Yucaipa City Council
February 13, 2023

•
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer V:C Landon Kern, Assistant City Engmee
Todd Gutjahr, Public Works Analyst
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FOR: City Council Meeting of February 13, 2023
SUBJECT: Development of a Local Roadway Safety Plan
That City Council:

1. Accept the grant funding award in the amount of $54,000 from the State of California Department of Transportation (Caltrans) for thedevelopment of a Local Roadway Safety Plan (LRSP); and

2. Authorize an amendment to the FY22/23 Annual Operating Budget to increase the revenue budget *in the Miscellaneous Special Revenue Fund 225 by $54,000,- and

3. Authorize an amendment to the FY22/23 Annual Operating Budget to increase the expense bud2et in the Miscellaneous Special Revenue Fund 225 by $60,000; and

4. Authorize a transfer in the amount of $6,000 from the Pavement Management Program (PMP) Local Match for State/Federal Grant funds to the Miscellaneous Special Revenue Fund 225 to cover the grant's local match requirement-, and
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6. Authorize a contract contingency in the amount of $4,040 and the amount of $3,500 for design contract admim*stration and permitting for a total budget of $60,000 for this effort.

For many years, the City has aggressively pursued federal, state, local, and other grant funding to help fund and construct capital improvement program projects. With direction from Council, staff has also pursued partnerships with other agencies to help fund and construct infrastructure projects that provide multiple benefits to the residents of the City of Yucaipa. Grant funding and funding through these partnerships have funded over 49% of the total cost of infrastructure projects constructed or being planned for construction over the last 20 years. The following graph identifies the various funding sources for infrastructure projects prioritized by City Council between 2002 and 2022:
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City Council Meeting of February 13, 2023
Development of a Local Roadway Safety Plan

*2002 - 2022
Capital Improvement Program Project Funding Sources
Development Impact
Fee Program,
Measure-1, Solid Waste �-$31,222,231
Franchise Fee, General Redevelopment Agency
Fund Loan, Developer $9,617,000
Contribution &
Donation, S50,547,550�_
General Fund,
$7,604i246
Parks Capital
Replacement Fund,-/
S3,510,000
g nao
+/-49
State rants. %
$43,314,165 1 Federal Grants,
$37,573,238
The City has completed many traffic safety improvement projects as a result of successful grant applications under the Highway Safety Improvement Program (HSIP) administered by Caltrans.

Examples include the recently constructed traffic signal improvements at Oak Glen Road and 2 d Street, Yucaipa Boulevard and 16 th Street, and the Left Turn Phasing Traffic Signal Modification at Various Locations project. The HSIP grant applications are developed with input from Yucaipa Police Department personnel, through monthly meetings held at City Hall to review current Citywide traffic conditions, changes to roadway conditions due to current construction projects, and any potential traffic safety concerns such as speeding. The HSIP grant eligibility requirements have been updated, and now require local jurisdictions to develop a citywide LRSP.

A LRSP identifies and analyzes roadway safety concerns, resulting in recommendations for potential roadway safety improvement projects in an effort to enhance public safety and emergency response throughout the City of Yucaipa.

In March of 2021, City staff was notified by Caltrans that the City's grant funding application for the development of a LRSP had been approved and that the City was awarded grant funding in the amount of $54,000.
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City Council Meeting of February 13, 2023
Development of a Local Roadway Safety Plan

On August 9, 2022, staff distributed a Request for Qualifications/Proposals seeking professional engineering services to prepare an LRSP. The qualifications and proposals were due on August 23, 2022, and the following three (3) firms responded:

Office Location
TJKM Transportation Consultants
Pleasanton, CA
KOA Corporation
Monterey Park, CA—
Minagar & Associates
Laguna Hills, CA
An evaluation panel comprised of Development Services Department staff reviewed and evaluated the submittals received based on the City's administrative qualifications -based review process.

Upon completion of the evaluation process, the panel determined that KOA Corporation (KOA) to be the most qualified firm to provide the requested services. This determination was based on their qualifications, experience, the proposed scope of work, identification of any constraints, options to address these issues, and previous work on other City projects. As a result, staff recommends the City Council award an agreement for professional services to KOA for this effort.

FISCAL IMPACT:

The total estimated costs for this effort are included in the table below.

Description•
Proposed Contract
_EE9posed Contract Contingency
Proposed Contract Administration
Total Proposed Cost
The total proposed funding in the FY2022/2023 Budget is included in the table below:

I Safety I
Hi&4wa rovement Progr 1 (HST) Grant Fundslit
PMP (Local Match Requirement)
Total Proposed Funding
Staff is recommending the amount of $6,000 be allocated to this effort from the Pavement Management Program Local Match for State/Federal Grant funds account. This account is included in the adopted FY 2022/2023 CIP budget and is intended to provide additional and/or local match funding for state/federal grant -funded street -related capital improvement projects. The current balance in this account is $44,871. Allocating the amount of $6,000 to this effort leaves a balance of $38,871. Asa result, there is sufficient funding available to accommodate staffs recommendations.

Attachments: Professional Services Agreement
Approved By:
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CTI y OF

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated January 23, 2023 ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and KOA Corporation, a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties" and individually as a "Party." A. City issued Request for Qualifications/Proposals on August 23, 2022, titled "Request for Qualifications/Proposals for Preparation of Local Roadway Safety Plan (LRSP)." The Consultant submitted a proposal dated August 23, 2022, in response to the RFP.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees.

C. Per Section XIV of the Request for Qualifications/Proposals, the City desires to retain Consultant as an independent contractor, and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties, therefore, agree as follows:

A. Scope of Services. Consultant shall perform the services described in the Scope of Services (Exhibit A) (the "Services") to prepare all necessary plans and to provide the City with a complete LRSP.

B. City may request, in writing, changes in the Scope of Services to be performed.

Any changes mutually agreed upon by the Parties and any increase or decrease in compensation shall be incorporated by written amendments to this Agreement.

C. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Ali Shahzad (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.

D. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

E. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances.
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F. Personnel. Consultant has or will secure all personnel required to perform the Services required under this Agreement at its own expense. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

G. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, ordinances, codes, regulations, and requirements.

H. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits, and certificates required by law for the provision of Services under this Agreement, including a business license.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $52,460 (the "Maximum Compensation") for such Services.

B. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to City of Yucaipa, 34272 Yucaipa Blvd. Yucaipa, CA 92399. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount N
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required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, timecards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City for a period of three (3) years after receipt of final payment.

