGnrgar & Asrodrar, Inc. cardwwd a q alradta asalyds w ratiawaatting field pameay wad vme California Manual an Uniraaa Traffic Con^.ol Deuces (CAMUTCD) srandards are met. For e3ch prwnbm Imapaica and raadM 3egaent.:.Un W & Asocinn, Inc. lxladed the fallowing: • Primary CollisionF..,ar: dCaaespondinnNumberafColr== . Callisi=pP r.— • Couttom«ares 4 Mxb Cdlisiaz: P.c[•m:mCU;--t = 4 Dedwtian.mdBictitli:t?ecooeandatia�u • Dasaipicm of hair to rawa=naudad corttattawa,;w�as nz71®:.arca u+sy • Coet=ct=a Plan • Saneftt•CouF.ariotBC?J CeydNcgll 'Hwrb"ofCMb" byQrdm PtDC� S•�YtZ£19) �- +0 �•n P..a.o Tom`--.'+. �+nw .t ® r t.' -w w »+w•w. r (Y{r t7f llreedles's LOCAL Local Roaduae Safeh Plan (3022) SAFETY ROLA 35 PLANS. Mlnapar & Associates, Inc wu selected by the City ofNedies to provide professional —mmfag and pImnicg sealces to deetlms, th• Cig s iaeal RxCnay safer Ply Collision hii=vof2017-2021withintheCi•chasbeen callectei.-:^dfonrsek amalxssmsnere id¢ai:cd which luded x�_* CaQisianL�ssxtia=z, Iii3h CaBit�Raadiszr Sc_�ets, Pse End Collaiaas Doe to Dwmg or Mcpcamg Ucdar the leciace of Alcohol and U=afa Speeds, and Broadside Catlision3 Due to improper T==& The top 10 (tnterzas cf=mber tad se; -an • of crashes) Icca3aas whkh iacMe 10 JMML-A 2 roadway seZneuts n+1a idectmid and an13)xd to study the cases of the cr-ashes d= is Ixotsa as et Primas)• Calliien F=. FaMwiq 3e saAsy mtl)sis of p cz anent imersetdctt and raadMsebmems In the Mv, Alma_.ns & Aasatsatm, Inc_ dmvIoped a L-- afcate+•m=sur +• ar^1 a cc=ep=a•cy C=h 3Ia i�r r nn Fs {Cai75o stope�ali�cieLeaaszmircwhrayzgm ts. Camuirmusurat arta 6evubped is ececpE;=eanv1 the Local F.oniaar Sz!4 c Ufa-aal (Vr=mr ).9. A;vg 4^0.M. AGnrgar & Asrodrar, Inc. cardwwd a q alradta asalyds w ratiawaatting field pameay wad vme California Manual an Uniraaa Traffic Con^.ol Deuces (CAMUTCD) srandards are met. For e3ch prwnbm Imapaica and raadM 3egaent.:.Un W & Asocinn, Inc. lxladed the fallowing: • Primary CollisionF..,ar: dCaaespondinnNumberafColr== . Callisi=pP r.— • Couttom«ares 4 Mxb Cdlisiaz: P.c[•m:mCU;--t = 4 Dedwtian.mdBictitli:t?ecooeandatia�u • Dasaipicm of hair to rawa=naudad corttattawa,;w�as nz71®:.arca u+sy • Coet=ct=a Plan • Saneftt•CouF.ariotBC?J CeydNcgll 'Hwrb"ofCMb" byQrdm cayam••dm'r••••••�••:••• ofCeiriam(�e19) S•�YtZ£19) � �•n P..a.o Tom`--.'+. �+nw .t ® r t.' -w w »+w•w. r MINAGAR & ASSOCIATES, INC. LOCATION • Needles, San Bcr r&mna Cattmy; CA SCOPE OF WORK • Prajac; M=g :ai= Qas!i..'+tita Fill Rn:es • Sim- D=collleCnn • Sa;ety�.l?is • Dzr9opneatof5sirqCauue[m=_ast>.res • Dct2iopmeatoSDrahLRSP • DaasloPmestofFinaiLRSP CLiEhT13GEi\CY • City of NeedIM CA hts. Raine Tatraca Projea1A=rs Public Wotim Depu;ment 817 Turd Sweet Weedle3, Cd 9230 E -awl, ruaaaeeacityafteedlessom Tat• (7d0) 33d-2IlS 5MG-a • Toal Q.RSP State Finads & LoaUCither Fands): SU.460.00 • Aticagar & Associatu,Inc. Faes; S30,08a.00 ', Gge3flaomat'Nurt,6arolt'adGasfwsbrTypodGml,ar(2019JI ... a..cyy 21 REQUEST FOR PROPOSALS for o , SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA 5 11 CITY OF SIGNAL HILL (2022-2023) CitJ; ofsigsalmu's LOCALAOAB oi.-LocalRoadngp Safet,� Plan (2022) SAFST lw tap x+3rltt PROJECT DISCRIPTIO! Nr=su E Anoci=41:=, a'as selected by th city a: Sipa RM to i~ucids grmbniomat ec T m - ===G and pl-,E dus to dtrcbp The City's i.ocal Ro-dual- Safety Pl . Collisics J;irtecr of 2017.3021 uifairike City bu been coHomd art! 5= saber t:plLttis atcas tecta idecifiedwhich ialhdadFihCoi'-fZnczecdo*s,lii=kCorlisi—Roadw-n. trrs,Rea: End Can=om Dae toDnt'img cr Bigtbiq UH-e-•:hee lmfee= of Akrsl ami i.im25e Speeds, and S.roadaideColiitixlsDaetoIapopaTnntmg isle top10(imtm=ofammbe:snlseyedtr ofalEwloorlms>sbstl:lntl�sl0mattttzg ��tseteid _daxdattal} edmsnt A. eam!es of LIE(ry %.k that i3 �Mmm as the Pnmaty Coni C1 Fair, T. Fonantm� Lite sm5etr =ah sis of==Lnmt mtmecd= a:td madtsn ummxT s i.: the Cil•, 2,•.lya_ $ AmorLes, lx dnvloped a lat of co"" e=_a3s=e faith a coawpozi_; Ctasb Modiffec mt F=m (C%M fm uq cat d L -m -sec it m and roa&M- — Sao.. n Cary'Sr-rmen=esttEradetwlopaiisco=9a•Menitht_heLocaiRaedttal•Safety li(n t(Fenton t.B, d�T116.�. lfinagat cit a�aro. Inc. caadnct?d s gtnlitatite a :ail�3 m tenets ez�ti3 fi_ld gzametry• and enstae Califamis Ynttral an Lsaifottn ataffic CrmtroI Dag?t (C,3hifiCD) s:mdatds am ens. F�eadtptUni+tenIir,.a+zorrlm,,��. mal:.R�»A�.,_ai�S>wE:35.ociatr3,Izx.kselt�ed� foltonine • Pmmx) CollismFacmrand Corz VmdmzNumb_rofCdUmcros • CamlimpmMin • Cam;�meatares +t MEi l ccuhicc Recommew dans 4 Pcdsstrai= atsd Bigrdst Ftecw=usad== . Desasimrion of?ati ae recc=Mum1 cd cc= L42 yl U-01 came 13*W • ca=am+ l=e PLa-.s • 3enAfft-CastRxxia(SC8) 'F4 � -.,4 +rw,tp.ew.r6w�ru..tw�4•t�n 0 MINAGAR & ASSOCIATES, INC. TRUCK (O�I� � SiJMR RouTe ' 55 ____ i LOCMQN • kmat 114 Los News Comfy, CA PE OF W • pto!