Agenda packet — Seal Beach City Council, January 22, 2024 (part 2 of 4)

of Seal Beach (“City”) to assist with developing a Safety Action Plan (“SAP”) for the City.

On September 20, 2023, staff solicited proposals via Planetbids to prepare a SAP.

On October 10, 2023, staff evaluated the four (4) submitted proposals based on factors that include overall qualifications, relevant experience, engagement, and proposed project scope. The two top-rated firms were invited to participate in virtual panel interviews. Based on thorough reviews of the received proposals, Minagar was identified as the most qualified firm for the project.

Minagar submitted a proposal in a not-to-exceed amount of $198,144 to prepare the City’s SAP. Minagar’s tasks will include the following:

1. Project Management

2. Safety Analysis

3. Engagement and Collaboration (Stakeholders, Community)

4. Policy and Process Changes

5. Strategy & Project Selections

6. Development of Final SAP
Staff requests approval for a not-to-exceed amount of $10,000 for contingency if additional analysis is required to update the traffic collision data from the 2022 LSRP or address comments received from stakeholders and community collaboration meetings. This would be work that goes above and beyond the scope included in Minagar’s proposal.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with Minagar & Associates, Inc. will not have a significant effect on the environment.

Additionally, the forty-three (43) Action Plan Grants awarded to California under the FY 2022 SS4A Grant Program can be characterized as planning studies that do not lead directly to construction. Pursuant to 23 CFR 771.117(c)(1), these Action Plan Grants meet the criteria for Categorical Exclusions (CEs) and do not require any further National Environmental Policy Act (“NEPA”) approvals by FHWA.

LEGAL ANALYSIS:

The City Attorney has approved the agreement and resolution as to form.

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FINANCIAL IMPACT:

Budget Amendment #24-07-02 is required to approve $200,000 from Citywide Grants (Fund 217) and $50,000 from Gas Tax (Fund 210). Any unspent funds will be returned to the original funding source. The table below represents a breakdown of the total Project funding:

The table below represents the estimated breakdown of the design costs:

Description Amount
Design/Analysis (Minagar Fee Proposal) $ 198,144
Contingency $ 10,000
Project Budget $ 208,144
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7478:

1. Approving and awarding a Professional Services Agreement with Minagar & Associates, Inc. in a not-to-exceed amount of $198,144 to prepare a Safety Action Plan; and,

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer

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ATTACHMENTS:

A. Resolution 7478
B. Agreement with Minagar & Associates, Inc.

RESOLUTION 7478

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING A PROFESSIONAL

SERVICES AGREEMENT WITH MINAGAR &
ASSOCIATES, INC. FOR A SAFETY ACTION PLAN
WHEREAS, the Bipartisan Infrastructure Law (“BIL”) established the new Safe Streets and Roads for All (“SS4A”) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries; and,
WHEREAS, the SS4A program supports the United States Department of Transportation's National Roadway Safety Strategy and their goal of zero roadway deaths; and,
WHEREAS, the SS4A program supports the development of a comprehensive Safety Action Plan (“SAP”) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues; and,
WHEREAS, the SS4A program provides funding for two types of grants including Planning and Demonstration Grants and Implementation Grants; and, WHEREAS, on June 12, 2023, City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-toexceed amount of $50,000 and authorized an agreement between the United States Department of Transportation (“USDOT”) Federal Highway Administration (“FHWA”) and the City of Seal Beach (“City”) to assist with developing a Safety Action Plan (“SAP”) for the City; and,
WHEREAS, on September 20, 2023, staff solicited proposals to prepare a SAP via PlanetBids; and,
WHEREAS, based on thorough reviews of the received proposals, Minagar & Associates, Inc. (“Minagar”) was identified as the most qualified firm for the Project; and,
WHEREAS, Minagar submitted a proposal in a not-to-exceed amount of $198,144 to prepare the City’s SAP; and,
WHEREAS, based upon Minagar’s proposed work to be performed pursuant to the Agreement related documents, the City Council finds that Minagar is a qualified firm to perform the Project.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The foregoing recitals are true and correct and are hereby adopted by reference as though set forth in full.

Section 2. The City Council hereby approves and awards a Professional Services Agreement with Minagar & Associates, Inc. in a not-toexceed amount of $198,144 to prepare a Safety Action Plan; and, Section 3. The City Council authorizes and directs the City Manager to execute the Agreement; and,
Section 4. The City Council authorizes the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Schelly Sustarsic, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7478 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024.

Gloria D. Harper, City Clerk

PROFESSIONAL ENGINEERING SERVICES

AGREEMENT
for
City Project No. O-ST-4
Federal Award No. 693JJ32340099
for
Preparation of Safety Action Plan
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Minagar & Associates, Inc.
23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
(949) 707-1199
This Professional Engineering Services Agreement (“the Agreement”) is made as of January 22, 2024 (the “Effective Date”), by and between Minagar & Associates, Inc. (“CONSULTANT”), a California corporation, and the City of Seal Beach (“CITY”), a California charter city, (collectively, “the Parties”). 2 of 39
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RECITALS
A. CITY received a grant from the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) (collectively “FHWA”) under the Fiscal Year 2022 Safe Streets and Roads for All (“SS4A”) Grant Program (“Program”) pursuant to the Bipartisan Infrastructure Law (“BIL”) by Grant Agreement dated July 5, 2023 for the development and preparation of a Safety Action Plan (City Project No.

O-ST-4; Federal Award No. 693JJ32340099) (the “Project”).

B. CITY desires certain professional engineering services to carry out the Project.

C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), CITY issued a “Request for Proposals for Safety Action Plan (SAP)” on August 24, 2023, and CONSULTANT submitted a proposal dated September 20, 2023, to perform the professional engineering services as further defined and set forth in Article II of this Agreement.

D. CONSULTANT represents that it is registered with the California Department of Industrial Relations (DIR Registration #PW-LR-1000574084), and that the principal members and employees of its firm are licensed and registered professional engineers and are fully qualified under California law to perform the services contemplated by this Agreement in a good and professional manner by virtue of its experience and the training, education and expertise of its principals and employees.

E. CITY desires to engage CONSULTANT as an independent contractor and CONSULTANT desires to provide CITY with the professional engineering services in the manner set forth herein and more fully described in Article II.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

ARTICLE I INTRODUCTION
A. Recitals A through E, inclusive, above, are incorporated herein by reference as part of the terms of this Agreement.

B. The Project Manager for CONSULTANT will be Fred Minagar. The Contract Administrator for CITY will be Kathryne Cho.

ARTICLE II CONSULTANT’S SERVICES
A. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, CONSULTANT shall provide the work and other services (collectively “Scope of Services” or “Services”) for the Project identified in Recital A, above, and as further described in City’s Request for Proposal (the “RFP”) attached hereto as Exhibit A and incorporated herein by this reference, and CONSULTANT’s accepted Proposal (“Proposal”) attached hereto as Exhibit B, incorporated herein by this 3 of 39
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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.

E. CONSULTANT will not be compensated for any work or other services performed not specified in the Scope of Services unless CITY authorizes such work or other services in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

ARTICLE III CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the Agreement.

ARTICLE IV PERFORMANCE PERIOD
A. This Agreement shall go into effect on January 22, 2024, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by the CITY Contract Administrator. The Agreement shall end on June 30, 2025, unless sooner terminated pursuant to Article VI or extended by amendment to this Agreement.

B. CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is fully executed and approved by CITY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this Agreement will be based on actual cost plus a fixed fee, in the total not-to-exceed amount set forth in Section I of this Article. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by Agreement amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and agreement is required, the Agreement time or actual costs reimbursable by CITY shall be adjusted by Agreement amendment to accommodate the changed work. The maximum total cost as specified in Section “I” of this Article shall not be exceeded, unless authorized by Agreement amendment. 5 of 39
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B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award.

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee, subject to the total not-to-exceed amount of $198,144 (one hundred ninety-eight thousand one hundred forty-four dollars and 00/100) set forth in Section I of this Article. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this Agreement.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. CONSULTANT will be reimbursed promptly for Services performed as required under this Agreement upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate in compliance with the requirements of this Article. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:

City of Seal Beach
211 - 8th Street
Seal Beach, CA 90749
Attn: Kathryne Cho, Contract Administrator
I. The total amount payable by CITY including the actual costs and fixed fee shall not exceed $198,144 (one hundred ninety-eight thousand dollars and 00/100). 6 of 39
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J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This Agreement may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. CITY may suspend all or any part of CONSULTANT’s Services under this Agreement, for the convenience of CITY or for work stoppages beyond the control of CITY or CONSULTANT, at no additional cost to CITY, provided that CONSULTANT is given written notice of suspension (delivered by certified mail, return receipt requested). If CITY gives such notice of suspension, CONSULTANT shall immediately suspend its activities under this Agreement. A suspension may be issued concurrent with the notice of termination. A suspension of the Services does not void this Agreement.

C. Notwithstanding any provisions of this Agreement, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this Agreement by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this Agreement. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that 48 Code of Federal Regulations (“CFR”) Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by CONSULTANT to CITY.

D. When CONSULTANT or a subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
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ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Government Code § 8546.7, CONSULTANT, subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. CITY, the California State Auditor or its duly-authorized designee, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of CONSULTANT, subconsultants, and CONSULTANT’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this Agreement.

D. CONSULTANT and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by the CITY Contract Administrator to conform to the audit or review recommendations.

CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). 8 of 39
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IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards)), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per Section E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review CONSULTANT’s and/or the independent CPA’s revisions.

3. If CONSULTANT fails to comply with the provisions of this Section E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in Section E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised 9 of 39
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independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any subconsultants, and no subagreement shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to CITY for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT.

CONSULTANT's obligation to pay its subconsultants is an independent obligation from CITY's obligation to make payments to CONSULTANT.

B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to subconsultants unless otherwise noted.

D. CONSULTANT shall pay its subconsultants within Fifteen (15) calendar days from receipt of each payment made to CONSULTANT by CITY.

E. Any substitution of subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years 10 of 39
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and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII PREVAILING WAGE REQUIREMENTS
A. State Prevailing Wage Rates

1. No CONSULTANT or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.

2. CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/laborcompliance). 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 offsite locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

3. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/.

4. Payroll Records
a. CONSULTANT and each subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 California Code of Regulations (“CCR”) § 16000 showing the 11 of 39
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name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
b. The payroll records enumerated under paragraph (1) above shall be certified as correct by CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representative’s at all reasonable hours at the principal office of CONSULTANT. CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
ii. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by CONSULTANT.
iii. The public shall not be given access to certified payroll records by CONSULTANT. CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request. c. CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of CONSULTANT or subconsultant performing the work shall not be marked or obliterated.
e. CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and 12 of 39
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shall, within five (5) working days, provide a notice of a change of location and address.
f. CONSULTANT or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event CONSULTANT or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subconsultant to comply with this section.

5. When prevailing wage rates apply, CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

6. Penalty
a. CONSULTANT and each subconsultant shall comply with Labor Code §§ 1774 and 1775. Pursuant to Labor Code § 1775, CONSULTANT and each subconsultant shall forfeit to CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by CONSULTANT or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive.
b. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of CONSULTANT or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of CONSULTANT or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by CONSULTANT or subconsultant to pay the correct rates of prevailing wages.

A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if CONSULTANT or subconsultant had knowledge of the obligations under the Labor Code. CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
c. In addition to the penalty and pursuant to Labor Code § 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by CONSULTANT or subconsultant.
d. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the 13 of 39
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subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
i. The Agreement executed between CONSULTANT and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
ii. CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant. iii. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project.
iv. Prior to making final payment to the subconsultant for work performed on the public works project, CONSULTANT shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code § 1813.
e. Pursuant to Labor Code § 1775, CITY shall notify CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.
f. If CITY determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, CONSULTANT shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

7. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit, as a penalty to CITY, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by CONSULTANT or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§ 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty 14 of 39
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(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 DavisBacon and related Acts shall apply to this Agreement and are made a part of the Agreement.

3. When federal prevailing wage rates apply, CONSULTANT must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by CITY’s Contract Administrator.

4. If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid.

5. Any subagreement entered into as a result of this Agreement shall contain all the provisions of this Article.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this Agreement, CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement or any ensuing CITY construction project.

CONSULTANT shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided 15 of 39
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pursuant to this Agreement. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

D. CONSULTANT hereby certifies that CONSULTANT or any Subconsultant and any firm affiliated with CONSULTANT or Subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, 16 of 39
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CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF

COMPLIANCE
A. CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of California Government Code § 12990 and 2 CCR § 11102.

B. During the performance of this Agreement, CONSULTANT and its Subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

CONSULTANT further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against CITY, its officials, officers, employees, agents, servants, volunteers, those CITY agents serving as independent contractors in the role of CITY officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law.

C. CONSULTANT and Subconsultants shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code §§ 12920-12999), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the applicable provisions of Gov. Code §§ 11135-11139.5, and the regulations or standards adopted by CITY to implement such provisions.

D. CONSULTANT shall permit access by representatives of the California Civil Rights Department and CITY upon reasonable notice at any time during the normal 17 of 39
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business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its Subconsultants shall give written notice of their obligations under this Article to labor organizations with which they have a collective bargaining or other agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this Article in all subcontracts to perform work under this Agreement.

G. CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5, including employment practices and the selection and retention of subconsultants.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. 18 of 39
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C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE)

PARTICIPATION
A. This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0.0% (zero percent).

Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O1: Consultant Proposal DBE Commitment, or in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, CONSULTANT must complete and submit Exhibit 15-H:

Proposer/Contractor Good Faith Efforts (https://ccag.ca.gov/wpcontent/uploads/2021/09/15-H-DBE-Information-Good-Faith-Effort.pdf) to document efforts to meet the goal. 49 CFR Part 26 shall comply to provide guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. CITY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by CONSULTANT to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as CITY deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or

4. Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR § 26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT 19 of 39
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must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

F. CONSULTANT shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of CONSULTANT) pursuant to prior written authorization of CITY’s Contract Administrator.

G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF will be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE) First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to CITY’s Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier subconsultants” is submitted to the CITY Contract Administrator. 20 of 39
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L. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.

M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
A. CONSULTANT shall not commence work under this Agreement until it has provided evidence satisfactory to CITY that CONSULTANT has secured all insurance required under this Article. CONSULTANT shall furnish CITY with original certificates of insurance and endorsements affecting coverage required by this Agreement on forms satisfactory to CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates and endorsements shall be received and approved by CITY before work commences. CITY reserves the right to require complete, certified copies of all required insurance policies at any time.

B. CONSULTANT shall, at its expense, procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement.

Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VIII, licensed to do business in California, and satisfactory to the City.