5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. If City uses the Data on any other project, City agrees that it shall do so at its sole risk and without liability or legal exposure to the Consultant. City further agrees that it shall hold Consultant harmless from and against any and all such claims, damages, liabilities, losses, and expenses, including attorney's fee, arising out of or resulting from such use of the Data an another project. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing N
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data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict -of -interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or 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, its officers, agents, servants, employees, subcontractors, materialmen, consultants 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 Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by 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 Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, M
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penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws.

City may 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 subparagraph A.2.). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every 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 indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the Agreement of the Parties.

B. Workers' compensation Acts not Limiting. Consultant's indemnifications and obligations under this Section, 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 its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

9. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

I ) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit N
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shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)
4) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

B. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VlI, unless otherwise acceptable to the Entity.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non-Contributinu. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

E. Consultant's Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the in
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insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

F. Deductibles and Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement.

The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 8 of this Agreement.

K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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L. Subcontractor Insurance Requirements. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors, M. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

10. Mutual Cooperation.

A. Ci1y's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.

B. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable In
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substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.

A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve the Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant's and City's regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

I • a 17 . TO CONSULTANT -
City of Yucaipa KOA
Attn: Engineering Attn: Ali Shahzad, PE
34272 Yucaipa Boulevard 1100 Corporate Center Drive, Suite 201 Yucaipa, California 92399 Monterey Park, California 91754

16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third -Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

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

20. 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 work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, 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, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, 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 reasonable 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.

22. Non -Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal Year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal Year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal Year in which City M
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appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal Year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control.

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. "Business days" means days Yucaipa City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Yucaipa.

30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all reasonable attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect. -11-
414

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.

M
-12-
415

The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Yucaipa,
a California municipal corporation
By:

Name: Justin Beaver
Title: Mayor
an
Name: Kimberly J. Metzler
Title: City Clerk
By:

Name: Steven Graham
Title: City Attorney
-13-
Consultant:

KOA,
a California Corporation
Name: Min Zhou
Title: Californina Regional M
By -
Name: Ali Shahzad
Title: Managing Director/Senior Engineer - San Diego
416

EXHIBIT A
! ! '
A-1
417

CITY �1

DATE
Dear Mr. Gutjahr:

August 23, 2022
Attached please find our proposal describing the KOA Corporation (KOA) TO
approach to preparing a Local Roadway Safety Plan (LRSP) for the City of Yucaipa Mr. Todd Gutjahr
that will address safety needs and provide eligibility for future Highway Safety Public Works Analyst
Improvement Program grant opportunities as well as opportunities from the new City of Yucaipa
federal Safe Streets for All (SS4A) program.
34272 Yucaipa Boulevard
Yucaipa,, CA 92399
KOA's Project Manager (PM), Al Shahzad, PE, will manage this project. He successfully has overseen the development and implementation of LRSPs for past projects with the cities of: Encinitas, Upland Redlands, Poway, and Santee. He is

FROM AUTHORIZED
licensed as a traffic engineer with the State of California. Our Deputy Project PM,

PRINCIPAL
Clyde Prem, PTP, has also worked on these projects, and will provide a key role.

Ms. Min Zhou, PE
KOA will apply Caltrans' LRSP Program to the City of Yucaipa's unique conditions CEO/President
and setting. For this specific proposal, we will demonstrate:
1100 Corporate Center Drive,
Suite 201
(1) Strong project management, adherence to schedule and to providing frequent Monterey Park, CA 91754
communication with the City;
(323) 260-4703
[email protected]
(2) We will provide KOA's well -established stakeholder engagement program providing for input in person, through Zoom/Teams, using surveys and other

CONTACT PERSON
methods;
Mr. Ali Shahzad, PE
Project
Project Manager
Manage
(3) Using our in- house GIS specialists to quickly analyze complex SWITRS/TIMS T 619)
data queries; (2) provide a preliminary analysis of the City's collision history "hot
83-29 3
D
data over the last five years, including identification of critical spots`" - [email protected]
intersections, roadways, and collision data trends;
FP
(4) Identify engineering/construction projects to address safety systemically, and at spot locations. We will also identify programs that can be provided using Preparation of Local
P
Office of Traffic Safety (OTS) funds.

Roadway Safety Plan (LRSP)
(5) Prepare a detailed implementation plan and reporting system to execute the City's LRSP as a "living document", so that it can evolve with local plans and policies, and achieve success on future HSIP calls -for -projects, and be eligible for future SS4A funding applications.

Thank you for this opportunity to offer our services to the City of Yucaipa to help the City prepare an -LRSP. Our proposal is valid for 90 days. I am authorized to bind the company as firm Principal of KOA. KOA accepts and acknowledges receipt of the sample "Professional Services Agreement". All the KOA engineers and planners we select to work on this project have multiple years of LSRP project experience.

We appreciate this opportunity to present our approach and qualifications and look forward to working closely with the City of Yucaipa on this important project.

KOA will not be using subconsultants. Please contact me, if you have any questions or if you would like additional information.

Sincerely,
KOA Corporation
Min Zhou, PE
CEO/President

Firm Profile
KOA's Experience
Financial Strength
General Operation
Project Understanding and Approach 2
Scope of Work Program 3
Task 1: Project Management 3
Task 2: Review Existing Planning Documents 3
Task 3: Data Collection and Analysis 4
Task 4: Countermeasure Development 6
Task 5: Implementation Program 7
Task 6: Local Roadway Safety Plan 7
Project Schedule 8
Organization Chart 9
Relevant Projects and References 10
Per the RFP, our Cost Proposal is submitted in a separate sealed envelope. 421

FIRM `
Founded ��8 �Aba�e�n pmvNe��� traffic
TYPES(}F�ER�|�E�
'~ planning, andconstruction managementservices
Local Road Safety rla/m
—mrtation
for public agenciesand privatesector clients, Ve onerour clients technical Systemic Safety AnalysisReports

N OF OFFICES
LnSr^^./*/e a similar framework with aspects °' the California Statewide 5|w(6) Offices
` each focuses he 4 ^Es"of
Monterey Park
transportation safety Education, Enforcement, and Emergency {}range
Services. 4nLRSP systematicallyidentifies 'and analyzes safety problems and Ontario
recommends safety improvements.