-Mamagem- • S olday'CccumTcin Empp= • Qasii.'-5t'v Field Rcc'iez • 5 -tear Data ccutcd= . Safety A:�hsu • DevdopmratafSalely Cmc a eyes • DvselopmertIuM4.LRSP • TAxr&rrHm ofFmcl L- fer Lyle Comiterweumes CLIEA?IAMNCF. . city of s'pal mA c3. M.' HmmBekale PE Pablic WmkB DirKe=Ciiy Eagan Pabiic Rreb Dep=e-'•t 2175 mmw Ave si;all�n,a�9a;ss fi-....it. tbat�le�[3tlerK•�rT>, it mg Teh (909) Edd -5931, Eos. 113 BUDGET • Total LRSPState &LoWFtmds:S60,000.00 • I>S mpr & Associates, Inc S54,7SL00 E Spring St & Orange Ave Preum Design a toumemitasta'es lid E Spring St & Orange Ave x{ 36 couWous C�gri Mod 22 REQUEST FOR PROPOSALS for SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA Minagar & Associates, Inc. has reviewed the RFP and standard professional services agreement and has no proposed exceptions or deviations from the information stated. The fee proposal is submitted separately in a sealed envelope. I2-ESOL[7TION OF BOARD OF D[RECTORS MINAGAR 8c ASSOCIATES. INC. p.w wunnp.. Wan mmw�ii y -m sa[uM�.�'�i.io-��rmaew ����n[..nn[.nu W�.�a1YnOrrf uv.su. nf�rr drncrorn �•.tw eaot rnlnwor. Vw wnnW rrt etmn cvven[wn � eengnana nw nannw,ea m nMn nr ..M bnn,Jon aaunn.n[a..[Wo..r�.w[Y... auHnrn+nrtl rmnenu�Rwnunansnwn�Y. nn �tlw� �na� ` aunlrv�en [�m�.{nv aj�'n�lJu/,(n [�ns�rr�urq. nrW upon nwmn auH mron. rca{ew. nna uns�u.vun�y {semnrnry) Contractor information L --gat E zlW Name MINAGAR Se ASSOCIATES. INC. Legal EnLILy Type Corporation Sixtus Active Raglstraiion Number PW -LR -1000574C)134 Regiseraiien etfoctive dace 07/0122 Ragirtraiion oxPiraLion data 06/3025 Maili—a Address 23282 Mill Creek Drive. Suite 120 E Laguna, Hills 926S3 Pbyzical Address 23282 Mill Creek Drive. Suite 120 E Laguna Hills 92653 G.. Email Address "nagart®minag�ri nccom Trades Namc/DSA License Number (s), Legal Entity Information Corporation Entity Numbers Federal Employment IdentiFcation Number. 3 r— clent Nemec Vice President Name= Tree er Nemec Secrecary Nemec GEO Nemec � 69QtlSY For SPrvi<-P: Agana of service Name. Agent of Service Matting Addressc Section 12 — Business Entity Registration_ History_ ___ Effective Dose Expiration Dare 03/08/20 06x0/22 07/0122 X06/3025 C2200845 330932477 Fred Minagar Fred Minagar Fred Mi—Ag., Fred Mi—agar Fred Minagar Fred Minagar 23282 Mitl Crack Drive, Suite 120 Ease L Minagar & Associates, Inc. is an "S1/ Corporation in the State of California. MINAGAR & ASSOCIATES, INC. 23 REQUEST FOR PROPOSALS for J SAFETY ACTION PLAN (SAP) CITY OF SEAL BEACH, CA Key Personnel' Resumes MINAGAR & ASSOCIATES, INC. -r. I u"`mEO rRucn `i � � 55 ROUiE -- 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 & CCN 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 CARTS' 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, 15t Annual Meeting of California Alliance for Advanced Transportation System (CARTS), 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 STA 00 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 • Govemor'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, CCN & Fiber Optic PS&E • Palmdale's Ave. R Traffic Signal Interconnect & CCN 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 CCN 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 1-95 HOV1TSM, Washington, D.C. • Santa Monica Freeway (Interstate 10) ITS/CCN 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 "EI 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 • Govemor's Island Ferry Stacking TSM Project for the rU.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. 1-66, 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 Governors 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 1-95 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 EI 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 AvenueR and 5w 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 EI 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 1-5 Freeway Traffic Control Plans and TFaffic 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 • GFWs 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 45'" 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 45'" 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 REGISTRATION EXPERIENCE EXPERTISE SOFTWARE • 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 • 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) • 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, CCN Cameras (internal & external) • 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 • 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 CCN; 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, CCN 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 $1 M 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 Tratgc Systems (TMC Support) / Coronado Bridge Ju11984 — 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 — GEM 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 proiects: • 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 proiects: • 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 1-5 widening project Project Designer Key proiects: • 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 EDUCTAION EXPERTISE . 