Coverage shall be at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
(3) Workers’ Compensation and Employer’s Liability coverages; (4) Professional Liability coverage (or Errors and Omissions coverage); and
(5) Umbrella or excess liability insurance. If required to meet higher limits.

CONSULTANT shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage; and if a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident; (3) Workers’ Compensation in the amount required by law and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and
(4) Professional Liability (or Errors and Omissions Liability): $1,000,000 per claim and $2,000,000 in the aggregate, and if a “claims made” policy is provided, policy inception date, continuity date, or retroactive date must be 21 of 39
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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 selfinsurance maintained by CITY, its officials, officers, employees, agents, volunteers and those CITY agents serving as independent contractors in the role of CITY officials, shall be excess of CONSULTANT’s insurance and shall not be called upon to contribute with it;
(3) Additional Insured Endorsements. For general liability insurance and auto liability insurance, that CITY, its officials, officers, employees, agents, volunteers and those CITY agents serving as independent contractors in the role of CITY officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and with respect to the ownership, operation, maintenance, use, loading or unloading of 22 of 39
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any auto owned, leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible.
(4) Waiver of Subrogation Endorsement. For general liability, automobile liability, and workers’ compensation polices, coverage shall be endorsed to waive each insurer’s right of subrogation against the CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its sub-consultants or subcontractors.

D. All insurance required by this Article shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials.

E. Any deductibles or self-insured retentions shall be declared to and approved by CITY. CONSULTANT guarantees that, at the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials; or (2) CONSULTANT shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

G. The policy limits set forth in this Article do not limit, and shall not be construed to limit, the CONSULTANT’s indemnity obligations contained in this Agreement.

H. CONSULTANT agrees that it will not cancel, reduce, or otherwise modify the insurance coverage required by the Agreement during the term of the Agreement.

CONSULTANT agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of CONSULTANT and the cost of such insurance may be deducted, at the option of CITY, from payments due CONSULTANT. This shall be in addition to all other legal options available to CITY to enforce the insurance requirements.

I. If CONSULTANT maintains broader coverage and/or higher limits than the minimums required in this Article, CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of CONSULTANT under this Agreement.

L. Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

ARTICLE XX FUNDING REQUIREMENTS; NON-APPROPRIATION OF FUNDS A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council of CITY that may affect the provisions, terms, or funding of this Agreement in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the Agreement pursuant to Article VI Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds. 24 of 39
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ARTICLE XXI CHANGE IN TERMS
A. This Agreement may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by CITY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES; GOVERNMENT CODE CLAIM COMPLIANCE Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and Public Works Director, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by City Council of CITY of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this Agreement.

D. In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for extra work, additional services, disputes, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any 25 of 39
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lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, additional services, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against City.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code § 591, CITY has determined that such areas are within the limits of the project and are open to public traffic.

CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

ARTICLE XXVI OWNERSHIP OF DATA AND OTHER WORK PRODUCT
A. It is mutually agreed that all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever of this Agreement (collectively “Work Product”) prepared or delivered by CONSULTANT under this Agreement shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, deliverables and other Work Product performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this Agreement which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with Services rendered under this Agreement must be approved in writing by CITY.

B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the Work Product and results of the Services to be rendered by CONSULTANT hereunder to be work made for hire for the benefit of CITY. 26 of 39
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CONSULTANT acknowledges and agrees that the Work Product (and all rights therein, including, without limitation, copyright and other intellectual property rights) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the Work Product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by CITY for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

F. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all material produced under this Agreement, and that CITY has full legal title to and the right to reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and its officials, officers, employees, servants, attorneys, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (1) secure for CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (2) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

ARTICLE XXVII CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 27 of 39
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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.
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ARTICLE XXXI RETENTION OF FUNDS
A. No retainage will be withheld by CITY from progress payments due CONSULTANT.

Retainage by CONSULTANT or subconsultants is prohibited, and no retainage will be held by CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code § 7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and nonDBE CONSULTANT and subconsultants.

ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this Agreement and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

MINAGAR & ASSOCIATES, INC.

FRED MINAGAR ,Project Manager

23282 MILL CREEK ROAD, SUITE 120
LAGUNA HILLS, CA 92653
CITY:

CITY OF SEAL BEACH

KATHRYNE CHO , Contract Administrator

211 - 8TH STREET
SEAL BEACH, CA 90740

ARTICLE XXXIII INDEPENDENT CONTRACTOR
A. CONSULTANT is an independent contractor and not an employee of CITY. All work or other services provided pursuant to this Agreement shall be performed by or by CONSULTANT’s employees or consultants (collectively “personnel”) under CONSULTANT’s supervision, and CONSULTANT and all of CONSULTANT’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform the Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. CONSULTANT will determine the means, methods, and details by 29 of 39
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which CONSULTANT’s personnel will perform the Services. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the work and other services and compliance with the customary professional standards.

B. All of CONSULTANT’s employees and other personnel performing any of the work and other services under this Agreement on behalf of CONSULTANT shall also not be employees of CITY and shall at all times be under CONSULTANT's exclusive direction and control. CONSULTANT and CONSULTANT’s personnel shall not supervise any of CITY’s employees; and CITY’s employees shall not supervise CONSULTANT’s personnel. CONSULTANT’s personnel shall not wear or display any CITY uniform, badge, identification number, or other information identifying such individual as an employee of CITY; and CONSULTANT’s personnel shall not use any CITY e-mail address or CITY telephone number in the performance of any of the Services under this Agreement.

CONSULTANT shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as CONSULTANT’s personnel require to perform any of the Services required by this Agreement. CONSULTANT shall perform all Services off of CITY premises at locations of CONSULTANT’s choice, except as otherwise may from time to time be necessary in order for CONSULTANT’s personnel to receive projects from CITY, meet with CITY officials or employees, review plans on file at CITY, pick up or deliver any work product related to CONSULTANT’s performance of any of the Services under this Agreement, or as may be necessary to inspect or visit CITY locations and/or private property to perform such Services. CITY may make a computer available to CONSULTANT from time to time for CONSULTANT’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

C. CONSULTANT shall be responsible for and pay all wages, salaries, benefits and other amounts due to CONSULTANT’s personnel in connection with their performance of any Services under this Agreement and as required by law.

CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, CONSULTANT and any of its officers, employees, agents, and subconsultants or other subcontractors providing any of the work or other services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by CITY, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of CITY, and entitlement to any contribution to be paid by CITY for employer contributions or employee contributions for PERS benefits.

D. CONSULTANT shall defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY and its officials, officers, employees, servants, designated volunteers, and those CITY agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising 30 of 39
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from, caused by, or relating to CONSULTANT’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Article XXXIII. In addition to all other remedies available under law, CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Article. This duty of indemnification is in addition to CONSULTANT’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

ARTICLE XXXIV PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The Parties acknowledge that CITY is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. CONSULTANT agrees that, in providing its employees and any other personnel to CITY to perform any work or other services under this Agreement, CONSULTANT shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the Public Employees’ Pension Reform Act of 2013, as amended, and the regulations of PERS. Without limitation to the foregoing, CONSULTANT shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause CITY to be in violation of the applicable retirement laws and regulations.

B. Indemnification. CONSULTANT shall defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY and its officials, officers, employees, servants, designated volunteers, and those CITY agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT’s violation of any provisions of this Article XXXIV. This duty of indemnification is in addition to CONSULTANT’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

ARTICLE XXXV INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND A. Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, indemnify and hold harmless the City, its officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Agreement), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT and/or its officers, agents, servants, employees, subconsultants subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the 31 of 39
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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.

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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.

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.
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C. Mutual Cooperation. CONSULTANT agrees to work closely and cooperate fully with CITY’s Contract Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. CITY agrees to cooperate with CONSULTANT on the Project.

D. Integration; Amendment. This Agreement, including the attachments and Exhibits hereto and documents referenced herein, is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless agreed to in writing by the Parties. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

E. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

E. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Requirements (as applicable). The Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

F. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

G. Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

H. Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
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I. Titles and Headings. The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

J. Corporate Authority. Each person executing this Agreement on behalf of CONSULTANT warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the CONSULTANT is formally bound to the provisions of this Agreement. [signatures on following page]

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EXHIBIT A
Request for Proposal

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Table of Contents
I. INTRODUCTION.................................................................................................. 3 II. QUALIFICATIONS................................................................................................ 3 III. SCOPE OF SERVICES........................................................................................ 4 IV. DELIVERABLES................................................................................................... 5 V. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.................. 6 VI. ADMINISTRATIVE ELEMENTS ........................................................................... 6 VII. PRE-PROPOSAL QUESTIONS ........................................................................... 7 VIII. SCHEDULE.......................................................................................................... 8 IX. SUBMITTAL REQUIREMENTS............................................................................ 8 X. FEE PROPOSAL................................................................................................ 12 XI. INTERVIEW........................................................................................................ 13 XII. SELECTION PROCESS..................................................................................... 13 XIII. GENERAL CONDITIONS................................................................................... 14 EXHIBIT A..................................................................................................................... 16 SAMPLE PROFESSIONAL SERVICES AGREEMENT........................................... 16 EXHIBIT B..................................................................................................................... 17 LOCAL ROAD SAFETY PLAN (LRSP).................................................................... 17 EXHIBIT C..................................................................................................................... 18 SAFE STREETS FOR ALL (SS4A) GRANT AGREEMENT .................................... 18 EXHIBIT D..................................................................................................................... 19 FHWA SS4A GRANT GENERAL TERMS AND CONDITIONS ............................... 19

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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.

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III. SCOPE OF SERVICES
Task 1: Project Management
This task includes general project management and administrative functions such as regular communications with City staff, coordination with project stakeholders, record keeping and progress meetings and minutes with City staff.

Task 2: Safety Analysis
Based on the City’s LRSP dated May 2022, and updated collision data, the Consultant will analyze existing conditions and historical trends and analyze the systemic and specific safety needs of the City’s local roadways (e.g., high-risk road features, specific safety needs of relevant road users, public health approaches, analysis of the built environment, demographic and structural issues, etc.). Consultant shall develop a geospatial identification of higher risk locations. The consultant shall identify disadvantaged communities in the City to ensure that the proposed citywide solutions in the SAP are equitable and proportional in their benefits to the disadvantaged communities.

Task 3: Engagement and Collaboration
The proposed SAP will be developed in collaboration with key stakeholders that may include the local community, businesses, local transportation providers (OCTA), Seal Beach Police Department, Orange County Sheriff’s Department, Orange County Fire Department, Los Alamitos Unified School District, Naval Weapons Station Seal Beach, Caltrans, Golden Rain Foundation, as well as advocacy groups promoting public health and safety. Safety Partners/Stakeholders will meet up to three times during the development of the plan, either in-person or virtually online at the discretion of the City.

The consultant shall also organize and hold one community workshop using an interactive format to gain insight and input from the City’s residents on traffic safety issues. The consultant will reach out to disadvantaged communities in the City to ensure their participation.

Task 4: Policy and Process Changes
Utilizing the City’s LRSP dated May 2022, the Consultant will review the City’s related planning documents, policies, plans, programs, standards, and institutional alignment with current safety best practices. The City’s existing documents to be reviewed include but are not limited to: Seal Beach General Plan and Specific Plans, California Strategic Highway Safety Plan (SHSP), Caltrans Local Roadway Safety Manual, Caltrans Standard Plans (current edition), FHWA Systemic Safety Project Selection Tool, and Local Streets and Road Program (LSRP).

Task 5: Strategy and Project Selections
The Consultant will collaborate with the City and Safety Partners/Stakeholders to identify top emphasis areas and establish safety goals and strategies (including FHWA approved countermeasures) to implement traffic safety.

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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)

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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

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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
[email protected]

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(562) 431-2527 ext. 1321
The City will respond in writing to all questions and requests for clarification received by September 9, 2023. All questions and requests for clarification must be in writing.

VIII. SCHEDULE
The following dates reflect the anticipated schedule:
▪ Request for Proposal Solicitation 08/24/2023
▪ Pre-Proposal Question Deadline 09/07/2023
▪ Proposal Submittal Deadline 09/20/2023, 2:00 p.m.
▪ Consultant Interview (if conducted) October 2023
▪ Contract Award by City Council November 2023
▪ Notice to Proceed October/November 2023
IX. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 2:00 PM on September 20, 2023, to the following. Postmarks will not be accepted.

Kathryne Cho
Deputy Public Works Director/City Engineer
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(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

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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.

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The City reserves the right to change the terms and conditions of this RFP and is not bound by any verbal representations concerning it. Any questions must be submitted prior to September 7, 2023. If any changes to this RFP are made, the City will provide notice to any firms that have made a submittal. This information will be provided via addendum in accordance with Section VII.

Where only one responsive proposal is received, the City may negotiate price with the sole responsive consultant, or it may reject the proposal, conduct a new RFP process, or cancel the RFP.

The City may select the top one or more scoring proposers with which to negotiate, as deemed necessary by the City.

Information to be Submitted
The following information shall be provided, at a minimum:
o Cover Letter
o Table of Contents
o Local Staffing List
o Company Qualifications
o Schedule/Hours
o Contract Signatories
o References
o Exceptions
o Fee Proposal
o DIR Registration Number/Contractor’s License
o Project Understanding/Approach/Scope of
Services
Business Entity
Proposal shall be a maximum of 25 pages, excluding cover page, cover letter, table of contents, resumes and report dividers.

Cover Letter: It shall provide an executive summary of the proposal and designate the firm’s authorized representative regarding this RFP and include a statement that this RFP shall be incorporated in its entirety as a part of the Consultant’s quote. Cover letter shall not exceed two pages.

Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided.

Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including subconsultants. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the Consultant’s project manager.

The Proposer may utilize the services of specialty Subconsultants on those parts of the Work that, under normal contracting practices, are performed by specialty Subconsultants. Unless a specific Subconsultant is listed by the Proposer, the Proposer is representing to City that Proposer has all appropriate licenses, certifications, and registrations to perform the work hereunder. Subconsultants are subject to the same state and federal requirements applicable to the Consultant.

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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

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records, as required. The fee schedule shall be submitted in a separate sealed envelope from the proposal marked as “Safety Action Plan (SAP) - Fee Proposal”.

The Fee proposal is confidential and will not be unsealed until after all proposals have been reviewed, and the ranking has been completed. Upon selection of the most qualified firm, the associated Fee Schedule/Cost Proposal will be used as a basis for contract negotiations. A contract will be negotiated on the basis of the submitted Fee Schedule/Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter negotiations with the second highest ranked firm, and so on.

Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313.

DIR Registration/Contractor’s License (if applicable): Clearly indicate the Consultant’s Department of Industrial Relations registration number for the Consultant and any Subconsultant and provide the Consultant and Subconsultant’s license information.