San Diego
LRSP$SSARsrequire adatadrivenquan���ive�na|ys�uf^�~ "big - ' Le[lu1nte
Culver City
KOA'sknowledgeable in-house G|Steam excels. Our team ofexperienced engineers leads project collision and safety analysis, countermeasure selection,

PROJECT OFFICE
and development otconstructible conceot�m�gnsandcos!estimate�.Our '

LOCATION
' clients can beconfident that KZAwill deliver asuccessful Local Road Safety Plan suited totheir agency needs.
58Q5Murphy 'Canyon Road
�
Suite 380

FINANCIAL STRENGTH
San D�gn.CA92123
' KOA has a strong financial history and a positive financial outlook. The firm has (619)683-2953
�nannua|sa|es p���Qmi|||on ave{uethathas|ncreased|n�each } projection "

MAIN CONTACT
' year ofthe Mnm'sexistence because ofdiversification and expansion ofour ` { planning and de�gnservces
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ProjectKManager
GENERAL OPFQAT|ONAUK4ANAGFMENT STRUCTURE
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KOAise[a|�o,n�Sub-Chapter SCorpon�ion incorporated
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'
onSeptember 4th'1987VVehaxeheendbaKOA Corporation since � �e2O�

CITY OF YUCAIPA I
422

PROi, "T AT"O"E,
V
r. " R 0 A P (" il
KOA will complete a Local Roadway Safety Plan (LRSP) to meet Caltrans requirements and position the City for HSIP funding. KOA has you covered, and will provide a Caltrans compliant LRSP and a compliant SS4A document and
process. We can do this because:
® KOA has completed 25 LRSPs, and have worked
directly with Caltrans District 8 staff on nine LRSP
projects.
9 KOA has and continues to work with cities to
prepare HSIP grants, develop plans and estimates
for awarded HSIP grants, manage projects through
the Caltrans Local Projects. We are also now actively
updating safety plans to be SS4A compliant and are
preparing grant applications for S54A funding.

Key lessons learned from this work:
* Be flexible in how to best get stakeholder input.
have found ways to obtain input efficiently to be
able to get key participation, and be respectful of
stakeholder time and schedules.
0 In addition to engineering solutions, LRSP and
the new SS4A programs encourage input and
consideration of driver behavior, and the need to
consider education and enforcement strategies. K
will obtain input from these key stakeholders.
* How to broadened the project to include evaluatio
of equity issues, which is specified in the SS4A
program. I
The City of Yucaipa General Plan provides the supportive foundation for this LRSP. This General Plan describes street classifications and sets mobility standards. It also describes neighborhood context and defines an active transportation network. The LRSP will provide a citywide transportation safety context to support the General Plan.

As part of our analysis approach, KOA will complete an
in-depth analysis of crash patterns in Yucaipa. In order to get an overall assessment of collision patterns in Yucaipa, we have downloaded the SWITRS/TlMs data and used
our internal analysis tools to complete some preliminary analysis. This analysis will be refined and enhanced when we complete the project. Our initial analysis has found that 75% of all crashes in Yucaipa occur at intersections.

At these intersections, the most frequent type of crash is broadside (359/6) and rear end (18%) crashes. To fully understand collisions, and be able to identify locations for HSIP funding. KOA will review the data in detail, and develop collision diagrams for key locations, Then, KOA will use the Caltrans recognized countermeasures for signalized intersections, unsignalized intersections, or roadways to address these key locations.

A stronger pedestrian environment is supported by
safety countermeasures. 18% of total severejury/
fatal collisions are pedestrian collisions. Using collision data, we will identify pedestrian crash locations. For
signalized locations, we will examine our full complement of pedestrian countermeasures including at signals
—walk times, protected/unprotected phases, leading
pedestrian intervals and adequacy of pedestrian crossing infrastructure — countdown heads, pedestrian ramps, etc.

For the bicycle system, we will examine bicycle safety of your bike lanes and bike routes.

I
A key item to project success is communication. KOA will ensure full coordination with City staff and be responsive to any email, Teams/Zoom calls, and telephone discussions on a continuous basis throughout the project. In addition, understanding and meeting the required project schedule and budget are key elements for successful project
delivery. Therefore, our management plan includes the
close tracking of the project schedule by the project
manager.

With respect to controlling project costs, having up-to- date project expenditure information is essential. Our
accounting system allows for the tracking of overall project and task expenditures and is accessible from the computer desktops of principals and project managers. Through
regular tracking of the projects financial progress, warning flags that tasks are at risk of not being completed within budget will be identified quickly.

Without question, any client expects their consultants to prepare and deliver high quality work projects, and we
know that Yucaipa will expect no less. We are committed to generating quality work products and strive for producing error -free reports and plans. Our quality assurance/quality control (QA/QC) program generally involves having reports and plans go through a minimum two -stage internal review process, before allowing deliverables to be submitted to an agency for review and approval. The first stage of internal review involves a peer review by an experienced planner and design engineer. The second stage of internal review involves another round of reviews by one or more senior - level planner or registered engineer.

O-AD; WA'- Ll MEE

CITY OF YUCAIPA
423

Additional stages may include reviewsbv specialists who ` will focus 'onunique or complicated aspects of the project.

The reviewers also verify that all agency review comments have been properly addressed on any revised plans or
reports that we prepare. The process of document review, � correction, editing, and final internal approval a/e well - documented Quality | |
Program Manual and recorded to provide a paper -trail of the process. The manual is available for review by the City of Yucaipa.
� KOA COMMITMENT
�
�We ensure that all measures of the of
services are completed in a timely and professional
� manner with an emphasis on providing the City
with a high -quality product.
' S C 0 P k111Vh1130���U, 'A��
' TASK 1:PROJECT MANAGEMENT
Akey issue project successiscommunication. KOAwill
' ensure full coordination with City staff and beresponsive tnany email and telephone discussions onacontinuous
throughoutbasis the We will work withthCity
staff to gain understanding of the transportation system and the data available to use in analyzing the system.

Project issues and questions will be dealt with effectively through our attention to detail on this project and to
ensure the project remains on schedule and on budget.

PROJECT MEETINGS
, KI}&will attend the following in -person orvirtual meetings with City staff for this project:
^
Project |Kick -Off Meeting
� KOAwill coordinate emeeting with City staff to kick-off this � project. The primary purposes of the meeting will be to:
`
~ Clarify the of the study and discuss the
� desired outcomes for this work
� ° Identify stakeholdersfor the working group. Wewill
facilitate coordination throughout thepnoject
, ~ Review the work plan and schedule.

Project Team (PT) Meetings
Up to three virtual/web-based platform conference -
call meetings to provide updates on project progress,
upcoming tasks, and identification of any potential risks and challenges, Additional meetings may be held if needed as project priorities are developed and recommendations

CITY OF YUCAIPA
Recurring monthly project progress meetings, via phone/ Zoom/Teams calls, will be scheduled and conducted
between KOA and the City team to provide project
progress updates and discuss upcoming deliverables. A
project progress meeting will be held after the City staff reviews the draft engineering countermeasure technical
memorandum. The KOA Team will discuss all the proposed
engineering countermeasures with City staff and address their comments and input.