4 Years Professional Experience University of California, Irvine, BSC&E Civil & Environmental Engineering • 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: NCS, 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 Tum 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 7t' 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 Calton • 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 1-10 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) M icroStation/In roads 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 Plap (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 MINACAR & 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-Golffec 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. 7w 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. 7°t 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 u w 0 N O r 'R N N in �tl1 JQ O I� O Ln Q7 01 M 1.2 QN O N N N c0 al FVt OC, o u rn o O O Dl O N N Ln Ln LO N LO O V Ln W M uj V H O O O Dl M N O ^ rrn vi l0 W N N W LO O O O O O O O M N O W H o 0 o m �D o rn a^i M rnLU� O N V1 N N N O co Ln O u1 tf1 L2 m Dl m tD 00 d Ol lD Ln N N e E E V O c. s° O 3 � C € E E e V O u _ aJ' u Ln CL CL CL z m ¢ m g c m 3 x x � LL x r I Y p G N O � O1 C m Z p L C O C 2 o d V A e R to N U u H W 'El d o V 9 S u N d d O N C LL •T o p C' C y O C Z Q C d d 6 C A E N p m c cce Y U u o > R {~/1 x O a m -C�n wn 33 o Y u F H F i O H w 0 N O r 'R �+ 2019. Winner of the Orange County Engineering Council's Outstanding Service Award. {� Y'\ 2016.Winner of the ASCE's Outstanding Civil Engineer in the Private Sector Awardin the State of California _f:_�1 2016 Winner of the ASCE Los Angeles Section's Outstanding Civil Engineer in the Private. Sector Award [ate l 2016.Winner of the ASCE Orange County Chapter's Outstanding Civil Engineer in the Private Sector Award; ASCE 2016 Certificate of Recognition for Dedication to Support the ELTP Program by Los Angeles County MTA/Metro n 1 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 . T201 Winner of Cal-EPA/California Air Resources Board's T -' Cool California. Climate Leader 0 — ' 7 - r W 2011 Award of Excellence in Service by Los Angeles County MTA/Metro ASI in the County of Los Angeles Metro �2011 Award of Excellence in Service by Los Angeles County MTA/Metro k , in the County of Los Angeles Metro 2010 Award of Excellence in Service by Los Angeles County MTA/Metro ASI in the County of Los Angeles Metro 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 PubliclPrivate Sector Civil Engineering Project in. Metropolitan Los Angeles Metro 2005Winner of the APWA's Best Traffic Congestion Mitigation Project of the Year (D'in Southern California Metro 2004 Top Nominee of Transportation foundation's Highway Management Program C in the State of California ra. p 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 .. `=L/ r.16— in the State of California 2000 Award of Excellence in Service by Los Angeles County MTA/Metro ASI in the County of Los Angeles Metro �Pv r Ir i ' _ vxy�� n�•'�'ji 1� & _ M :W tc X- U a. W 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 39 2903700 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 I of 29 Table of Contents Article7 Purpose............................................................................................................................. 6 7.1 Purpose..........................................................................................................................................6 Report Submission...................................................................................................................... Article8 USDOT Role.................................................................................................................... 6 8.1 Division of USDOT Responsibilities............................................................................................ 6 8.2 USDOT Program Contacts............................................................................................................ 7 Article9 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 Baseline Performance Measurement...........................................................................................12 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 14.5 10.2 Federal Obligations.......................................................................................................................9 Article 15 Noncompliance and Remedies..................................................................................... 