Business Entity: Clearly indicate the firm’s business entity type (i.e., a California corporation).

X. FEE PROPOSAL
The Consultant shall provide a fee schedule outlining all applicable employee classifications and hourly rates for each task and subtask as well as any other direct costs. The proposal shall provide a breakdown of fees associated with each project task and associated review and approval stage. The Fee Schedule for the project that is submitted in a separate sealed envelope (as outlined above), shall include all work necessary to complete the project.

The Consultant shall also take into consideration the following:

1. Compensation for services, and any optional tasks, provided will be on a time-andmaterials, 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 markup 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.

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XI. INTERVIEW
Top ranked consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Project Team may be requested to present the teams’ and their qualifications at an interview.

XII. SELECTION PROCESS
Proposals will be evaluated on the basis of the response to all provisions of this RFP.

The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.

POTENTIAL EVALUATION CRITERIA

1. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, may be rated a Fail in the Evaluation Criteria and may receive no further consideration.

2. Qualifications & Experience (35%)
Experience and technical competence of the firm and key personnel on similar projects of equal complexity.

3. Organization & Approach (30%)
Understanding and approach to the Work including, but not limited to, task breakdown, scheduling, and staffing.

4. References & Familiarity (20%)
References and familiarity with state and grant procedures.

5. Financial Management and Account System Requirements (5%) Cost Control and Budgeting Methodology. Proposer has a system or process for managing cost and budget. Evidence of successful budget management for a similar project.

6. Conformity (10%)
Willingness to agree to all terms of the professional services agreement.

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All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following:
generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business. Consultants should be aware that award may be made without consultant visits, interviews, or further discussion or negotiations.

XIII. GENERAL CONDITIONS
A. Signature
The Proposal shall be signed by an individual authorized to bind the Consultant.

B. Other Considerations:

The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP.

The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP.

C. Business License Required
The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.gov .

D. Prevailing Wage
All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, Seal Beach City Charter, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Project to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by the City with respect to or in any way arising from the Project’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq.

The Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the “Public Work”), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. The City makes no representation or statement that the project or any portion thereof, is or is not a “public work” as defined in California Labor Code section 1720.

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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.

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EXHIBIT A

SAMPLE PROFESSIONAL SERVICES AGREEMENT
2387397v1 [2/4/2020]

PROFESSIONAL SERVICES AGREEMENT
for
City Project No. O-ST-4
Federal Award No. 693JJ32340099
for
<Design Professional Engineering Services>
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
<Consultant Name>
<Address>
<City, State, Zip Code>
<Phone Number>
This Professional Service Agreement (“the Agreement”) is made as of <INSERT DATE> (the “Effective Date”), by and between <INSERT CONSULTANT NAME> (“CONSULTANT”), <INSERT TYPE OF LEGAL ENTITY (e.g., a California corporation, partnership, etc.)> and the City of Seal Beach (“CITY”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. CITY received a grant from the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) (collectively “FHWA”) under the Fiscal Year 2022 Safe Streets and Roads for All (“SS4A”) Grant Program (“Program”) pursuant to the Bipartisan Infrastructure Law (“BIL”) in July 5, 2023 for the development and preparation of a Safety Action Plan (City Project No. O-ST-4; Federal Award No. 693JJ32340099) (the “Project”).

B. CITY desires certain <design professional engineering> services to carry out the Project.

C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), CITY desires to engage CONSULTANT to provide <design professional engineering> services in the manner set forth herein and more fully described in Section 1.0.

D. CONSULTANT represents that the principal members of its firm are qualified <design professional engineers> and are fully qualified and licensed under California law to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

ARTICLE I INTRODUCTION
A. This Agreement is between CITY and CONSULTANT for <design professional engineering services> as detailed in the Request for Proposals incorporated by reference in Article II CONSULTANT’S SERVICES of this Agreement.

B. The Project Manager for the “CONSULTANT” will be <NAME>. The Contract Administrator for CITY will be <NAME>.

C. Recitals A through D, inclusive, above, are hereby incorporated as part of the terms of this Agreement.

ARTICLE II CONSULTANT’S SERVICES
A. CONSULTANT shall provide the work and other services (collectively “Scope of Services” or “Services”) for the Project identified in Recital A, above, and as further described in this Agreement and in the Agreement Documents defined in Section A(1) of this Article.

1. Agreement Documents. The Agreement Documents consist of this Agreement and all of the following: (i) the Request for Proposal (including all exhibits attached thereto or incorporated therein by reference) (collectively “the RFP”) (Exhibit A); (ii) CONSULTANT’s Approved Proposal (Exhibit B); (iii) U.S. 3 of 38
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Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023 (“FHWA General Terms and Conditions”) (Exhibit C); and (iv) U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023 (“FHWA Grant Exhibits”) (Exhibit D). Exhibits A, B, C, and D, and all Federal and state statutes and regulations referenced therein, are incorporated herein by this reference.

2. Federal Requirements. As a Project funded in part through Program funds provided by the USDOT/FHWA under the BIL, CONSULTANT shall comply with all Federal requirements applicable under the BIL and other provisions of Federal law. As used in this Agreement, “Federal Requirements” includes, but is not limited to, all Federal statutes and regulations referenced or otherwise set forth and/or incorporated into Exhibit A (the RFP); (ii) Exhibit C (FHWA Terms and Conditions); and Exhibit D (FHWA Grant Exhibits); and such other Federal requirements imposed by law.

3. Order of Precedence.
a. Subject to subparagraph (b), the Order of Precedence of the Agreement Documents shall be as follows: (i) this Agreement; and then (ii) the RFP (Exhibit A); and then (iii) the Accepted Proposal (Exhibit B); and then (iii) FHWA General Terms and Conditions (Exhibit C): and then (iv) FHWA Grant Exhibits (Exhibit D). To the extent that there is any conflict between Exhibits A and B and this Agreement, this Agreement shall control. b. In the event of any conflict between the Federal Requirements on the one hand, and any provision of this Agreement, Exhibit A, and/or Exhibit B, on the other hand, the Federal Requirements shall control.

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.
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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.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the Agreement.

ARTICLE IV PERFORMANCE PERIOD
A. This Agreement shall go into effect on <DATE>, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by the CITY Contract Administrator. The Agreement shall end on <DATE>, unless extended by amendment to this Agreement.

B. CONSULTANT is advised that any recommendation for Agreement award is not binding on CITY until the Agreement is fully executed and approved by CITY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by Agreement amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and agreement is required, the Agreement time or actual costs reimbursable by CITY shall be adjusted by Agreement amendment to accommodate the changed work. The maximum total cost as specified in Section “I” of this Article shall not be exceeded, unless authorized by Agreement amendment.

B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award.

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $<AMOUNT>. The fixed fee is nonadjustable for the term of the Agreement, 5 of 38
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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.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:

City of Seal Beach
211 - 8th Street
Seal Beach, CA 90749
Attn: Kathryne Cho, Contract Administrator
I. The total amount payable by CITY including the fixed fee shall not exceed $<AMOUNT>. Invoices shall be mailed to CITY’s Contract Administrator at the following address:

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This Agreement may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, 6 of 38
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appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Government Code § 8546.7, CONSULTANT, subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. CITY, the California State 7 of 38
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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.

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.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).

IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
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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.
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CONSULTANT's obligation to pay its subconsultants is an independent obligation from CITY's obligation to make payments to CONSULTANT.

C. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to subconsultants unless otherwise noted.

D. CONSULTANT shall pay its subconsultants within Fifteen (15) calendar days from receipt of each payment made to CONSULTANT by CITY.

E. Any substitution of subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute subconsultant.

C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be 10 of 38
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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

3. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/.

4. Payroll Records
a. CONSULTANT and each subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 California Code of Regulations (“CCR”) § 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
i. The information contained in the payroll record is true and correct. 11 of 38
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ii. The employer has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
b. The payroll records enumerated under paragraph (1) above shall be certified as correct by CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representative’s at all reasonable hours at the principal office of CONSULTANT. CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
ii. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by CONSULTANT.
iii. The public shall not be given access to certified payroll records by CONSULTANT. CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request. c. CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of CONSULTANT or subconsultant performing the work shall not be marked or obliterated.
e. CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
f. CONSULTANT or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event CONSULTANT or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such 12 of 38
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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.

A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if CONSULTANT or subconsultant had knowledge of the obligations under the Labor Code. CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
c. In addition to the penalty and pursuant to Labor Code § 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by CONSULTANT or subconsultant.
d. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
i. The Agreement executed between CONSULTANT and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
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ii. CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant. iii. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project.
iv. Prior to making final payment to the subconsultant for work performed on the public works project, CONSULTANT shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code § 1813.
e. Pursuant to Labor Code § 1775, CITY shall notify CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.
f. If CITY determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, CONSULTANT shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

7. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit, as a penalty to CITY, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by CONSULTANT or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§ 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code § 1815.

8. Employment of Apprentices
a. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
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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 DavisBacon and related Acts shall apply to this Agreement and are made a part of the Agreement.

4. If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid.

5. Any subagreement entered into as a result of this Agreement shall contain all the provisions of this clause.

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.

Furthermore, Consultant shall avoid the appearance of having any interest, which 15 of 38
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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.

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:

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 16 of 38
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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

D. CONSULTANT shall permit access by representatives of the California Civil Rights Department and CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its Subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

G. CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination 17 of 38
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under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

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)

B. The goal for DBE participation for this Agreement is <INSERT PERCENTAGE>%.

Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O1: Consultant Proposal DBE Commitment, or in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, 18 of 38
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CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or

4. Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR § 26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF will be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, 19 of 38
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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.

L. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.

M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
B. CONSULTANT shall not commence work under this Agreement until it has provided evidence satisfactory to CITY that CONSULTANT has secured all insurance required under this Article. CONSULTANT shall furnish CITY with original certificates of insurance and endorsements affecting coverage required by this Agreement on forms satisfactory to CITY. The certificates and 20 of 38
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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.

Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VIII, licensed to do business in California, and satisfactory to the City.

Coverage shall be at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
(3) Workers’ Compensation and Employer’s Liability coverages; and (4) Professional Liability coverage (or Errors and Omissions coverage). (5) Umbrella or excess liability insurance. If required to meet higher limits.

CONSULTANT shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage, and if a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit; (3) Workers’ Compensation in the amount required by law and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and
(4) Professional Liability or Errors and Omissions Liability, in an amount $1,000,000 per claim and $2,000,000 in the aggregate, and if a “claims made” policy is provided, policy inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
(5) Umbrella or excess liability insurance. [If required to meet higher limits]. CONSULTANT shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should the CONSULTANT obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and 21 of 38
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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 selfinsurance maintained by CITY, its officials, officers, employees, agents, volunteers and those CITY agents serving as independent contractors in the role of CITY officials, shall be excess of CONSULTANT’s insurance and shall not be called upon to contribute with it;
(4) Additional Insured Endorsement. For general liability and auto liability insurance, that CITY, its officials, officers, employees, agents, volunteers and those CITY agents serving as independent contractors in the role of CITY officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of CONSULTANT, including materials, parts or equipment furnished in connection with such work; and with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible.
(5) Waiver of Subrogation Endorsement. For general liability, automobile liability, and workers’ compensation coverage shall be endorsed to waive subrogation against the CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

E. Any deductibles or self-insured retentions shall be declared to and approved by CITY. CONSULTANT guarantees that, at the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officials, officers, employees, agents, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials; or (2) 22 of 38
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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.

J. California Labor Code §§ 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code § 1861, CONSULTANT hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” K. Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services 23 of 38
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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.

C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the Agreement pursuant to Article VI Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This Agreement may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.

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.

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.

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.

ARTICLE XXVI OWNERSHIP OF DATA AND OTHER WORK PRODUCT
A. It is mutually agreed that all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever of this Agreement (collectively “Work Product”) prepared or delivered by CONSULTANT under this Agreement shall 25 of 38
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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.

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.

F. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all material produced under this Agreement, and that CITY has full legal title to and the right to reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and its officials, officers, employees, servants, attorneys, volunteers, and those CITY agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its 26 of 38
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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.

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.

D. All subcontract agreements entered into as a result of this Agreement shall contain all provisions of this Article.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. 27 of 38
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ARTICLE XXXI RETENTION OF FUNDS
A. No retainage will be withheld by CITY from progress payments due CONSULTANT. Retainage by CONSULTANT or subconsultants is prohibited, and no retainage will be held by CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code § 7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.

CONSULTANT:
(CONSULTANT)
(NAME) ,Project Manager
(ADDRESS)
CITY:

CITY OF SEAL BEACH
KATHRYNE CHO , Contract Administrator
211 - 8TH STREET
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SEAL BEACH, CA 90740

ARTICLE XXXIII INDEPENDENT CONTRACTOR
A. CONSULTANT is an independent contractor and not an employee of CITY. All work or other services provided pursuant to this Agreement shall be performed by or by CONSULTANT’s employees or consultants (collectively “personnel”) under CONSULTANT’s supervision, and CONSULTANT and all of CONSULTANT’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform the Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. CONSULTANT will determine the means, methods, and details by which CONSULTANT’s personnel will perform the Services. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the work and other services and compliance with the customary professional standards.

CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any 29 of 38
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other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, CONSULTANT and any of its officers, employees, agents, and subconsultants or other subcontractors providing any of the work or other services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by CITY, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of CITY, and entitlement to any contribution to be paid by CITY for employer contributions or employee contributions for PERS benefits.

D. CONSULTANT shall defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY and its officials, officers, employees, servants, designated volunteers, and those CITY agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Article XXXIII. In addition to all other remedies available under law, CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Article. This duty of indemnification is in addition to CONSULTANT’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

ARTICLE XXXV INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND A. Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, indemnify and hold harmless the City, its officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Agreement), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT and/or its officers, agents, servants, employees, subconsultants subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c).

C. Subconsultant and Other Subcontractor Indemnification. CONSULTANT shall obtain executed indemnity agreements with provisions identical to those in this Article XXXV from each and every subconsultant or subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. If CONSULTANT fails to obtain such indemnities, CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether 31 of 38
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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.

CONSULTANT’s indemnity obligations set forth in this Article XXXV shall also not be limited by the limits of any policies of insurance required or provided by CONSULTANT pursuant to this Agreement.

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.
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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.

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.

E. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

F. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

G. Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver 33 of 38
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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.