A project progress meeting will be held after the City staff reviews the Draft Local Roadway Safety Plan. The KOA
Team will discuss all the received comments from City staff.

KOA will provide a meeting agenda to the City's Project Manager at least one business day prior to each Meeting minutes will be submitted to the City for review within five business days after each meeting. Draft reports will be submitted at least 5 business days prior to the meeting ~ Meeting agenda and minutes
^ Refined scope ofwork and schedule
~ Monthly progress reportsand invoices
~ PowerPointpresentahon materials
TASK 2:REVIEW EXISTING PLANNING

DOCUMENTS
KOAvi|| review the existing related documents, such as
the latest General Plan, and various local, state, and nu\ documents, data, CIP projects, procedures, and standards related tothe LRSPdevelopment. Wewill also ask for G|S
files and traffic count data that can beused inrefined crash analysis. KOAwill review these documents and files Uo
assist inthe identification ofsafety emphasis areas. We will request the most recent City engineer and traffic survey to get traffic counts and other information.
^ 424

KOA
? Figure T-1

TRANSPORTATION NETWORK
a
44 ymp. ww d Manor
i4 M# ArIonol H*wy
Nor Hij"
...........

Af
......... ...........

Transportation Network from General Plan - Transportation non -severe injury crashes. This practice helps our team Element identify prioritized locations for field review. The goal is to identify high crash concentration locations and similar TASK 3: DATA COLLECTION AND ANALYSIS intersections that may not have the same crash history but KOA will be utilizing City compiled crash data as the basis share similar risk factors. Key collision data items from the for the safety y anal sic as requested in the RFP. By way of SWITR database for Yucaipa is shown in Figure 1. illustration as to the type of analysis that will be produced from the City crash data, we have run a preliminary
analysis of the City's collision experience using data from the Statewide Integrated Traffic Records System (SWITRS) for the years 2017-2021. This database provides the
police collision records for each reported collision. The following graphs and tables provide an indication of safety conditions and provide an indication of the type of analysis KOA will complete for this project. Note: this additional work will be completed during the project to obtain the full list of property damage only collisions not provided in TIMS/SWITRS. We will also supplement this information as needed, with local collision data.

KOA will conduct an in-depth analysis of the crash data for the past 5 years. Through the collision data analysis, KOA will identify prominent collision patterns, which will include a combination of collision type, location type (signals vs. mid -block), Primary Collision Factors (PCFs), involved parties, movements preceding the collisions, lighting
conditions, and others. KOA will also identify trends related to shifts in crash type and contributing factors.

KOA will rank the intersections and roadway segments
within the City by collision frequency and crash costs, which provide an order of magnitude difference between
the societal costs of fatal and severe injury crashes versus FIGURE 1 EXAMPLE COLLISION ANALYSIS
25%
" 'FO-H_ R , U�MNMM E T L M�8�Gl `:E-ERI:NG,F �%T

CITY OF YUCAIPA
Collisions by Severity
* Unsafe Sp.d
* Improper Taming
* Traffic Siguls & Signs
* OrMnq or 81cyding Undorthe Inf,
* Artorno6ft ROW
* Unknown
t+ VnW. Cane Chop
• Other Than Drivtv
• FoH.Wnq To. CbsOy
Pedestrian ROW
Othor Irnp,.pe, Doing
-W..9 Si&.fRod
-Other Fkud­ Vi.l.u..

PedorU4nVid,tion
M Complaint of Pain
or Visible Injury
o Severe Injury
a Fm al
4 425

LK:M
id
7 Ch apinanHLights
' thool
9 Y.C.IP. valley fwtf CIO
IE Stot oly RoorimM
Yucaipa High School
P
pa Valley Animal 9 Yucaipa WAX
acetren', Saciety9
Ro5SO ess to: Le -%" e Xv
VanL C J C10 Ytical, i
9 SN,akh*u$,.- & Bar
L- lafiri s4vcr
Ciov�n Ace Hof waNy
*"11
V
YI
Cdllisl
12 Collisions , ons to
3�
Dunlap
ip
Elcm(nt3ty School
Ayusus E Av ,ee
4 I T TiLick
Tr
UPIllsio ns
Valley Twin Pines k1a bile
iorno NIX
Oak view High School
Sheet Park
AyoAw E
Hidden Valley
A- 9 Coll isionsi [.amp Pcpali Mobile Estates
A%
The above graphic shows the "heat diagram" showing intensity of collisions and severity. The table below provides the dollar value consistent with benefit calculations used by Caltrans. 4th and Yucaipa, and Oak Glen and Yucaipa are shown to have the highest number of collisions and the highest dollar value of collisions.

KOA will take this information and assess each location in detail, then identify the best countermeasures for each key intersection and segment. One example intersection is shown below:

04. 0-pWrAof
TOW
Wfisw"
Qh Cft
, ow,
ft*
4TH ST & YUCAIPA 81.
1 0
3 8
12 $2,664,100
1 OAK GLEN RD & YUCAIPA 61.
1 0
2 9
12 $2,602,700
2 3RD ST &YUCAIPA RL
1 0
3 6
10 S2,502,300
3 STH ST & MLDWOOD CANYON RD
0 1
2 3
10 S2,117,300
A

OAK GLEN RD & STONEWOOD OR
0 1
1 A
10 52o055f900
5 YUCAIPA 81. & YUCAIPA VALLEY CIR
2 a
2 9
11 S1o012.700
6 CHAPMAN HEIGHTS RD & OAK GLEN RD
0 0
5 1 3
1 10
1 S954,2001
7 1

AVENUE E & OAK GLEN RD
0 0
1 8
1 2,500
8 TrH S7 & YUCAIPA 8L
0 0
3 3
s
9 14TH ST & YUCAIPA SL
0 0
1 6
12 J.
10 IM ST & YUCAJPA SL
0 0
2 2�
4 15
'200
601.
it
13TH ST & YUCAIPA OL
0 0
2 4
Collision Diagram - 4th Street and Yucaipa Blvd
Task 3 Deliverables
• ArcGIS shapefiles of mapped collision data obtain from the 5-year data • Technical Memo of crash analysis identifying contributing factors and probable causes, supported by graphic exhibits
5 CITY OF YUCAIPA
426

TASK 4: COUNTERMEASURE DEVELOPMENT

IDENTIFY SAFETY EMPHASIS AREAS
KZV\ willassess transportation safety and identify projectsthat can be supported/funded through the HSIP program.