10.3 Budget Period............................................................................................................................... 9 10.4 Period of Performance.........................................................................................9 Remedies.....................................................................................................................................14 Article 11 Statement of Work, Schedule, and Budget Changes ..................................................... 9 11.1 Notification Requirement..............................................................................................................9 Article 16 Agreement Termination............................................................................................... 11.2 Statement of Work Changes................................................................................10 11.3 Schedule Changes...........................................................................................10 16.2 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 2of29 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 . ................... la ................................................................... 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 Article25 Assignment.................................................................................................................. 25 25.1 Assignment Prohibited................................................................................................................25 Article26 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 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 4 of 29 Index of Definitions Administering Operating Administration....................................................................................... 7 EnvironmentarReview Entity..................................................,.............................25 FederalShare..............................:................................................................................................. 11 FHWA ................................................. :............................................................................................ 7 NOFO.............................................................................................................................................. 6 OMB................................................... :......................................................................................... 11 Program.Statute............................................................................................................................. 28 Project.........................................................................................................19 ProjectCloseout............................................................................................................................ 16 SS4AGrant................................................................................................................................... 28 USDOT........................................................................................................................................... 6 5 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. 6 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. rt 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; 7 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. 8 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. 9 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 10 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. 11 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. 12`of29 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. Asa 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; k3 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 14 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. B 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. 16 of 29 17.2 Financial Records and Audits. r (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: 17 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 `18 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.uov/office-policy/transportation-poliolmade-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 fnon-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. 19 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 20 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 elnvoicing," 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. 