I. Titles and Headings. The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Craig A. Steele, City Attorney
CONSULTANT: <Complete name of
Consultant>, a <INSERT TYPE OF ENTITY
(e.g., a California corporation>
By: __________________________
Name: __
Its:

By: __________________________
Name: ___
Its:
(Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 313 from each
of the following categories: (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief financial
officer or any assistant treasurer of such
corporation.)
Exhibit A: Request for Proposal
Exhibit B: Approved Proposal
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Exhibit C: U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All (SS4A) Grant Program: FHWA Projects, dated February 8, 2023
Exhibit D: U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023 35 of 38
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EXHIBIT A
Request for Proposal
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EXHIBIT B
Accepted Proposal
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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
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EXHIBIT D
U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program, dated February 8, 2023

Page 17 of 19 ends

EXHIBIT B

LOCAL ROAD SAFETY PLAN (LRSP)
1 City of Seal Beach
Local Roadway Safety Plan (LRSP)
May 2022
Prepared By:

SEAL BEACH LRSP 2022
2 Executive Summary
Seal Beach has created a local roadway safety plan (LRSP), which identifies a framework to identify, analyze, and develop traffic safety enhancements on the City’s roadway network. The LRSP was developed in response to local issues and needs. Through the analysis, this report has identified emphasis areas to inform and further guide safety evaluation and planning for the City’s transportation network. The LRSP also analyzes collision data on an aggregate basis as well as at specific locations to identify high-crash locations, high-risk locations, and citywide trends and patterns. The analysis of collision history on the City’s transportation network allows for opportunities to: 1) identify factors in the transportation network that inhibit safety for all roadway users, 2) improve safety at specific high-collision locations, and 3) develop safety measures using the 5E’s of transportation safety: Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies, to encourage safer roadway user behavior and better severity outcomes.

Seal Beach has been successful at taking steps to enhance traffic safety throughout the City, but can take additional steps in improving roadway safety citywide. The City is continuing these safety efforts through this plan by identifying areas of emphasis and opportunities for system improvement that can be implemented to enhance safety. This LRSP analyzes the most recent range of collision data (January 1, 2016 to December 31, 2019 and recent roadway improvements to assess historic trends, patterns, and areas of concern.

During the LRSP development process, the City has drafted a vision for traffic safety and outlined the goals that will help guide plan success. The vision is to enhance the transportation network to achieve zero traffic fatalities and serious injury related collisions. The goals were identified as:
• Identify areas with a high risk for collisions.
• Illustrate the value of a comprehensive safety program and the systemic process. • Plan future safety improvements for near-, mid- and long-term implementation. • Define safety projects for HSIP (Highway Safety Improvement Program) and other program funding consideration.

Seal Beach’s collision history was analyzed to identify locations with elevated risk of collisions either through their collision histories or their similarities to other locations that have more general representation of network collision patterns. Using a network screening process, locations within the City that will most likely benefit from safety enhancements were identified.

Using historic collision data, collision risk factors for the entire network were derived. The outcomes informed the identification and prioritization of engineering and non-infrastructure safety measures that address certain roadway characteristics and related behaviors that contribute to motor vehicle collisions with active transportation users.

SEAL BEACH LRSP 2022
3 (Per section 148 of Title 23, United States Code [23 U.S.C. §148(h) (4)]: REPORTS DISCOVERY

AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION—Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.) _______________________
Signature Line
By signing and stamping this Local Road Safety Plan, the engineer is attesting to this report's technical information and engineering data upon which local agency's recommendations, conclusions, and decisions are made.

SEAL BEACH LRSP 2022
4 Table of Contents
1 INTRODUCTION............................................................................................. 6 2 VISION AND GOALS ..................................................................................... 7 3 PROCESS....................................................................................................... 8

3.1 Guiding Manuals.......................................................................................................... 8

3.2 Analysis Techniques ...................................................................................................10 4 SAFETY PARTNERS ................................................................................... 13

4.1 Stakeholder Meeting #1 ..............................................................................................13 5 EXISTING EFFORTS.................................................................................... 13 6 DATA SUMMARY......................................................................................... 14

6.1 Roadway Network.......................................................................................................14

6.2 Intersections ...............................................................................................................14

6.3 Count Data .................................................................................................................14

6.4 Crash Data .................................................................................................................14 7 CRASH SAFETY TRENDS .......................................................................... 18

7.1 All Crashes .................................................................................................................18

7.2 Fatalities .....................................................................................................................19

7.3 Injury Levels................................................................................................................20

7.4 Cause of Crash...........................................................................................................21

7.5 Vulnerable Users ........................................................................................................21

7.6 Significant Trends for Passenger Vehicles..................................................................23

7.7 Behavioral...................................................................................................................23

7.8 Statewide Comparison................................................................................................23 8 EMPHASIS AREAS...................................................................................... 25 9 RECOMMENDATIONS................................................................................. 28

9.1 Infrastructure Improvements .......................................................................................28

9.2 Non-Infrastructure Improvements................................................................................29

9.3 General City-wide Countermeasure Toolbox...............................................................34 10 EVALUATION & IMPLEMENTATION.......................................................... 39

10.1 Evaluation...................................................................................................................39

10.2 Implementation ...........................................................................................................39

10.3 Funding.......................................................................................................................40

10.4 Next Steps ..................................................................................................................42 SEAL BEACH LRSP 2022
5 Table of Figures
Figure 1: Critical Crash Rate Formula .......................................................................................11 Figure 2: Functional Classification (CRS) and Intersection Type as of 2020 .............................15 Figure 3: Fatal and Severe Injury Collisions (2016-2019)..........................................................16 Figure 4: Density of all Crashes at Intersections and Segments (2016-2019) ...........................17 Figure 5: Crash Type by Year (2016-2019)...............................................................................18 Figure 6: Crashes by Injury Levels (2016-2019)........................................................................20 Figure 7: Cause of Crashes (2016-2019) ..................................................................................21 Figure 8: Pedestrian and Bicycle Crashes (2016-2019) ............................................................22 Table of Tables
Table 1: Injury Crashes Categorized by Modes Involved (2016-2019) ......................................19 Table 2: Fatal & Severe Injury Collisions by Cause (2016-2019)...............................................19 Table 3: Comparison of Statewide and Seal Beach Crashes (2015-2018) ................................23 Table 4: Summary of Programs, Policies, and Practices for the City of Seal Beach ..................29 Table 5: City-wide Recommended Safety Projects (Countermeasure Toolbox).........................35 Table 6: Non-Engineering 5E Safety Strategy Countermeasures..............................................37 SEAL BEACH LRSP 2022
6 1 Introduction
Seal Beach is a coastal community that also serves as an access point to other neighboring coastal cities in Orange County. It is known for its commercial and cultural vibrancy. Similar to the surrounding communities, Seal Beach has a stable population of around 25,000 residents.

Along with general tourists and beachgoers, this creates layers of tension and complexity for the transportation network.

This Local Roadway Safety Plan (LRSP) identifies emphasis areas to inform and guide further safety evaluation of the City’s transportation network. The emphasis areas include type of crash, certain locations, and notable relationships between current/past efforts to address traffic collisions and crash history. The LRSP analyzes crash data on an aggregate basis as well as at specific locations to identify high-crash locations, high-risk locations, and city-wide trends and patterns. The analysis of crash history throughout the City’s transportation network allows for opportunities to: 1) identify factors in the transportation network that inhibit safety for all roadway users, 2) improve safety at specific high-crash locations, and 3) develop safety measures using the five E’s of safety: Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies to encourage safer driver behavior and better severity outcomes.

The process and analysis performed for the City’s LRSP including initial vision and goals for the LRSP development, crash history analysis, and emphasis areas is included in this Plan. The information compiled will provide a foundation for decision making and prioritization for safety countermeasures and projects that enhance safety for all modes.

Seal Beach has been successful at taking steps to enhance all modal safety throughout the City. This is supported by their California Office of Traffic Safety rankings identifying them in the top 20% tier for safety as compared to peer cities in most categories. The City continues these safety efforts in this LRSP by identifying areas of emphasis and systemic recommendations that can be implemented to enhance safety. This LRSP analyzes the most recent range of crash data (January 1, 2016 – December 31, 2019) and roadway improvements to assess historic trends, patterns, and areas of increasing concern.

The intent of the LRSP is to:
• Create greater awareness of road safety and risks
• Reduce the number of fatal and severe-injury crashes
• Develop lasting partnerships
• Support for grant/funding applications, and
• Prioritize investments in traffic safety.

SEAL BEACH LRSP 2022
7 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 severeinjury crashes because they provide a locally developed and customized roadmap to directly address the most common safety challenges in the given jurisdiction. Following discussions with Seal Beach staff and a review of existing plans and policies for the area, the following Vision, Goals, and Objectives have been established for this project.

VISION: To enhance the transportation network to achieve zero traffic fatalities and serious injury related crashes.

Goal #1: Identify areas with a high risk for collision.

Objectives:
• Identify intersections and segments that would most benefit from mitigation. • Identify areas of interest with respect to safety concerns for vulnerable users (pedestrians and bicyclists).

Goal #2: Illustrate the value of a comprehensive safety program and the systemic process.

Objectives:
• Demonstrate the systemic process’ ability to identify locations with higher risk for collisions based on present characteristics closely associated with severe collisions. • Demonstrate, through the systemic process, the gaps and data collection activities that can be improved upon.

Goal #3: Plan future safety improvements for near-, mid- and long-term.

Objectives:
• Identify safety countermeasures for specific locations (case studies). • Identify safety countermeasures that can be applied county-wide.

Goal #4: Define safety projects for future HSIP and other program funding consideration.

Objectives:
• Create the outline for a prioritization process that can be used in this and forth-coming cycles to apply for funding.
• Use the systemic process to create Project Case Studies. • Use Case Studies to apply for HSIP funding consideration. • Demonstrate the correlation between the proposed safety countermeasures with the Vision Zero Initiative and the California State Highway Safety Plan.

SEAL BEACH LRSP 2022
8 3 Process
Providing safe, sustainable, and efficient mobility choices for their residents and visitors is a primary goal for the City and their safety partners. The City will continue their collaboration with their safety partners to identify and discuss safety issues within the community through the development of the LRSP and its implementation.

Guidance on the LRSP process is provided at both the national (Federal Highway Administration) and state (California Department of Transportation) level. Both of these organizations have developed a general framework of data and recommendations to be included in an LRSP.

FHWA encourages:
• The establishment of a working group (Stakeholders) to participate in developing a LRSP. • Review crash, traffic, and roadway data to identify areas of concern. • Establish goals, priorities, and countermeasures to recommend improvements at spot locations, systemically, and comprehensively.

Caltrans guidance follows a similar outline with the following steps:
• Establish leadership
• Analyze the safety data
• Determine emphasis areas
• Identify strategies
• Prioritize and incorporate strategies
• Evaluate and update the LRSP
This LRSP documents the results of data and information obtained, including the preliminary vision and goals for the LRSP, existing safety efforts, initial crash analysis, and developed emphasis areas. The development of the LRSP recommendations considers the five E's of traffic safety defined by the California Strategic Highway Safety Plan (SHSP): Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies throughout its process.

3.1 Guiding Manuals
The following section describes the analysis process undertaken to evaluate safety within Seal Beach at a systemic level. Using a network screening process, locations within the City that will most likely benefit from safety enhancements will be identified. Using historic crash data, crash risk factors for the entire network are derived. The outcomes will inform the identification and prioritization of engineering and non-infrastructure safety measures that address certain roadway characteristics and related behaviors that contribute to motor vehicle crashes with active transportation users.

This process uses the latest National and State best practices for statistical roadway analysis described as follows.

SEAL BEACH LRSP 2022
9 3.1.1 Local Roads Safety Manual
The Local Roadway Safety Manual: A Manual for California’s Local Road Owners (Version 1.5, April 2020) purpose is to encourage local agencies to pursue a proactive approach to identifying and analyzing safety issues, while preparing to compete for project funding opportunities. A proactive approach is defined as analyzing the safety of the entire roadway network through either a one-time, network wide analysis, or by routine analyses of the roadway network.1 According to the Local Roadway Safety Manual (LRSM), “The California Department of Transportation (Caltrans) – Division of Local Assistance is responsible for administering California’s federal safety funding intended for local safety improvements.” To provide the most benefit and to be competitive for funding, the analysis leading to countermeasure selection should focus on both intersections and roadway segments and be considerate of roadway characteristics, traffic volumes and surrounding land uses. The result should be a list of locations that are most likely to benefit from cost-effective countermeasures, preferably prioritized by benefit/cost ratio. The manual suggests using a mixture of quantitative and qualitative measures to identify and rank locations that considers both crash frequency and crash rates. These findings should then be screened for patterns such as crash types and severity to aid in the determination of issues causing higher numbers of crashes and the potential countermeasures that could be most effective. Qualitative analysis should include field visits and a review of existing roadway characteristics and devices. The specific roadway context can then be used to assess what conditions may increase safety risk at the site and systematic level.

Countermeasure selection should be supported using Crash Modification Factors (CMFs).

These factors are the peer reviewed product of before and after research that quantifies the expected rate of crash reduction that can be expected from a given countermeasure. If more than one countermeasure is under consideration, the LRSM provides guidance on how to apply CMFs appropriately.

3.1.2 Highway Safety Manual
“The AASHTO Highway Safety Manual (HSM), published in 2010, presents a variety of methods for quantitatively estimating crash frequency or severity at a variety of locations.”2 This four-part manual is divided into Parts: A) Introduction, Human Factors, and Fundamentals, B) Roadway Safety Management Process, C) Predictive Method, D) Crash Modification Factors.

Chapter 4 of Part B of the HSM discusses the Network Screening process. The Network Screening Process is a tool for an agency to analyze their entire network and identify/rank locations that (based on the implementation of a countermeasure) are most likely to least likely to realize a reduction in the frequency of crashes.

The HSM identifies five steps in this process:3
1 Local Roadway Safety Manual (Version 1.5) 2020. Page 5. 2 AASHTO, Highway Safety Manual, 2010, Washington D.C., http://www.highwaysafetymanual.org/Pages/About.aspx
3 AASHTO. Highway Safety Manual. 2010. Washington, DC. Page 4-2.

SEAL BEACH LRSP 2022
10 1. Establish Focus: Identify the purpose or intended outcome of the network screening analysis. This decision will influence data needs, the selection of performance measures and the screening method that can be applied.

2. Identify Network and Establish Reference Populations: Specify the types of sites or facilities being screened (i.e., segments, intersections, geometrics) and identify groupings of similar sites or facilities.

3. Select Performance Measures: There are a variety of performance measures available to evaluate the potential to reduce crash frequency at a site. In this step, the performance measure is selected as a function of the screening focus and the data and analytical tools available.

4. Select Screening Method: There are three principle screening methods. Each method has advantages and disadvantages; the most appropriate method for a given situation should be selected.

5. Screen and Evaluate Results: The final step in the process is to conduct the screening and analysis and evaluate the results.