KOA will collaborate with the City and stakeholders to
� identify . - areas to establish goals, strategies
countermeasures hoimprove traffic safety and mitigate the , number ofcollisions. \Newill develop both engineering and � non -engineering countermeasures (the 4-Es) toaddress � the identified collision patterns `and safety emphasis areas based oncollision data analysis and stakeholder input. The r | countermeasures will berefined based oUfeedback from � theengagement with key stakeholders.

As we complete this step, KOA will analyze the collision ` data on a systemicbasis and hraddress high crash
l concentration locations, Using the data related totraffic patterns, roadway features, traffic volumes, crash type, ' driver factors, and environmental conditions, wewill
identify systemicissues and causes for collisions and
will identify identify 'top risks and
contributing factors t0the prominent collision patterns. ' The safety countermeasures will incorporate continual feedback from City staff and key stakeholders and reflect patterns ofexisting facilities |nthe study area.

SELECT ENGINEERING COUNTERMEASURES
Our team of traffic U use the Local Roadway
Safety Manual (LRSM) to complete the HSIP project
assessment with our experience, we will identify crash
locations and projects that will provide a Benefit -Cost ratio that would meet Caltrans funding thresholds. The LRSM
provides the list of countermeasures that address safety issues recognized for HSIP funding.
�Engineering countermeasures will beapplied toaddress
collision locations in Yucaipa for:
, ° Roadway Segments—atcollision concentrations and
^ ~ Signalized Intersection — at collisionconcentrations and systemic (city -or corridor) applications
" Non -Signalized Intersection- where collisions are
�concentratedand systemic applications
. Bicycle improvements — along existing bicycle
' facilities, where collisions _have occurred within
� orapproaching intersections, orwhere any
^ concentration of collisions are found along corridors ° PedestManimprovemeot—wherecmUisinnshave
occurred atsignalized and unsignaUzed intersection
' crossings, and atmid-block crossings

CITY OF YUCAIPA
Alk
KOA has worked with the countermeasures for each facility type. We will describe the potential countermeasures and coordinate with the City to identify the most productive countermeasures. KOA will obtain signal timing plans,
as -built plans or other information, For the other
countermeasure groups, the data that we will collect will provide sufficient information.

The conclusion ofthis effort will bea prioritized list of (ENFORCEMENT, EDUCATION,

EMERGENCY RESPONSE) PROGRAMS
The LRSP will improve transportation safety with more than just "engineering". Coordinating with stakeholders, KOA will propose programs related to other transportation "E"s including education, encouragement, enforcement, and
emergency services. We will begin by identifying safety emphasis areas. Stakeholders often provide key input in this area, Our Team will prepare a matrix to summarize the funding sources for implementing the proposed safety
campaigns and programs.

For example, the K%]ATeam will develop education and
encouragement strategies to raise transportation safety awareness among different transportation users (students, seniors, and working adults). Here are some example
programs and campaigns to promote safety among certain
groups of roadway users:
~ bike trains,
safe routes to school walk to school day
~education
^ Motorists: safety handbook, incorporating safety
tips into traffic school curriculum
Task 4 Deliverables
Atechnical memorandum toinclude:
^ Safety mitigation countermeasures description
^ Draft prioritization methodology
~ Prioritized list o/safety projects and
methodology
^ Detailed summary ofprioritized safety projects
` Cost estimates, mapping, and cost/benefit ratio
ofproposed safety improvements
427

TASK 5: IMPLEMENTATION PROGRAM
Using the HSIP analysis process, KOA will develop a
complete list of safety projects for the City to consider.

Some of the projects will likely have strong benefit -cost ratios and be strong applications for HSIP and SS4A
funding. Other projects may be lower cost, that may
not be projects in which HSIP funding is the best. KOA
will prepare a project list providing: (1) Project location and boundary; (2) Applied safety countermeasures; (3)
Description of the proposed improvements; (4) Estimated cost; (5) Projected collision reduction benefits; and (6) Benefit -Cost Ratio. KOA engineers will conduct a planning - level cost estimation for each safety project. KOA will prepare a strategy for implementation.

KOA will provide a list of funding sources for engineering, education, enforcement and emergency services. Many
cities are using Office of Traffic Safety (OTS) grants to fund education and enforcement. Current programs will be
reviewed and other OTS programs identified as needed.

Chapman Heights Elementary School
A I A
The methodology, findings, and proposed
recommendations from previous tasks will be incorporated into the Draft LRSP and submitted to the City for review.

KOA will review the Draft LRSP with the City's project
manager and City staff. The comments from City staff will be incorporated into the Final LRSR KOA will work with the City to develop the LRSP into a living document which can be updated as needed to reflect changing local needs and priorities.

Deliverables
• Preliminary LRSP (60% Complete)
• Draft LRSP (85% Complete), and
• Final LRSP (signed and stamped)
The Final LRSP shall be signed and stamped by a registered Civil and/or Traffic Engineer in the State of California and include supporting documentation.

FILES AND DATA
KOA will provide files of the collision data, calculation files and GIS files for City use. KOA will provide meeting minutes and other correspondence.

KOA will develop a standard procedure to follow
for modifications to the plan in the future. This will
include how to update collision data and to identify
°.LOCAL`ROADWAY SAFETY PLAN (LRSP).

CITY OF YUCAIPA
428

I IM

PROAE,(,J UE
As requested, the project will be completed in four months (120 days) from the notice to proceed. We will allocate sufficient resources in order to meet the City's schedule. This schedule can be adapted based on discussions with the City staff, if needed.
�'s Work
Review
RM011010 9 IlreTini Offie-n-, 8

CITY OF YUCAIPA
429

N
Mr. Ali Shahzad, PE, TE is our Project Manager, will ensure that the project has been completed to meet all Caltrans and established engineering standards. He will ensure project costs are effectively controlled with a thorough review of the schedule at the start of the project and close management of staff hours allocated to each task. Ali is a former city traffic engineer, and understands the City perspective, Mr. Clyde Prem, PTP will be the Deputy Project Manager, Clyde is a planner, and an expert at data analysis, public input, safety project evaluation and report preparation.. He will oversee the day-to-day LRSP plan development and will communicate frequently with the City throughout the project. We also bring traffic engineering specialists to evaluate the best countermeasure and safety projects that would be available.

This will be led by Mr. Walter Okitsu, PE, TE, PTOE, PTP has been designated as the Principal for this contract, Mr. Charlie Schwinger, PE, PTOE and Shirjeel Muhammed, MS, PE; our director of ITS/Traffic. Resumes are provided as an attachment.