2`I of 29 19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is "DELPHI elnvoicing," then the Recipient shall not request reimbursement more T 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. 22 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. 23 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). 24 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 25 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. 26 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. 27 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. 28 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. 29 of 29 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 39 of 39 2903700 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 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. £ 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 1. 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. 12 10 1, 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-1 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(1) of the Department of Transportation Act of 1966 — 49 U.S.C. 303 11. 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 Undersefved 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 IWj 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 1. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 in. 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-3 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. A-4 EXHIBIT B ADDITIONAL STANDARD TERMS Im 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: IM "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. 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, MI 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. I: 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 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. IM 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].* (*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.) IM 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: 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 VT.) 1 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-11 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 (kU.S.C. § 1681 et seq). B-12 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-13 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.govo, 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; NMI' (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 I B-15 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 availablexemedies, 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. 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-17 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-18 (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. 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 13.4, "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 13.4, "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 13.4, "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 13.4, 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. (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. B-21 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-1 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. r • 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. (t) 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-2 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.jzrants.gov/forms/Tost-award-reporting-forms.html. (h) Certifications. L 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). C-3 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 [SXXX] .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. Ry: Date Signature of Recipient's Authorized Representative [insert name] Name [insert title] Title D-1 The USDOT has determined that all applicable Federal requirements for obligating these funds are satisfied. TAY: Date Signature of USDOT's Authorized Representative [insert name] Name [insert title] Title D-2 A� o® CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYIY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 11/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE. CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, .the policy(les) must have ADDITIONAL INSURED provision's or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230 Lafayette CA 94549 CONTACT NAME: Kaitlln Murray PHONY) Ex :510-272-1410 AIC No: E-MAIL ADDRESS: CertsDesignPro@AssuredPartners.com INSURERS AFFORDING COVERAGE NAIC# 6801H78916A INSURER A: The Travelers Indemnity Company of Connecticut 25682 License#: 6003745 INSURED MINA&AS-01 INSURER B: Travelers Property Casualty Company of America 25674 Minagar & Associates, Inc. 23282 Mill Creek Drive, Suite: 120 East Laguna Hills CA 92653 INSURER C: XL Specialty Insurance Company 37885 INSURER D: Hartford Casualty Insurance Company 29424 INSURER