The HSM provides several statistical methods for screening roadway networks to identify high risk locations based on overall crash histories. In addition to identifying the total number of crashes, this study uses a method referred to as Critical Crash Rate to analyze the data.

3.2 Analysis Techniques

3.2.1 Crash and Network Screening Analysis
Intersections and roadways were analyzed using four crash metrics:
• Number of Crashes
• Critical Crash Rate (HSM Ch. 4)
• Probability of Specific Crash Types Exceeding Threshold Proportion (HSM Ch. 4) • Equivalent Property Damage Only (HSM Ch. 4)
The initial steps of the crash analysis established sub-populations of roadway segments and intersections that have similar characteristics. For this study, intersections were grouped by their control type (Signalized, Unsignalized, Roundabout) and segments by their roadway category (Arterial, Collector, Minor Collector, Local). Individual crash rates were calculated for each subpopulation. The population level crash rates were then used to assess whether a specific location has more or fewer crashes than expected. These sub-populations were also used to determine typical crash patterns to help identify locations where unusual numbers of specific crash types are seen.

The network screening process ranks intersections and roadway segments by the number of crashes that occurred at each one over the analysis period, and then identifies areas that had more of a given type of crash than would be expected for that type of location. These crash type factors were 1) crash injury (fatal, serious injury, other visible injury, complaint of pain, property damage only), 2) crash type (broadside, rear-end, sideswipe, head-on, hit object, overturned, bicycle, pedestrian, other), 3) environmental factors (lighting, wet roads), and 4) driver behavior (impaired, aggressive, and distracted driving). With these additional factors, the locations were further analyzed and assigned a new rank.

SEAL BEACH LRSP 2022
11 From the results of the network screening analyses, a short-list of locations was chosen based on crash activity, crash severity, crash patterns, location type, and area of the City of Seal Beach to provide the greatest variety of locations covering the widest range of safety opportunities for toolbox development. The intent is to populate the safety toolbox with mitigation measures that will be applicable to most of the crash activity in the county. Ten locations will ultimately be selected for mitigation analysis.

3.2.2 Critical Crash Rate (CCR) Analysis
Reviewing the number of collisions at a location is a good way to understand the cost to society incurred at the local level but does not give a complete indication of the level of risk for those who use that intersection or roadway segment on a daily basis. The Highway Safety Manual describes the Critical Crash Rate method, which provides a statistical review of locations to determine where risk is higher than that experienced by other similar locations. It is also the first step in analyzing for patterns that may suggest systemic issues that can be addressed at that location, and proactively at others to prevent new safety challenges from emerging.

The Critical Crash Rate compares the observed crash rate to the expected crash rate at a particular location based on facility type and volume using a locally calculated average crash rate for the specific type of intersection or roadway segment being analyzed. Based on traffic volumes and a weighted citywide crash rate for each facility type, a critical crash rate threshold is established at the 95% confidence level to determine locations with higher crash rates that are unlikely to be random. The threshold is calculated for each location individually based on its traffic volume and the crash profile of similar facilities.

Figure 1: Critical Crash Rate Formula
Source: Highway Safety Manual
Data Needs
CCR can be calculated using:
• Daily entering volume for intersections, or vehicle miles traveled (VMT) for roadway segments,
• Intersection control types to separate them into like populations, • Roadway functional classification to separate them into like populations, • Collision records in GIS or tabular form including coordinates or linear measures.

SEAL BEACH LRSP 2022
12 Strengths
• Reduces low volume exaggeration
• Considers variance
• Establishes comparison threshold

3.2.3 Equivalent Property Damage Only (EPDO)
The equivalent property damage only (EPDO) method is described in the Highway Safety Manual. This method assigns weighting factors to crashes based on injury level (severe, injury, property damage only) to develop a property damage only score. In this analysis, the injury crash costs were calculated for each location (based on the latest Caltrans injury costs). This figure is then divided by the injury cost for a property damage only crash. The resulting number is the equivalent number of property damage only crashes at each site. This figure allows all locations to be compared based on injury crash costs. (Highway Safety Manual, Chapter 4).

SEAL BEACH LRSP 2022
13 4 Safety Partners
As part of the LRSP, local stakeholders were included in the process to ensure the local perspective was kept at the forefront of this planning effort. In addition to the Project Team which included City Staff from the Public Works Department, a stakeholder group was organized. This group consisted of members from Seal Beach Police Department, Orange County Fire Department, Seal Beach Naval Weapons Station, Orange County Bike Coalition, Golden Rain Foundation, and Los Alamitos Unified School District These leaders in the City and community were called together to offer insight on the safety issues present in the city’s transportation network. After the initial network screening and safety analysis, the stakeholder group met to discuss potential countermeasures and challenge areas.

The summary of the stakeholder meeting(s) are outlined below.

4.1 Stakeholder Meeting #1
The first stakeholder meeting was conducted virtually using the Zoom platform on September 28, 2021. At the meeting, stakeholders were introduced to the project and provided an overview of the data used, the required outputs, and the potential outcomes of the study.

In addition to the overview, Stakeholders were asked to provide local insight and knowledge at 10 “case study” locations that were identified after the initial network screening and crash analysis process. Potential countermeasures were recommended and discussed. Additionally, potential emphasis/challenge areas were proposed during the meeting to include vulnerable users (pedestrians and bicyclists), aging drivers, speeders and school zones.

Stakeholder feedback regarding the plan and recommendations were reviewed and incorporated into the study process for the development of the LRSP. Most of the feedback received expressed a strong desire to prioritize bicycle safety throughout the City. 5 Existing Efforts
Existing plans, policies, and projects that were recently completed, planned, or are on-going within the City of Seal Beach were compiled at the start of the LRSP process in order to gain perspective on the existing efforts for transportation-related improvements within the City. Highlevel key points regarding transportation improvements and safety-related topics were identified to inform decision making in this LRSP. Information reviewed included the following:
• Seal Beach General Plan-Circulation Element (2003 – Seal Beach): A long-range plan that incorporates existing traffic conditions, future traffic impacts, and future circulation recommendations.
• Main Street Specific Plan (1996 – Seal Beach): A strategic plan that focuses on moving people by multiple transportation modes.
• Specific Plan for the Development of Pacific Electric Right of Way(1974): A specific plan for the development of a portion of the abandoned Pacific Electric right-of-way.

SEAL BEACH LRSP 2022
14 6 Data Summary
As a data driven process, utilizing the most recent and accurate data is crucial. The following section describes the data inputs used for the analysis process of this LRSP.

6.1 Roadway Network
The collision analysis is built upon the existing roadway network. The base network was derived from the Caltrans California Road System (CRS). Figure 2 illustrates Seal Beach’s roadway network categorized using Caltrans’ Classification System. This classification assigned to each corridor roadway segment as either Other Principal Arterial, Minor Arterial, Major Collector, or Local road is used in the analysis process. Ultimately, corridors will be compared to roadway segments with similar designations.

6.2 Intersections
The collision analysis requires each intersection be classified by type: Signalized, Unsignalized, or Roundabouts. The safety analysis compares intersection safety performance to locations with similar control types. This information is also displayed in Figure 2.

6.3 Count Data
Vehicular count data is used as part of the analysis process to evaluate the impact of traffic and understand the natural hierarchy of the roadway network. Traffic volume data utilized for this project was pulled from the Master Plan of Arterial Highways volume model data from OCTA. For locations without volume, other resources were utilized to identify a reasonable assumption for individual corridors and classification types.

6.4 Crash Data
Collision data was collected from Transportation Injury Mapping System Software (TIMS) and Statewide Integrated Traffic Record System (SWITRS) for the period from January 1, 2016 through December 31, 2019 to have a complete set of collision data for analysis. We utilize fouryears of data instead of the standard three to provide more history to evaluate trends or patterns. Analysis of the raw collision data is the first step in understanding the specific and systemic challenges faced throughout the City. Analyzing the four years of data provided insight on the following collision trends and patterns. The locations and amount of fatal and severe injury collisions are displayed in Figure 3. The density of collisions at intersections and along roadway segments is shown in Figure 4.

SEAL BEACH LRSP 2022
15 Figure 2: Functional Classification (CRS) and Intersection Type as of 2020 SEAL BEACH LRSP 2022
16 Figure 3: Fatal and Severe Injury Collisions (2016-2019) SEAL BEACH LRSP 2022
17 Figure 4: Density of all Crashes at Intersections and Segments (2016-2019) SEAL BEACH LRSP 2022
18 7 Crash Safety Trends
The following section breaks down the crash data for the period from January 1, 2016 through December 31, 2019 by a variety of input factors and user types. This information will be used to highlight areas of concern for the City.

7.1 All Crashes
This report utilized collision data for a four-year period to provide a better understanding of trends and to reflect the patterns in crashes that have occurred on City streets. New data is added to the system in an ongoing basis which means that each time the City updates the analysis, a full 4-year draw from the database, rather than just adding records from the last query should be standard practice. Data used for this report were extracted from Transportation Injury Mapping System (TIMS) and Statewide Integrated Traffic Records System (SWITRS) on July 9, 2021 and was current as of that date. Collision data from January 1, 2016 through December 31, 2019 as reported to TIMS from the local enforcement indicated that during this time there were 512 collisions recorded within Seal Beach. At the time of data collection, data for 2020 was not available on the TIMS database.

During this time, the most common occurring collision types were Rear-End (33%) and Broadside (21%). The total number of collisions have been trending downward since 2016, with a significant 24% drop from 2016 to 2019.

Figure 5: Crash Type by Year (2016-2019)
0 50
100
150
200
250
2016 2017 2018 2019
No. of Collisions
Year
Not Stated
Head-On
Vehicle/Pedestrian
Sideswipe
Rear End
Overturned
Other
Hit Object
Broadside
SEAL BEACH LRSP 2022
19 7.2 Fatalities
During the study period, 9 fatal crashes occurred, as seen in Figure 3. One of the bicycle fatal crashes occurred at night in an area without streetlights. The remaining three took place during daytime.

Table 1: Injury Crashes Categorized by Modes Involved (2016-2019) Involved
With
# of Fatal
Collisions
# of
Severe
Injury
Collisions
# of Other
Visible Injury
Collisions
# of
Complaint
of Pain
Collisions
# of Property
Damage Only
Collisions
TOTAL
Vehicle 4 13 50 129 275 470
Bicycle 2 1 9 12 0 24
Pedestrian 3 0 4 11 1 18
TOTAL 9 14 63 152 276 514
The cause of the fatal & severe injury collisions is shown in Table 2 below. The most common cause for fatal and severe injury collisions is driving or bicycling under the influence (33%), followed by unknown causes, automobile right of way violations, and unsafe speed.

Table 2: Fatal & Severe Injury Collisions by Cause (2016-2019) Collision Cause # of Fatal Collisions # of Severe Injury Collisions Driving or Bicycling Under the Influence of Alcohol or Drug 3 5 Unknown 2 2
Automobile Right of Way 1 1
Pedestrian Violation 2 -
Pedestrian Right of Way 1 -
Unsafe Speed - 3
Improper Turning - 1
Traffic Signals and Signs - 1
Unsafe Lane Change - 1
SEAL BEACH LRSP 2022
20 7.3 Injury Levels
Two-thirds (66%) of the crashes reported during the time-period resulted in property damage only. Fatalities and severe injuries totaled less than 4% of all crashes.

Figure 6: Crashes by Injury Levels (2016-2019)
54%
29%
12%
3% 2%
Property Damage Only (PDO)
(PDO collisions not included
on TIMS)
Injury (Complaint of Pain)
Injury (Other Visible)
Injury (Severe)
SEAL BEACH LRSP 2022
21 7.4 Cause of Crash
The highest cause of collision in Seal Beach is unsafe speed at 35%, followed by improper turning at 13% and driving or bicycling under the influence at 12%. Issues with automobile right of way also had a substantial impact on the City, comprising 9% of the collisions. Drivers ignoring traffic signals and signs compromised 6% of the collisions.

Figure 7: Cause of Crashes (2016-2019)

7.5 Vulnerable Users

7.5.1 Pedestrians
18 pedestrian involved collisions occurred during the study period, resulting in 3 fatal collisions and 15 resulting in some level of injury. About half of the pedestrian collisions occurred at night and roughly 75% of them occurred in a crosswalk.

7.5.2 Bicycle
During the study period, twenty-four (24) collisions involving bicycles were reported. Of these, two (2) were fatal, and one (1) resulted in severe injuries. The remaining collisions resulted in 21 with some form of reported injury or pain. 80% of the collisions occurred during daylight. Most of these collisions were attributed to improper turning and automobile right-of-way violations. 35%
13%
12%
10%
9%
6%
5%
2%
2%
1%
1%
1%
1%
1%

0.39%

0.39%
Unsafe Speed
Improper Turning
Driving or Bicycling Under the
Influence of Alcohol or Drug
Unknown
Automobile Right of Way
Traffic Signals and Signs
Unsafe Starting or Backing
Other Than Driver (or Pedestrian)
Pedestrian Right of Way
Other Improper Driving
Unsafe Lane Change
Wrong Side of Road
Following Too Closely
Other Hazardous Violation
Pedestrian Violation
Fell Asleep
SEAL BEACH LRSP 2022
22 Figure 8: Pedestrian and Bicycle Crashes (2016-2019) SEAL BEACH LRSP 2022
23 7.6 Significant Trends for Passenger Vehicles
• 62 percent of collisions (322) occurred during the day. Many of these collisions still occurred at or near intersections.
• Only eight percent of collisions (45) occurred at night without streetlights, streetlights not functioning (streetlights are owned and maintained by SCE), or during dusk/dawn. Many streetlights in the city operate on ambient light. Many of these collisions still occurred at or near intersections.
• 25 percent of drivers at fault were aged 16 through 25. • 21 percent of the drivers at fault were aged 65 and older. 30% of drivers at fault were aged 55 and older.

7.7 Behavioral

7.7.1 Driving Under the Influence
17% of all collisions (85), were reported as the driver being under the influence of drugs or alcohol. More than half of collisions took place on arterial roads. 2 of these collisions resulted in fatalities, 5 resulted in severe injuries, and 31 resulted in other types of injuries. These collisions were concentrated on Seal Beach Bl, Westminster Ave, and in the downtown Seal Beach area.

7.7.2 Aggressive Driving
Thirty-five (35) percent of the collisions were primarily caused by drivers traveling at unsafe speed or following too closely. These types of collisions are located primarily on major arterials.

7.8 Statewide Comparison
Due to the availability of data, a comparison of crash data to the State averages could only be conducted for data from 2015-2018. These numbers may vary slightly from those mentioned previously, due to the differences in the years of the study period. The following are areas where Seal Beach’s crash rates are higher than those of the State.