Walter Okitsu, PE, PTOE,
PTP,RSP21
Eric Tsay
Tosk Leader
Ali Shahzad, TE
Clyde Prem, PTP
Deputy Project Pltooagef
Charlie Schwinger, PE
Task Leader
Shiifeel Muhamrned
CooceptslCost Estimates
Clyde Prem, PTP
Task Leader
Frank Barrera, RSPI
Report Preparation
MANAC l
Michael Nilsson, AICP CTP
Eric Tsay
Task Leader
I..PLAN.14LN�e.WEN�-G�]'REEMN,G,-,-,'SERV,ICESL- ztB'P1,R1EP RUCK ETY

CITY OF YUCAIPA
430

(LRSP)

UPLAND, CA
KOA demonstrated strong familiarity with State and federal safety procedures preparing a LRSP using a data -driven strategic approach consistent with the state's Strategic Highway Safety Plan (SHSP). KOA worked closely with the City, Caltrans, and stakeholders to identify needs, issues and to determine the best projects in which to seek funding. The LRSP report addresses the 4E's of traffic safety: Engineering, Enforcement, Education, and Emergency Services. In Upland, many of the collisions were at intersections. Recommended countermeasures were upgrades to signal system hardware, signal operation and improvements at high collision unsignalized locations. We prepared project cost estimates, evaluated project benefits using the HSIP analyzer and prioritized projects based on benefit -cost ratios and community input.

Reference: Alan French, Principal Engineer, (909) 931-4235, afrench@ ci.upland.ca.us
Niffiff-012111111144110 11

ENCINITAS, CA
This LRSP addressed the concerns from City of Encinitas to address fatal and serious injury collisions. Unique part of this project included addressing collision issues within this diverse city, with coastal areas and issues, a suburban section and a rural -type area. KOA identified key area factors that contribute to collisions in each area type, This project was completed with input from key stakeholders who provided input on the project mission and goals, key safety issues and non -engineering strategies and countermeasures.

A report was prepared per Caltrans LRSP guidelines and the Caltrans Local Roadway Safety Manual (LRSM). The LRSP includes these items-, • Crash data source and analysis techniques
• Crash data analysis results and highest occurring crash types • Corridor and intersection analysis and safety countermeasures • Cost estimates of recommended improvements
• Prioritization of projects based on cost -benefit ratio Strategies for safety project implementation
Reference- Abe Bandegan, Traffic Engineer, (760) 633-2705, abanleg an@ encinitasca.gov
Uwa 10

CITY OF YUCAIPA
431

CITY OF FONTANA SYSTEMIC SAFETY ANALYSIS
REPORT jr

FONTANA,CA
KOA was the lead consultant for the City of Fontana's SSAR, A citywide -turn phasing for all of
inventory for crosswalksi arrow markings, and left
the signalized locations was compiled. Five years of SWITRS data were used to identify major collision types/patterns within the City. KOA worked with RoadSafe GIS, a Berkeley -based collision data analysis tool developer, to create a powerful and flexible GIS-based collision analysis application for the City. KOA conducted a citywide evaluation of the installation of rectangular rapid flashing beacons (RRFB) and flashing yellow arrows KOA also evaluated a few options for installing medians or Va ey Boulevard to reduce head-on collisions. KOA proposed countermeasures for intersections and roadway segments with high frequencies of collisions, developed safety project conceptual designs, and calculated the benefit/ cost (b/c) ratio.

Reference: Dave Teater, Associate Engineer, (909) 350-6775, dteater@ fontana.org

REPORT (SSAR)

PICO RIVERA, CA
KOA completed a Systemic Safety Analysis Report (SSAR) to identify and prioritize future safety projects for the City of Pico Rivera. The project focuses on four major arterials within the City- Slauson Avenue, Whittier Boulevard, Paramount Boulevard, and Passons Boulevard. Five years (2013-2017) of the SWITRS data and local police reports of severe and fatal collisions were utilized to identify safety issues along the four roadways.

Dashboards powered by Tableau were created to assist with the collision analysis. The focused study area included distracted driving, speeding, aggressive driving, roadway departure, head-on collisions, and collisions that involved pedestrians.

Reference: Kenner Guerrero, Assistant Engineer, (562) 801-4351, [email protected]
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CITY OF YUCAIPA
432

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NgLDOMAR,CA
� that we then
^ developed into a Local Roadway Safety Plan for the City of Wildomar, KOA analyzed the Crossroads collision data from the past five years to identify major collision
� —types, patterns and high -collision'
' intersections d roadway segmentswithin the City. All the intersections and roadway segments within the City were ranked by collision frequency, crash rate and EPDC) scores. Collision diagrams for high -risk intersdctions �and roadway segments were prepared and a roadway safety audit was /
. conducted __ identify _transportation `safety issues, '_ enhancement countermeasures, developing a list of safety projects and estimating the project cost. A list of recommended safety projects with competitive benefit -to -cost ratios were identified for HSIP Cycle 10 applications. The SSAR met all Caltrans requirements.

Reference- Warren Reoke, PE, Capital Projects Manager, (951) 677-7751,

REPORT (SSAR)
EL MONTEj CA
KOA analyzed collision data from the past five years to identify major s atterns and hiqh-collision fre uenil and rate intersectiol the traffic operation deficiency and prioritize upgrades.

Reference: Jimmy Chung, Interim City Engineer, (626) 580-2056, jchung@

CITY OF YUCAIPA
433

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CITY OF ...
434

T
ALI SNAHZ.AD, PE

PROJECT MANAGER I SENIOR ENGINEER
Ali Shahzad brings 25 years of experience with a strong working knowledge of traffic and civil engineering, specializing in traffic signal system design and principles, signal operations, Intelligent Transportation Systems (ITS), and construction inspection. Ali will provide overall project management, and will directly direct the engineering aspects of the project. As a former city engineer, Ali understands the specific safety and roadway issues and project opportunities. Ali also is the design engineer on a number of HSIP funded safety projects, bringing recent and specific experience -to countermeasure evaluation and project development. He will also seal the final LRSP plan.