E : INSURER F DAMAGE TO PREMISES Ea occu encs $1,000,000 nnvFRAGFR CERTIFICATE NUMBER:1497746430 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDLISUTYPEOFINSURANCE INSOIW D POLICY NUMBER MM/DD LICY EFF MM/DPOLID EXP LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 6801H78916A 8/30/2023 8/30/2024 EACH OCCURRENCE $2,000,000 F_V_1 CLAIMS -MADE OCCUR DAMAGE TO PREMISES Ea occu encs $1,000,000 MED EXP (Any one person) S10,000 X Contractual Liab Included PERSONAL & ADV INJURY S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 POLICYjE� LOC $ OTHER: A AUTOMOBILE LIABILITY Y Y BAOS540125 8/30/2023 8/30/2024 COMBINED SINGLE LIMIT S1,000,000 Ea accident BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) S PeOr acEand Y DAMAGE S $ B X UMBRELLA LIAB X OCCUR Y Y CUP8W59643A 8/30/2023 8/30/2024 EACH OCCURRENCE $1,000,000 AGGREGATE S1,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTIONS S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY IN ANYPROPRIETOR/PARTNER/EXECUTIVE Y Y 57WEGAM9TMR 8/30/2023 8/30/2024 OTH X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N /A IE.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liability DPS5001462 9/6/2022 9/6/2025 Per Claim $2,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. Umbrella Liability policy is a follow -form underlying General Liability/Auto Liability/Employers Liability. Re: Al Operations of the Named Insured. City of Seal Beach its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEVERABILITY OF INTERESTS Separation of Insureds - Except With respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named See Attached... CERTIFICATE HOLDER VArvt.cLLN1 wtv oU vay n+Uucc U1 V.01 16auauun City of Seal Beach 211 Eighth Street Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U Tytstf-LUTS AL UKu I.umrursAl luiv. hD ngnc%* reaeivvu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MINA&AS-01 _ LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY AssuredPartners Design Professionals Insurance Services, LLC NAMED INSURED Minagar & Associates, Inca 23282 Mill Creek Drive, Suite: 120 East Laguna Hills CA 92653 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO. ACORD FORM, FORM NUMBER: 25, FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE cured, this insurance applies: As if each Named Insured were the only Named Insured; and Separately to each insured against whom claim is made or suit is brought. U 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy # 68011-178916A COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance d. Primary And Non -Contributory Insurance If laws or regulations. Required By Written Contract --->7. Separation Of Insureds If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance 'is primary to other -insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1 ) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at.such times as we may request. 6. Representations By accepting this policy, you agree: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if, each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1.. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Intemet .or on similar electronic means of communication; and b. Regarding websites, only that part,of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 6801H78916A occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on, any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG D3 79 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 680-11-178916A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the additional insureds, sions apply: CG D3 61 03 05 insurance afforded to these the following additional exclu- This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. CG T8 01. 08 21ncludes copyrighted material of Insurance Services. Office, Inc. with its permission. DATE OF ISSUE: 07/10/2023 Page 1 of 1 POLICY NUMBER: 680-1H78916A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, 'in whole or in part, by "your work" at the CG 20 37 07 04 CG T8 02 08 23 location designated and described in the schedule of this endorsement performed for that additional in- sured ,and included in the "products -completed opera- tions hazard". © ISO Properties, Inc., 2004 DATE OF ISSUE: 07/10/2023 Page 1 of 1 Policy: BAOS540125 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # BAOS540125 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or 'loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57WEGAM9TMR Endorsement Number: Effective Date: 08/30/2023 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Minagar & Associates, Inc. 23282 Mill Creek Drive, Suite: 120 East Laguna Hills, CA 92653 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Authorized Representative Policy Expiration Date: 08/30/2024