Table 3: Comparison of Statewide and Seal Beach Crashes (2015-2018) Challenge Area Statewide % Seal Beach % Difference
Seal Beach has a Higher Percentage of Collisions
Aggressive Driving 33.2% 53.7% 20.5%
Impaired Driving 23.5% 34.1% 10.6%
Improper Use of
Occupant Protection 13.8% 22% 8.2%
Distracted Driving 4.7% 9.8% 5.1%
Motorcyclists 21.7% 26.8% 5.1%
Aging Drivers 13.2% 17.1% 3.9%
Work Zones 1.3% 4.9% 3.6%
Lane Departure 42% 43.9% 1.9%
SEAL BEACH LRSP 2022
24 Challenge Area Statewide % Seal Beach % Difference
Seal Beach has a Low Percentage of Collisions
Commercial Vehicles 6.5% 4.9% -1.6%
Bicyclists 7.2% 2.4% -4.8%
Pedestrians 19.3% 9.8% -9.5%
Young Drivers 12.2% 2.4% -9.8%
Intersections 23.8% 9.8% -14%
SEAL BEACH LRSP 2022
25 8 Emphasis Areas
Emphasis Areas are places where the City of Seal Beach can strategically focus efforts to have a large impact on transportation safety. Emphasis areas were developed by revisiting the Vision and Goals developed at the onset of this planning process and comparing them with the trends and patterns identified in the crash analysis. Where these areas aligned, or major challenges were observed, Emphasis Areas and strategies were developed. While the statewide comparison in Section 7.8 was used to identify potential emphasis areas, not all challenge areas where Seal Beach experienced higher rates than the statewide average resulted in an emphasis area focus.

Emphasis Area #1: Aggressive Driving
Description: Aggressive driving, as defined by the Caltrans SHSP, includes several behaviors including speeding, tailgating, and ignoring traffic signals and signs. Aggressive driving accounted for 53.7% of the City’s crashes resulting in severe injuries or fatalities, versus 33.2% statewide.

Goal for Emphasis Area #1:
• Reduce the number of crashes due to aggressive driving in the City • Identify hot spots and priority corridors for aggressive driving • Apply for funding and implement countermeasures to address aggressive driving Strategies for Emphasis Area #1:
• Educational campaign to target aggressive drivers
• Increased law enforcement presence near aggressive driving hotspots • Increased coordination with law enforcement and other community organizations These strategies will be implemented by the City, law enforcement, and community organizations.

Funding sources for these strategies may include OTS, NHTSA, ATP and SB1 grant programs.

Emphasis Area #2: Impaired Driving
Description: Impaired driving crashes are a high priority challenge area within the Caltrans SHSP. Caltrans defines these as crashes where any evidence of drug or alcohol use by the driver is present, even if the driver was not over the legal limit. 34.1% of impaired driving collisions resulted in severe injuries or death compared to 23.5% for the state average.

Goal for Emphasis Area #2
• Reduce the number of crashes attributed to impaired driving • Identify hot spots and priority corridors for countermeasures to reduce impaired driving • Apply for funding to implement countermeasures to reduce impaired driving crashes Strategies for Emphasis Area #2:
• Authorize, publicize, and conduct sobriety checkpoints programs • Implement an impaired driving education campaign
• Develop educational programs targeting specific audiences based on age group • Additional enforcement presence
SEAL BEACH LRSP 2022
26  Create effective media campaigns in both visual and print media Emphasis Area #3: Improper Use of Occupant Protection
Description: Caltrans defined Improper Use of Occupant Protection as any collision involving victims who did not use or improperly used a safety belt or child restraint. 22% of fatal and severe injury collisions in Seal Beach involved improper use of occupant protection, compared to 13.8% statewide.

Goal for Emphasis Area #3:
• Reduce the number of collisions involving improper use of occupant protection • Identify high areas of collisions involving improper use of occupant protection • Apply for funding and implement countermeasures at these collision hotspots Strategies for Emphasis Area #3:
• Strategic enforcement of existing seat belt laws at hotspot locations • Strategic messaging campaign about seat belt laws and seat belt safety • Establish education and training program to improve occupant protection compliance These strategies will be implemented by the City, law enforcement, and local community organizations. Funding sources for these strategies may include, HSIP, OTS, and SB1 grant programs.

Emphasis Area #4: Distracted Driving
Description: Caltrans defined Distracted Driving as any collisions where the driver of a motor vehicle was not paying attention or using an electronic device. 9.8% of fatal and severe injury collisions in Seal Beach involved improper use of occupant protection, compared to 5.1% statewide.

Goal for Emphasis Area #4:
• Reduce the number of collisions involving distracted driving • Identify high areas of collisions involving distracted driving • Apply for funding and implement countermeasures at these collision hotspots Strategies for Emphasis Area #4:
• Strategic enforcement of cell phone use laws at hotspot locations • Strategic messaging campaign about cell phone laws and driver safety • Establish education and training program to reduce distracted driving and increase compliance of cell phone use laws
These strategies will be implemented by the City, law enforcement, and local community organizations. Funding sources for these strategies may include, HSIP, OTS, and SB1 grant programs.

Emphasis Area #5:Aging Drivers (65+)
Description: Collisions involving aging drivers, as defined by the Caltrans SHSP, includes instances where the driver of the motor vehicles is 65 years or older. During the study period, SEAL BEACH LRSP 2022
27 17.1% of collisions resulting in fatalities or severe injuries were attributed to drivers 65+, versus a state average of 13.2%.

Goal for Emphasis Area #5:
• Reduce the number of crashes involving aging drivers
• Identify hot spots and priority corridors for aging drivers • Apply for funding and implement countermeasures to address collisions involving aging drivers
Strategies for Emphasis Area #5:
• Educational campaign to target aging drivers with messaging about traffic safety either through city programs or programming provided at Leisure World • Increased coordination with law enforcement and other community organizations Emphasis Area #6:Lane Departure Collisions
Description: Lane departure collisions, as defined by the SHSP, includes head-on, hit object, and overturned collisions. It includes instances where a vehicle runs off the road and crosses into the opposing lane prior to the collision. These collisions account for 43.9% of the fatal and sever crashes in the city, versus 42.0% statewide.

Goal for Emphasis Area #6:
• Reduce the number of lane departure collisions
• Identify hot spots for lane departure collisions
• Apply for funding and implement countermeasures on City roads Strategies for Emphasis Area #6:
• Address lane departure collisions by implementing proven countermeasures • Identify priority corridors for lane departure collisions and implement countermeasures on these corridors
These strategies will be implemented by the City, law enforcement, and local community organizations. Funding sources for these strategies may include, HSIP, OTS, and SB1 grant programs.

Emphasis Area #7:Bicyclists
Description: Any instance where a motor vehicle is involved in a collision with a bicyclist is defined as a high priority challenge area by the SHSP. Despite bicycle collisions accounting for

2.4% of fatal & severe injuries compared to 7.2% statewide (based on 2016-2018 SHSP data), this area was emphasized to account for the severity of the bicycle collisions that occurred and the overall safety of bicyclists.

Goal for Emphasis Area #7:
• Reduce the number of collisions involving bicyclists
• Identify high areas of bicycle collisions
• Apply for funding and implement countermeasures at bicycle collision hotspots Strategies for Emphasis Area #7:
• Implement bicycle priority detection at certain key locations • Implement bicycle infrastructure at key locations
SEAL BEACH LRSP 2022
28 • Install bicycle counters to determine where high bicycle volume locations are • Establish education and training program to improve bicyclist safety in the City These strategies can be implemented by the City with assistance from emergency services and community organizations.
9 Recommendations
The following provides more information on general identified issues, crash modification factors, improvements, and countermeasures identified for the City of Seal Beach, as well as for specific project locations identified as part of this analysis.

9.1 Infrastructure Improvements

9.1.1 Countermeasure Selection Process
Part D of the HSM provides information on Crash Modification Factors (CMF) for roadway segments, intersections, interchanges, special facilities, and road networks. CMFs are used to estimate the safety effects of highway improvements and apply CMFs to compare and select highway safety improvements. A CMF less than 1.0 indicates that a treatment has the potential to reduce collisions. A CMF greater than 1.0 indicates that a treatment has the potential to increase collisions. The application of an appropriate CMF can influence the decision to implement a particular project, and the misapplication of CMFs can lead to misinformed decisions. Key factors to consider when applying CMFs include:

1. Selection of an appropriate CMF,

2. Estimation of collisions without treatment,

3. Application of CMFs by type and severity, and

4. Estimation of the combined effect for multiple treatments Examples of Safety Countermeasures can be found through several sources. This Report utilizes the countermeasures found in the California LRSM (https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/hsip/2020/lrsm2020.pdf) and the CMF Clearinghouse (CMF CH) website (http://www.cmfclearinghouse.org/).

Countermeasures for each of the Safety Project Case Studies are based on the data analysis and site visits. Additional countermeasures were identified for the high-level issues on a citywide level and are discussed in Section 9.3 of this Report.

9.1.2 Safety Project Case Studies
From the city-wide analysis, ten project case study locations were selected for further analysis and recommendation. For each of these locations, Safety Project Case Studies were developed to provide a case study to organize projects when applying for funding. These locations were identified through the analysis process based on their collision histories, the observed crash patterns, and their differing characteristics to provide the most insight into potential systemic safety countermeasures that the City can employ to achieve the most cost-effective safety benefits.

A Safety Project Case Study was developed for these locations:

1. Segment: Westminster Ave (City Limits to Seal Beach Blvd) SEAL BEACH LRSP 2022
29 2. Segment: Seal Beach Blvd (Bradbury to Rossmoor Center Way)

3. Segment: Candleberry Ave (Fuchsia St to Marigold St)

4. Signalized Intersection: Seal Beach Blvd & Westminster Ave

5. Signalized Intersection: Seal Beach Blvd & Golden Rain Rd

6. Signalized Intersection: Seal Beach Blvd & Bolsa Ave

7. Signalized Intersection: Tulip St & Lampson Ave

8. Unsignalized Intersection: Seal Beach Blvd & Electric Ave

9. Unsignalized Intersection: Central Avenue & Marina Dr

10. Unsignalized Intersection: Marina Dr & Pacific Coast Highway Appendix A contains the Case Study pages which summarize conditions at each location, and potentially beneficial countermeasures. Countermeasures were subjected to a benefit/cost assessment and scored according to their potential return on investment. These case studies can be used to select the most appropriate countermeasure, and to potentially phase improvements over the longer-term. The potential benefit of these countermeasures at locations with similar design characteristics can then be extrapolated regardless of crash history. These case study sheets can also be used to position the City for future grant funding opportunities.

9.2 Non-Infrastructure Improvements
Non-Infrastructure recommendations have also been proven to impact safety conditions of the transportation network. These education and enforcement measure recommendations are developed to target specific behavior types and populations. Based on a review of the existing plans, policies, and programs within the City, the following topics have been reviewed to identify areas where the City can implement or enhance safety efforts.

Table 4: Summary of Programs, Policies, and Practices for the City of Seal Beach Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance

COMMITTEES / ROLES
Active Transportation
Coordinator None currently
Consider adding role,
especially if active
transportation master plan
is adopted
Safety or Active Advisory
Committee None currently
Consider Implementing
Safety/Active Advisory
Committee
Active Transportation Safety
Education Program
Currently offering traffic safety
bicycle safety awareness
Monitor current impacts,
modify and expand current
efforts as need be
SEAL BEACH LRSP 2022
30 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance

POLICY / PLANS
Complete Streets No current plans, regulations or
policies implemented
Consider implementing
plan or developer
requirements for sidewalks
Traffic Impact Fees Currently implementing Monitor roll out of current fees, modify if necessary
Safe Routes to School No current plans, regulations or
policies implemented
Identify areas of concern
and seek funding
opportunities to enhance
safety.

Traffic Calming Policies No current traffic calming policies before raising speed limits.

Implement traffic calming
measures throughout city
where feasible
Speed Surveys Conducts regular speed surveys.

Speed limits are current.

Continue to update as
required by California
Vehicle Code; review new
guidance from Assembly Bill
43 Warrants for Stop Signs and
Signals City policy based on CA MUTCD
Continue to use CA MUTCD
warrants; identify areas
where additional warrants
can be used (such as
flashing stop signs)
Planning for Density and
Walkable Areas
No current plans, regulations or
policies implemented
Implement localized plans
for transit-oriented
development
Transportation Demand
Management (TDM)/Vehicle
Miles Travelled (VMT) Reduction
TDM: Goals, Objectives, and Policies
are addressed in City’s Circulation
element.

VMT: Addressed in Circulation
Element, and Traffic Impact
Guidelines address VMTs to follow
CEQA.

Continue to support TDM
plans; monitor VMT
reduction strategies in
conjunction with traffic
impact guidelines.

Traffic Crash Monitoring Collision data is kept with the Seal Beach Police Department Records.

Continue monitoring crash
data; Digitize collision data
in GIS database
Active Transportation Master
Plan
No current plans or policies
implemented
Consider implementing
active transportation
SEAL BEACH LRSP 2022
31 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance
master plan to improve
bike/pedestrian safety and
reduce conflicts with
vehicles.

Pedestrian Signal Timing No current plans, regulations or policies implemented
Implement priority
signaling at key
intersections; review
current timings for
accuracy and
appropriateness
Crosswalks/Pedestrian
Infrastructure
High visibility crosswalks are
standard. School zone crosswalks
implemented. Pedestrian
countdown heads are being updated
as part of routine maintenance.

Town Ctr Drive, Seal Beach Bl near
McGaugh Elementary School, Adolfo
Lopez has restricted ped
movements due to vehicle turning
movements.

Continue to implement
countdown heads; evaluate
interventions at locations
with restricted peds
movements; continue to
close gaps in pedestrian
network
Enforcement
Coordination with Westminster, Los
Alamitos, Cypress, OCSD, Fountain
valley, and any other agency who
request assistance. At least one
check point a year and five
saturation patrols yearly, run by the
Police Department. Enforced
ordinances for helmet use/riding on
sidewalks, and jaywalking.

Continue with current
enforcement programs and
continually monitor the
effectiveness of these
programs.

Bicycle Policy
Maintenance of city streets and Cal
trans is responsible for PCH. No
current regulations implemented.

Develop bicycle-friendly
policies that encourage
bicycling for leisure and as
an alternative
transportation mode.

Transit
Transit vehicles currently
accommodate bicycles. No current
plans, regulations or policies
implemented to ensure safe and
equitable access to transit stops.

Implement policies to
integrate bicycle
infrastructure with transit,
such as bike racks, safety
improvements near popular
stops.

SEAL BEACH LRSP 2022
32 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance
Wayfinding
Main St Revitalization project
planned to implement wayfinding
along Main St (in progress)
Monitor effectiveness of
wayfinding, expand to
popular locations.