RELEVANT EXPERIENCE
. City of Encinitas Local Roadway
. City of Poway Local Roadway Safety Plan Preparation
. City of Redlands Local Roadway Safety Plan
. City of s l • Local Roadway
. City of Lake Elsinore HSIP Grant project engineering
. City of Eastvalle HSIP grant development and engineering . City of Palm Desert, Hwy 111 Traffic Signal Coordination . City of Palm Desert, developing a Neighborhood Traffic Calming Program

CLYDE PREM, PTP

DEPUTY PROJECT MANAGER I LRSP TASK LEADER I SENIOR

PLANNER
Clyde Prem has experience in project management, and with SSAR and LRSP projects. He has coordinated these projects, leading collision analyses and countermeasure evaluations. He has prepared numerous HSIP grant applications. Clyde also leads active transportation projects, the study of mobility hubs, low speed electric vehicle networks; complete streets analysis, bicycle and pedestrian planning, and transit planning. For this project, Clyde will provide project coordination for the data analysis, lead stakeholder coordination, and toolbox development. Clyde will also oversee the development of the final LRSP report.
• City of Upland Local Roadway Safety Plan
• City of Redlands Local Roadway Safety Plan
® City of Encinitas Local Roadway Safety Plan
• City of Santee Local Roadway Safety Plan
® City ofTwentynine Palms Local Roadway Safety Plan
' City of San Bernardino Systemic Safety Analysis Report City of Desert Hot Springs Palm Drive Systemic Safety Analysis Report • City of Poway Local Roadway Safety Plan Preparation
City of Vista Safe Routes To School Master Plan
City of Palm Desert Neighborhood Traffic Management Plan CITY OF i s4

EDUCATION
BS, Civil Engineering, San Diego
State University, San Diego

REGISTRATIONS
Professional Engineer (PE),
Traffic, CA #2295 _

EDUCATION
MS, Urban Planning &
Transportation, University of Illinois
at Urbana -Champaign, Champaign
BS, Economics, University of Iowa,
Iowa City

CERTIFICATIONS
ITE Certified Professional
Transportation Planner (PTP)
435

,WALTER [)KITS| PE pTOEpTpRSP2j
PRINCIPAL -IN -CHARGE | PRINCIPAL
VVaker(]kitsu has extensive experience in transportation planningand traffic design over awide variety of]highway, bikeway
Walter has served as President of the Western District of ITE, is a lecturer | atUCLA College ofEngineering, and |sonthe California Legislative Council ofProfessional Engineers. Walter will provide expertise tndevelop SSAR � andLRSP project recommendations. Heisanindustry leader insafety � project evaluation. His other experience includes designs for traffic signals, � street lighting, signing & striping, woksitetrafficcontnoiHehasfie|d and managerial experience ontraffic impact, feasibility analysis, and circulation �projects.

RELEVANT EXPERIENCE
� ~ City of Redlands Local Roadway Safety Plan ~ City ofEncinitas Local Roadway Safety Plan ° City of Pomona Local Roadway Safety ° City orAzusa Local Roadway Safety
` ~ City of Thousand Oaks Local Roadway Safety on
. ° City of Twentynine Palms Local Roadway Safety Plan
. City ofHighland Local Roadway Safety Plan
` ~ City ofPico Rivera Systemic Safety Analysis Report
° City ofSouth Pasadena Citywide SignageInventory and Systemic Safety Analysis
" City of San Bernardino Systemic Safety Analysis Report ^ City ofFontana Systemic Safety Analysis Report
~ City ofVN|domarSystemic Safety Analysis Report
` MhCHAE[NILA[CP(_TP
QA/QC MANAGER iDIRECTOR {}FMOBILITY PLANNING
'Michael Nilsson is the Director of MobilityKl]A` with over 20 years of experience working in both private consulting and for public agencies. He has guided a diverse array of projects, including transportation safety plans, active transportation plans, SIRTS plans, and complete/green � street projects. Michael ~ ~.~`_~,, the implementation _ hundreds _miles of street improvements and secured over $32million dollars ingrant funding to improve roadway safety. Michael is an excellent report writer and will provide QA/QC review.

RELEVANT EXPERIENCE
~ (]tyofHundn=BeachLp |RoadwmySafetyPUan
� _. _
i ° City ofRedlands Local Roadway Safety Plan
' ~ City of]urupaValley HBPGrant Application
~ City ofGlendale 5 i b1U Grant Applications
~ City VfVVi|dvnnar Mobility Plan*
�
/ ~ City ofGlendaleSafe andHealthy StreetsP|ao°
• City of Lake Elsinore ATP*
~ Tesoro Del Valle Mobility and Safety Program
~ City cfAxena{AT9and SR[5Plan*

EDUCATION
MS, Transportation Engineering,
University of California, Berkeley
BS, Civil Engineering, California
State University, Los Angeles
BS, Math -Computer Science,
University of California, Los Angeles

REGISTRATIONS
Professional Engineer (PE),
Civil, CA #52655 1 Traffic, CA #1406
Professional Traffic Operations
Engineer (PTOE)
Professional Transportation Planner
(PTP)
Road Safety Professional, Level 2
(infrastructure) (RSP21)

EDUCATION
BS, Urban & Regional Planning,
California State Polytechnic
University, Pomona

CERTIFICATIONS
American Institute ofCertified
Planners # 9327
A|CPCertified Transportation
p|aoner(CTP)
*Previous work experience
t IN
436

pA p
R"

ERIC TSAY

COLLISION DATA ANALYSIS TASK LEADER I SENIOR ASSOCIATE

PLANNER
Eric Tsay has seven years of transportation experience. Eric is well -versed with use of excel programing, Tableau, SWITIRS, GIS, and design tools such as SketchUp 3D and AutoCad. His experience includes data analysis, socio- economic analysis, GIS, developing graphics for LRSPs, active transportation planning, bikeway master plans, trails master plans, safe routes to school plans.

RELEVANT EXPERIENCE
• City of Redlands Local Roadway Safety Plan
. City of Upland Local Roadway Safety Plan
• City of Encinitas Local Roadway Safety Plan
• City of Santee Local Roadway Safety Plan
• City of Poway Local Roadway Safety Plan
• City of Twentynine Palms Local Roadway Safety Plan
• City of Palm Desert CV Link NEV Network Plan and Design • City of Vista Safe Routes to School
• City of Vista Congestion Management Plan
• City of Indio Multi -Modal Hub Feasibility Study

CHARLIE SCHWINGER, PE
ENGINEERING SAFETY COUNTERMEASURES it PROJECTS AND

CONCEPTS/COST ESTIMATES I SENIOR ENGINEER
Charlie has served as the lead engineer on many of KOA!s key LRSP projects.

His LRSP experience includes project oversight, project coordination, developing engineering cost estimates, and evaluating countermeasures. He brings overall transportation experience in signal design; roadway design, street lighting design; signing and marking design; traffic control plans; accident analysis; traffic impact studies; capacity analysis; parking studies; and traffic circulation studies.