DATA COLLECTION / INVENTORY
Inventory of Pedestrian Signs and
Signals
Inventory is kept with the Police
Department and with Public Works
Continue to maintain and
update inventory; digitize in
GIS database if not done so
already.

Inventory/Mapping of Active
Transportation Routes
No current plans, regulations or
policies implemented. Inventory is
based on request.

Complete inventory of
existing infrastructure,
digitize in GIS and possibly
include on wayfinding
infrastructure.

Crossroad Database City does not use
Implement regular updates
of collision data into
database.

Active Transportation Volume
Counting
Based on Coastal Commission’s
request. Only applies to the beach
lots and Main Street
Continue traffic & active
transportation volume
collection; utilize this data
in collision analysis

COORDINATION / FEEDBACK
Citizen Feedback
Police Department does take citizen
feedback for roadway safety. No
way for City to track this feedback.
‘Ask City Hall’ website allows to give
feedback.

Continue to seek out
resident feedback and
incorporate into policies
and implementations;
expand opportunities for
easy feedback from
citizens.

Institutional Coordination
Interdepartmental coordination
between City departments in City
Hall. Leisure World and Naval
Weapons Station coordination as
well. City liaison for Seal Beach
Chamber of Commerce.

Maintain formal
coordination between city
departments; involve in
collision analysis and
planning process.

School Engagement City coordinates with Los Alamitos
USD.

Continue to coordinate
with schools and district,
SEAL BEACH LRSP 2022
33 Summary of Programs, Policies, and Practices for City of Seal Beach Topic Current Status Implement or Enhance
involve in collision analysis
and planning process
Law Enforcement/Emergency
Service Engagement
Currently active in City
transportation planning. Local
health agencies are not engaged in
City transportation planning.

Continue to coordinate
with City police and County
Fire; involve in collision
analysis and planning
process. Engage health
agencies as stakeholder.

SEAL BEACH LRSP 2022
34 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, noninfrastructure 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 lifecycle savings, with an Opinion of Project Probable Cost (OPCC) for the initial installation costs and a per-year maintenance cost estimate. The cost shown in Table 5 should be considered initial planning costs using 2022 dollars and not assumed final. Table 6 describes additional recommendations for the remaining categories of traffic safety which includes Enforcement, Education, Emergency Services, and Emerging Technology. 4 LRSM Version 1.5 (2020), Page 27
SEAL BEACH LRSP 2022
35 Table 5: City-wide Recommended Safety Projects (Countermeasure Toolbox)

COUNTERMEASURES LRSM/CMF

ID CRF PER UNIT COST UNIT
Convert intersection to roundabout (from 2-way stop or
yield control) NS05 35% $80,000 Per Intersection
Install/upgrade larger or additional stop signs/other
intersections warning/regulatory signs (stop signs with LED borders)
NS06 15% $1,500 Per Sign
Install raised median R08 25% $75,000 Per Mile
Install edge-lines and centerlines R28 25% $8,000 Per Mile Install curve advance warning R25 30% $80,000 Per sign
Install dynamic speed warning signs R26 30% $100,000 Per sign Install green paint in bicycle lanes R32PB 35% $15,000 Per Intersection Install retroreflective backplates S02 15% $12,000 Per Intersection Improve signal timing (coordination, phasing, red, yellow, operation) S03 15% $8,000 Per Intersection
Install advanced dilemma zone detection S04 40% $34,000 Per Intersection Install protected left-turn phasing S06 45% $75,000 Per intersection Install raised pavement markers and striping (Through
Intersection) S09 10% $22,000 Per Intersection
Install raised medians (refuge islands) NS19PB 45% $25,000 Per Intersection Install/upgrade pedestrian crossing at uncontrolled
locations NS21PB 35% $10,000 Per Intersection
Add segment lighting R01 35% $50,000 Per Mile
Convert to all-way stop control (from 2-way or Yield
Control) NS02 50% $10,000 Per Location
Install High-Visibility Crosswalk 4124 19% $25,000 Per Crosswalk Increase turning radii of driveways - 5% $50,000 Per Location Install bus bay - 5% $150,000 Per Location
36 COUNTERMEASURES LRSM/CMF

ID CRF PER UNIT COST UNIT
Reconfigure bicycle lanes - 5% $60,000 Per Location
Retrofit ADA ramps - 5% $100,000 Per Location
Install shutter on signal heads to prevent speeding - 5% $100,000 Per Location Install no right-turn-on-red restriction - 5% $50,000 Per Approach Install additional movement signal heads - 5% $100,000 Per Location Intersection control evaluation - 5% $100,000 Per Location 37 Non-Engineering 5E Safety Strategy Countermeasures:

These recommended countermeasures were derived from the collision analysis and build on the actions identified in Section 9.2.

These relate to the additional Es of Traffic Safety outside of Engineering. This includes Enforcement, Education, Emergency Services and Emerging Technologies.

Table 6: Non-Engineering 5E Safety Strategy Countermeasures

PROPOSED COUNTERMEASURE POTENTIAL PARTNERS EXAMPLES OF COUNTERMEASURE

ENFORCEMENT
Establish enforcement and visibility program for
aggressive driving Local law enforcement; CHP CHP’s Regulate Aggressive Driving and Reduce Speed (RADARS) Program
Continued enforcement in school zones Local law enforcement; CHP; school districts; OCTA; SCAG
Obtain grant funding for additional personnel
in school zones
Increased enforcement of safe driving & active
transportation behaviors near busy crosswalk
locations
Local law enforcement; CHP
Obtain grant funding for additional
enforcement near high pedestrian activity
locations

EDUCATION
Campaign to target aggressive driving and DUIs Local law enforcement; CHP; California Office of Traffic Safety (OTS)
CHP’s Regulate Aggressive Driving and
Reduce Speed (RADARS) Program
Bicycle and pedestrian safety campaign Local law enforcement; OCTA; SCAG SCAG’s ‘Go Human’ Campaign; ‘ OTS’ ‘Ride
With Traffic’ campaign
Planned educational events at high activity
locations
Explore safe routes to school education grants to
expand program
Local school districts; local law
enforcement; OCTA; SCAG
Safe Routes to School Program, funded by
Caltrans
Coordinate safety education campaigns with SCAG SCAG; local law enforcement Roadway safety fairs at schools Education campaign for aging drivers

EMERGENCY SERVICES
Continue to work on interdepartmental
communication between City staff and City police
department and County fire department
Local law enforcement & county fire
department
Incorporate law enforcement/fire department
as stakeholders on transportation
improvement projects
38 PROPOSED COUNTERMEASURE POTENTIAL PARTNERS EXAMPLES OF COUNTERMEASURE Incorporate public health agencies and fire
departments as stakeholders in safety projects
Local public health agencies and county
fire departments
Adjust safety project development processes
to include public health and fire department
feedback

EMERGING TECHNOLOGY
Continue to use best practices for pedestrian
crossings at high pedestrian traffic areas City Public Works; OCTA; Caltrans Continuously update pedestrian crossing
design standards in accordance with latest
best practices
Utilize new data sources to monitor traffic conditions
and inform County safety plans City Public Works; OCTA; Caltrans Utilization of data from OCTA traffic management center SEAL BEACH LRSP 2022
39 10 Evaluation & Implementation

10.1 Evaluation
The success of the LRSP will be evaluated using the preliminary process outlined below. This process will be useful to ensure proper implementation of goals and to determine when updates are needed.
• Regular progress meetings will be conducted to track the implementation of the plan. In addition, the success of the plan will be evaluated on an annual basis. • An update to the plan should be considered after no more than five years. • Continued monitoring and recording of traffic incidents on local roadways by law enforcement.
• Maintain a list of focus areas where there are transportation safety concerns.

10.2 Implementation
Implementation of the LRSP can be accomplished through several avenues including development of projects, the establishment of new policies and programs, and development/strengthening of relationships with stakeholders.

With regard to projects, the following identifies potential focus areas for the City in the near-tomid-term.

Near- & Mid-Term Focus Areas
The opportunities identified in this report provide more of the systemic countermeasures that can be applied within the City. Over the next three to five years, it is recommended that the City concentrate its efforts on the emphasis areas:

1. Aging Drivers

2. Impaired Driving

3. Improper Use of Occupant Protection

4. Distracted Driving

5. Aggressive Driving

6. Lane Departure Collisions

7. Bicyclists
Analysis conducted at the citywide level indicated that these factors were some of the most frequent influences contributing to collisions within the City. The countermeasure opportunities previously discussed in this report for both systemic and project-specific improvements can be used as a basis for developing projects at locations where addressing these focus areas would be of the most benefit. Projects that address these focused areas can be developed with a high benefit-to-cost ratio (by applying City-wide collision rates), allowing projects to be developed even at sites with little to no direct collision history, but with conditions that might contribute to future collisions.

SEAL BEACH LRSP 2022
40 10.3 Funding
Competitive funding resources are available to assist in the development and implementation of safety projects in Seal Beach. The City should continue to seek available funding and grant opportunities from local, state, and federal resources to accelerate their ability to implement safety improvements throughout Seal Beach. The following is a high-level introduction into some of the main funding programs and grants for which the City can apply. The City should also work with regional agencies such as OCTA and SCAG to identify and apply for safety improvement funding.

10.3.1 Highway Safety Improvement Program
The Highway Safety Improvement Program (HSIP) is a Federal program housed under Fixing America’s Surface Transportation (FAST) Act. This program apportions funding as a lump sum for each state, which is then divided among apportioned programs. These flexible funds can be used for projects to preserve or improve safety conditions and performance on any Federal-aid highway, bridge projects on any public road, facilities for non-motorized transportation, and other project types. Example safety improvement projects eligible for this funding include:
• New or upgraded traffic signals
• Upgraded guard rails
• Pedestrian warning flashing beacons
• Marked crosswalks
California’s local HSIP focuses on infrastructure projects with national recognized crash reduction factors. Normally HSIP call-for-projects is made at an interval of one to two years. The applicant must be a city, a county, or a tribal government federally recognized within the State of California.

Additional information regarding this program at the Federal level can be found online at:
https://safety.fhwa.dot.gov/hsip/. California specific HSIP information – including dates for upcoming call for projects - can be found at: http://www.dot.ca.gov/hq/LocalPrograms/hsip.html.

10.3.2 Caltrans Active Transportation Program
Caltrans Active Transportation Program (ATP) is a statewide funding program, created in 2013, consolidating several federal and state programs. The ATP funds projects that encourage increased mode share for walking and bicycling, improve mobility and safety for non-motorized users, enhance public health, and decrease greenhouse gas emissions. Projects eligible for this funding include:
• Bicycle and pedestrian infrastructure projects
• Bicycle and pedestrian planning projects (e.g. safe routes to school) • Non-infrastructure programs (education and enforcement) This program funding is provided annually. The ATP call for projects typically comes out in the spring. Information on this program and cycles can be found online at:
http://www.dot.ca.gov/hq/LocalPrograms/atp/
SEAL BEACH LRSP 2022
41 10.3.3 State Transportation Improvement Program
The State Transportation Improvement Program (STIP) provides state and federal gas tax money for improvements both on and off the state highway system. STIP programming occurs every two years. The programming cycle begins with the release of a proposed fund estimate, followed by California Transportation Commission (CTC) adoption of the fund estimate. The fund estimate serves to identify the amount of new funds available for the programming of transportation projects. Once the fund estimate is adopted, Caltrans and the regional planning agencies prepare transportation improvement plans for submittal. Caltrans prepares the Interregional Transportation Improvement Program (ITIP) using Interregional Improvement Program (IIP) funds, and regional agencies prepare Regional Transportation Improvement Programs (RTIPs) using Regional Improvement Program (RIP) funds. The STIP is then adopted by the CTC.

10.3.4 California Senate Bill 1 (SB 1)
SB 1 is a landmark transportation investment to rebuild California by fixing neighborhood streets, freeways and bridges in communities across California and targeting funds toward transit and congested trade and commute corridor improvements.

California’s state-maintained transportation infrastructure will receive roughly half of SB 1 revenue: $26 billion. The other half will go to local roads, transit agencies and an expansion of the state’s growing network of pedestrian and cycle routes. Each year, this new funding will be used to tackle deferred maintenance needs both on the state highway system and the local road system, including:
• Bike and Pedestrian Projects: $100 million
o This will go to cities, counties and regional transportation agencies to build or convert more bike paths, crosswalks and sidewalks. It is a significant increase in funding for these projects through the Active Transportation Program (ATP). • Local Planning Grants: $25 million

10.3.5 California Office of Traffic Safety (OTS) Grants This program has funding for projects related to traffic safety, including transportation safety education and encouragement activities. Grants applications must be supported by local crash data (such as the data analyzed in this report) and must relate to the following priority program areas:
• Alcohol Impaired Driving
• Distracted Driving
• Drug-Impaired Emergency Medical Services
• Motorcycle Safety
• Occupant Protection
• Pedestrian and Bicycle Safety
• Police Traffic Services
• Public Relations, Advertising, and Marketing Program
• Roadway Safety and Traffic Records
SEAL BEACH LRSP 2022
42 10.3.6 SCAG Sustainable Communities Program (SCP)
This program is an innovative vehicle for promoting local jurisdictional efforts to test local planning tools. The SCP provides direct technical assistance to SCAG member jurisdictions to complete planning and policy efforts to implement the regional Sustainable Communities Strategies (SCS). Grants are available in the following three categories:
• Integrated Land Use
o Sustainable Land Use Planning
o Transit Oriented Development (TOD)
o Land Use & Transportation Integration
• Active Transportation
o Bicycle Planning
o Pedestrian Planning
o Safe Routes to School Plans
• Green Region
o Natural Resource Plans
o Climate Action Plans (CAPs)
o Green House Gas (GHG) Reduction programs

10.4 Next Steps
The City of Seal Beach has completed this LRSP to guide the process of future transportation safety improvements for years to come. The data-driven analysis process identified collision types, related primary collision factors, and locations of many collisions. Based on this process, Emphasis Areas were developed. These Emphasis Areas will guide corridor improvements, education programs, and capital improvements for the City.

Using the analyzed data and outputs from this LRSP, the City has also completed, or plans to complete, the following tasks:
• Actively seek other funding opportunities to improve safety for all modal users • Collaborate with established safety partners & neighboring municipalities as improvements are made to create a cohesive transportation network • Iteratively evaluate existing and proposed transportation safety programs and capital improvements to design a safer transportation network in Seal Beach. • Begin designing safety improvements identified in the Case Study sheets contained in this report.

The City also plans to have the City Council formally approve and adopt the Local Road Safety Plan (LRSP) in 2022 Based on current Caltrans guidelines, the City will plan to update the LRSP in five years in 2027.

SEAL BEACH LRSP 2022
Appendix A: Case Study Sheets
Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Case Study Sheet: Location #1
Project Location Description & Maps:

Intersection: Westminster Ave & Kitts Hwy
Examples of Similar Intersections: Seal Beach Blvd & Apollo Dr Traffic and Geometric Data:

Traffic Data
Number of Approaches 4
Total Entering Vehicles 38,000
Crosswalk Condition 3 Legs with Pedestrian
Timing
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 50 MPH
Median Yes
Collision Data
Total Collisions 10
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 3
Top 3 Collision Types Rear-End (80%)
Broadside (10%)
Other (10%)
Total Nighttime Collisions 2
Wet Surface Collisions 1
Drug and Alcohol Related
Collisions 1

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
10 0 0
N
Victoria St
Pomona Ave
Additional Notes:
• High concentration of rear-ends
• Construction on Westminster Ave
• Westminster Blvd is a large arterial
• 60% of crashes happened in 2016 before the start of the constrution • Bicyclists constrained on this roadway
• Entrance to Naval Weapons Station Seal Beach - Security Gate 9 (south leg of intersection) & Security Gate 30 (north leg of intersection) N
2 2
Westminster Ave
Kitts Hwy
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
Bike & Pedestrian Install green paint in bicycle
lanes

0.65 (R32PB) $1,390,480 -* -*
All Install retroflective
backplates on signal heads

0.85 (S02) $595,920 $12,000 49.66
All
Install advanced dilemma
zone detection system at
signals

0.60 (S04) $1,589,120 $60,000 26.48
* There were no bicycle or pedestrian collisions at this location, therefore a benefit could not be calculated for this countermeasure
Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Project Template: Location #2
Project Location Description & Maps:

Segment: Seal Beach Bl: Bradbury Rd to Rossmoor Center Way Examples of Similar Segments: Seal Beach Blvd: Plymouth Dr to St Cloud Dr Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 37,833
Lighting Yes
Highest Posted Speed Limit 40 MPH
Collision Data
Total Collisions 3
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 1
Top 3 Collision Types
(percentage)
Broadside (33.3%)
Rear-End (33.3%)
Hit Object (33.3%)
Total Nighttime Collisions 2
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
3 0 0

SEGMENT
Additional Notes:
• Several driveway related crashes
• Turning radius on driveway is tight as evident by tire marks on curb • Stop bar is far back on driveway due to pedestrian sidewalk yet reduces sight distance N
*
Rossmor Center Way
Seal Beach Bl
N
Bradbury Road
Countermeasure Evaluation
Primary
Issues
Potential
Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety Related
B/C
Turning
Radius
Increase turning radii of
driveways along Seal
Beach Bl

0.95 $60,820 $50,000 1.22
Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Project Template: Location #3
Project Location Description & Maps:

Segment: Candleberry Ave: Fuschia St to Marigold St
Examples of Similar Segments: Seal Beach Blvd: Plymouth Dr to St Cloud Dr Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 1,000
Lighting Yes, south side of road
Highest Posted Speed Limit 30 MPH
Collision Data
Total Collisions 1
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 0
Collision Type Rear-End
Total Nighttime Collisions 1
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 1

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
1 0 0

SEGMENT
Additional Notes:
• No striping on Candleberry Ave
• Candleberry Ave acts a neighborhood collector road to exit the College Park East neighborhood to Lampson Ave • High pedestrian and bicycle traffic
• Residential neighborhood
N
PC
Fuchsia St
Candleberry Ave
N Marigold St
Countermeasure Evaluation
Primary
Issues
Potential
Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety Related
B/C
All Install centerline striping 0.75
(R28) $80,900 $8,000 10.11
All Install edgeline striping 0.75
(R28) $80,900 $8,000 10.11
All Install speed feedback
signage

0.85 (NS06) $48,540 $5,000 9.71
Ped &
Bike Install bicycle lanes 0.65(R32PB) $113,260 $25,000 4.53 Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Case Study Sheet: Location #4
Project Location Description & Maps:

Intersection: Seal Beach Bl & Westminster Ave
Example of Similar Intersection: Seal Beach Blvd & Pacific Coast Highway Traffic and Geometric Data:

Traffic Data
Number of Approaches 4
Total Entering Vehicles 38,635
Crosswalk Condition All Legs with
Pedestrian Timing
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 50 MPH
Median Yes
Collision Data
Total Collisions 18
Fatal and Injury
Collisions
Fatal Injury - 2
Severe Injury - 1
Visible Injury - 4
Top 3 Collision Types Hit Object (38.9%)
Broadside (27.8%)
Rear-End (16.7%)
Total Nighttime Collisions 8
Wet Surface Collisions 2
Drug and Alcohol Related
Collisions 5

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
17 0 1
*
2 *
2 *
N
Westminster Ave
Seal Beach
Blvd
Additional Notes:
• High concentration of hit object crash type
• Busiest intersection in the city
• No bus bay which can block vehicles
• Curve near intersection causes congestion and sight issues • Bicycle lanes need to be reconfigured on certain approaches • ADA ramps on some corner do not lead to crosswalk; issues for sidewalk bicycle riders • Speed is a large issue at this location
N
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All Install bus bay on southern
leg of Seal Beach Bl 0.95 $527,280 $150,000 3.52
Bike & Pedestrian Reconfigure bicycle lanes
approach 0.95 $28,460 $60,000 0.47
Bike & Pedestrian Retrofit ADA ramps to
address current issues 0.95 $527,280 $100,000 5.27
All Install retroflective
backplates

0.85 (S02) $1,581,840 $12,000 131.82
All
Install additional R3-7 sign
(Left Lane Must Turn Left)
on north leg median

0.85 (NS06) $1,581,840 $1,500 1054.56
All
Install advanced dilemma
zone detection system - can
address curve visibility

0.60 (S04) $4,218,240 $80,000 52.73
All
Install curve advance
warning signs (flashing
beacons)

0.70 (R25) $3,163,680 $80,000 39.55
All
Install dynamic speed
warning signage before
curve

0.70 (R26) $3,163,680 $100,00 31.64
Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Case Study Sheet: Location #5
Project Location Description & Maps:

Intersection: Seal Beach Bl & Golden Rain Rd
Examples of Similar Intersections: Seal Beach Blvd & Heron Pointe; Seal Beach Blvd & Rossmoor Way Traffic and Geometric Data:

Traffic Data
Number of Approaches 3
Total Entering Vehicles 41,690
Crosswalk Condition West side with
Pedestrian Timing
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 50 MPH
Median Yes
Collision Data
Total Collisions 3
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 1
Visible Injury - 0
Top 3 Collision Types Rear-End (66.7%)
Broadside (33.3%)
Total Nighttime Collisions 2
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
3 0 0
N
Additional Notes:
• No crosswalk across Seal Beach Bl
• No sidewalk but bike lane along NB Seal Beach Bl
• Red light running has been observed here
• Confusion by intersection proximity has been observed as well N
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
2 Golden Rain Rd
Seal Beach Blvd
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All Install retroflective
backplates on signal

0.85 (S02) $1,411,080 $12,000 117.59
Bike & Pedestrian
Install crosswalk across
Seal Beach Bl to facilitate
bicycle crossings

0.65 (NS21PB)
-* $100,000 -*
All Install shutters on signal
heads to prevent speeding 0.95 $470,360 $100,000 4.70
All
Adjust signal timing to
address run throughs of
signals

0.85(S03) $1,411,080 $8,000 176.39
All Install advanced dilemma
zone detection system 0.60 (S04) $3,762,880 $60,000 62.71 *No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot be calculated Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Case Study Sheet: Location #6
Project Location Description & Maps:

Intersection: Seal Beach Bl & Bolsa Ave
Examples of Similar Intersections: Pacific Coast Highway & Bolsa Ave Traffic and Geometric Data:

Traffic Data
Number of Approaches 4
Total Entering Vehicles 24,426
Crosswalk Condition
3 yellow crosswalks
with pedestrian timing
for nearby school
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 50 MPH
Median Yes
Collision Data
Total Collisions 1
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 1
Collision Types Head-On (100%)
Total Nighttime Collisions 1
Wet Surface Collisions 1
Drug and Alcohol Related
Collisions 1

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
1 0 0
N
Additional Notes:
• Speeding is an issue here
• Crosswalk on Westbound leg not present
• McGaugh Elementary School is at this location
• School crossing signage is far from intersection
• Bike lane striping should be updated on Seal Beach Bl N
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Seal Beach Blvd
Bolsa Ave
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All Install crosswalk along
Westminster leg
5%
(4124)
-* $100,000 -*
Bike & Pedestrian Upgrade bicycle lane
striping along Seal Beach Bl 0.65 (R32PB) -* $15,000 -* All
Install no right-turn-on-red
restriction from Bolsa Ave
on WBR movement

0.95 $28,460 $50,000 0.57
All Install lane tracking striping
on left turns 0.91 (S09) $56,920 $22,000 2.59
All
Install additional through
movement signal heads on
Bolsa Ave movements

0.95 $28,460 $100,000 0.28
All
Evaluate relocation of bus
stop on Seal Beach Bl north
of Bolsa Ave
- varies varies varies
*No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot be calculated Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Case Study Sheet: Location #7
Project Location Description & Maps:

Intersection: Ocean Ave & Electric Ave
Examples of Similar Intersections: 14th St & Electric Ave; Main St & Electric Ave Traffic and Geometric Data:

Traffic Data
Number of Approaches 5
Total Entering Vehicles 3,250
Crosswalk Condition 4 Legs; none on the
southern side
Control Type Stop sign
Lighting No
Highest Posted Speed Limit 30 MPH
Median Yes- center refuge
Collision Data
Total Collisions 2
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 0
Top 3 Collision Types Vehicle-Pedestrian
(100%)
Total Nighttime Collisions 2
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
0 2 0
N
Additional Notes:
• Two pedestrian collisions
• Class I bike lane leading into intersection, but signage and striping can be improved • Many have observed that Class I bike lane is not used often • Multi-leg intersection that causes confusion regarding right-of-way • Landscaping may cause visibility issues
N
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Electric Ave
Ocean Ave
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All Improve signage and
striping along bicycle lane 0.90 (S09) $64,720 $22,000 2.94 All Evaluate roundabout at this
location varies varies varies varies
Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Case Study Sheet: Location #8
Project Location Description & Maps:

Intersection: Tulip St & Lampson Ave
Examples of Similar Intersections: Healther St & Lampson Ave; Basswood St & Lampson Ave Traffic and Geometric Data:

Traffic Data
Number of Approaches 4
Total Entering Vehicles 13,651
Crosswalk Condition
3 Crosswalks with
Pedestrian Timing;
none on the northern
side
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 45 MPH
Median No
Collision Data
Total Collisions 1
Fatal and Injury
Collisions
Fatal Injury - 1
Severe Injury - 0
Visible Injury - 0
Top 3 Collision Types Broadside (100%)
- (0%)
- (0%)
Total Nighttime Collisions 0
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
1 0 0
N
Additional Notes:
• This intersection is shared with Los Alamitos
• No injury collisions within Los Alamitos jurisdiction or along frontage road • Fatal broadside collision here
• Poor sight distance for NBR movement due to brick wall along Lampson Ave • All-red is one second
• Right-turn-on-red allowed here
N
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Lampson Ave
Tulip St
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All
Install no right-turn-onred restriction on NBR
movement

0.05 $32,360 $10,000 3.24
All Reevaluate signal timing,
including all-red phases 0.85 (S03) $97,080 $8,000 12.14 All Install protected phasing on
N/S movements

0.45 (S06) $291,240 $75,000 3.88
Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Case Study Sheet: Location #9
Project Location Description & Maps:

Intersection: Caravel Way & Marina Dr
Examples of Similar Intersections: Ocean Ave & 3rd St; Ocean Ave & 14th St Traffic and Geometric Data:

Traffic Data
Number of Approaches 3
Total Entering Vehicles 6,130
Crosswalk Condition Two crosswalks, west
side and north side
Control Type Unsignalized
Lighting Yes
Highest Posted Speed Limit 30 MPH
Median No
Collision Data
Total Collisions 2
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 0
Collision Types Broadside (50 %)
Sideswipe (50 %)
Total Nighttime Collisions 1
Wet Surface Collisions 1
Drug and Alcohol Related
Collisions 1

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
2 0 0
N
Additional Notes:
• Traffic circle like at 4th and Central may work here
• Bicycle lane is wide here and may be confusing to drivers • Conflict between SBR and NBL merge/visibility
N
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Marina Dr
Caravel Way
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All Install traffic circle 0.65
(NS05) $226,520 $80,000 2.83
All
Install safety lighting at
Marina Dr & Caravel Way
intersection

0.65 (R01) $226,520 $50,000 4.53
All Install all-way stop 0.50 (NS02) $323,600 $20,000 16.18 Bicycle &
Pedestrian
Reconfigure bicycle lane
striping and signage 0.95 -* $75,000 -*
*No pedestrian or bicycle collisions occurred at this location, therefore a safety benefit cannot be calculated Project Name: Seal Beach LRSP
Agency Name: Seal Beach
Contact Name: Iris Lee
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jason Melchor
Date: April 2022
Case Study Sheet: Location #10
Project Location Description & Maps:

Intersection: Marina Drive & Pacific Coast Highway
Examples of Similar Intersections: Pacific Coast Highway & 1st St Traffic and Geometric Data:

Traffic Data
Number of Approaches 3
Total Entering Vehicles 67,800
Crosswalk Condition 1 on the west side
Control Type Unsignalized
Lighting Yes
Highest Posted Speed Limit 40 MPH
Median Yes
Collision Data
Total Collisions 4
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 0
Top 3 Collision Types Broadside (50%)
Rear-End (50%)
Total Nighttime Collisions 1
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
4 0 0
N
Additional Notes:
• Sigh distance issues due to curves
• Caltrans is planning to put bike lane on PCH
• PCH & 8th St crossing is no left-turn
N
Bolsa Ave
Seal Beach Blvd
Seal Beach Blvd
Westminster Ave
Lampson Ave
Pacific Coast Hwy
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Legend
! Roundabout
! Signalized
Seal Beach Boundary
Pacific Coast Highway
Marina Drive
Countermeasure Evaluation
Primary Issues Potential Countermeasures
Crash Modification
Factor
(LRSM/CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All
Intersection control
evaluation to determine
potential changes to
geometric configuration, in
coordination with Caltrans

0.95 $64,720 $100,000 0.65
All
Install median or bollards to
prevent left-turns from 8th
St onto PCH

0.55 (NS19PB) $582,480 $25,000 23.3

Page 18 of 19 ends

Seal Beach City CouncilJanuary 22, 2024

Seal Beach City Council
January 22, 2024