RELEVANT EXPERIENCE
• City of Encinitas Local Roadway Safety Plan
• City of Santee Local Roadway Safety Plan
• City of Pico Rivera Systemic Safety Analysis Report
• City of Desert Hot Springs Palm Drive Systemic Safety Analysis Report • City of Twentynine Palms Local Roadway Safety Plan
• City of Poway Local Roadway Safety Plan Preparation
• City of Redlands Local Roadway Safety Plan
• Los Angeles County Public Works Department Road Safety Audit _Z9

CITY OF YUCAIPA

EDUCATION
Graduate, Professional Certificate,
Geographic Information Science
and Technology (GIST), University of
Southern California, Los Angeles
BA, Geography, Urban and Regional
Planning Minor, University of
California, Los Angeles

EDUCATION
BS, Civil Engineering, Iowa State
University, Ames

REGISTRATIONS
Professional Engineer (PE),
Civil, CA #82908
Professional Engineer (PE),
Traffic, CA #2815
437

FRANK BARRERA, RSPI

COLLISION DATA ANALYSIS SUPPORTI LRSP REPORT PREPARATION

SUPPORT I SENIOR PLANNER
Frank Barrera has 17 years of experience in the transportation planning and engineering field. He specializes in transportation planning,'traffic engineering, data analysis, and feasibility studies, including Local Road Safety Plans, Safe Routes to School (SRTS), and Active Transportation Program (ATP) studies.

Frank has successfully managed multiple SRTS and ATP projects, various sign inventory and database management projects, and SEAR projects. He has extensive experience in traffic calming and safety improvement projects, and conducts traffic control device audits for SRTS and ATP projects.

RELEVANT EXPERIENCE
. City of Encinitas Local Roadway Safety Plan
. City of Santee Local Roadway Safety Plan
• City of Twentynine Palms Local Road Safety Plan
• City of Highland Local Roadway Safety Plan
. City of Colton Local Roadway Safety Plan
• City of San Bernardino Systemic Safety Analysis Report . City of Victorville Local Roadway Safety Plan
. City of Wildomar Systemic Safety Analysis Report
• City of Fontana Systemic Systemic Safety Analysis Report • City of South Pasadena Citywide Signage Inventory and Systemic Safety Analysis Report
I MOM.05 , W-9F.

CITY OF YUCAIPA

EDUCATION
MSCE, Transportation Engineering,
California State Polytechnic
University, Pomona
BS, Urban & Regional Planning,
California State Polytechnic
University, Pomona

CERTIFICATIONS
Transportation Professional
Certification Board (TPCB) Road
Safety Professional 1 (RSP1)
438

CITY OF YUCAIPA
439

1�71111!1
2M.'=iTST111 , Fir
1111111 Ir
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2) Consultant shall pay all required taxes • amounts paid to Consultant under this Aqreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted .•:. City by reason of the
independent contractor relationship created by this
Agreement. Consultant shall fully comply with the workers 440

compensation law regarding Consultant and Consultant's
shall indemnifv and hold Citv harmless
from any failure of Consultant to comply with applicable workers' compensation laws. City may 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
subparagraph A.2).
3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant falls to obtain such indemnity obligations, Consultant shall be fully responsible and
indemnify, hold harmless and ElefeREJ the Indemnitees from and against any and all Liabilities at law or in equity, whetheF actual, alleged 9F thFeateneel, which arise out of, r=l;4iMPd te arise eut 47 pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereo� in the performance of this Agreement, including the Inclemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Inclemnitees as determined by court
decision or by the Agreement of the Parties.

B. MjorkerE' coMpgrisation Act5 13ot LiMiting Consultant's indemnifications and obligations under this Section, or any other pri-N-W1141-1
of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C, Insgrance Requirgmerits not Limiting. City does not, and shall not, waive any rights that it may possess against City, of any insurance policy or certificate required pursuant to this Agreement. The indon shall apply
regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. SU[yiyal gf Terms Consultant's indemnifications an
obligations under this Section shall survive the expiration termination of this Agreement. 441 1

4 to
City of Yucaipa Local Roadway Safety Plan (LRSP) Preparation IN
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MONTHLY PROGRESS REPORTS

PROJECT MEETINGS
. ... me

DATA COLLECTION
'COLLISION

SELECT ENGINEERING COUNTERMEASURES
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PROCEDURES
�IJill=
IN
443

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW

REQUIREMENTS
I . This Agreement calls for services that, in whole or in part, constitute "publicworks" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter I and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in 1(a) and 1 (b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section I above.

3. Consultant shall be registered with the Department of Industrial Relations inaccordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractorceases to be registered with DIR at any time during the duration of the project, Consultantshall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subjectto compliance monitoring and enforcement by DIR. Consultant shall post job site notices,as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of perdiem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per them wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor penaulto City, 1177717$T,1111170111, Tor caun
worker paid less than the prevailing rates as determined by the DIR for the work or craft in which theworker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

C414

7. Consultant shall comply with and be bound by the provisions of Labor CodeSection 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section t776; certify and make such payroll records available for inspection as provided by Section 1776; and inforin City of the location of the records. Pursuant to Labor Code Section .1771.4, Consultant and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the LaborConimissioner.

8. Consultant shall comply with and be bound by the provisions of Labor CodeSections 1777.5, 1777.6 and 1777.7 and Caffirnia Administrative�Code__� Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a •copy of the •information submitted to any applicable apprenticeship program. Within 60 days after concluding work y&M
City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform work with any Subcontractor that has other federal or state law providing for the debarment of contractors from public works, The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or works. If the Consultantor any subcontractor becomes debarred or suspended during the duration of the projectthe Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 18 10. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant h A to C forfeit 'o,'. 25.00 for each worker emylopek� performance of this Agreement by the Consultant or by any subcontractor for each calendar day during whiclisuch worker is required or permitted to work more than I
c21.e;4,?ziz-f
of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant 1ioio i� gej ji * httfuirs-ner-d2v-",,Ii,iii,-iiia ek jW,6W",i11bd I 11-F L; 7TFrj& Jplrlf U1911IqCIINd1I;FI1 1.01MI 110 r6'TT'9T&Ut III CNUCS!5,41 CIgIIL IIULrT77eT day at not less than one and one-half timesthe is rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employerwill be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies asfollows:

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."

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor CodeSections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Consultant shall be requiredto take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review ofthe certified payroll records of the subcontractor and upon becoming aware of the failureof the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors servingin the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental toany acts or omissions listed above by any person or entity (including consultant, its subcontractors, and each of their officials, officers, employees and agents) in connectionwith any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

C-3
446