Bell Gardens City Council
January 13, 2025

responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, 58

CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR:

The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee.

CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.

CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant 59

for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article.

CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying 60

out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self- insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of 61

any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.

CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws. 62

4.4 The obligations of CONSULTANT under this Article will 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 and CITY's elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article 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. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 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. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

4.8 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT's officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to 63

subsection 4.2, above.

4.9 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT's failure to either: (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will 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 and CITY's elected and appointed officials, officers, employees, agents and authorized volunteers.

4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed ` indemnity agreements with provisions identical to those set forth here in this Article 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. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, 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. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity. 64

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 10 - day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven 65

(7) calendar days from the end of the initial 10 -day cure period; or Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section

5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be 66

compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration 67

of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or, assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
68

CONSULTANT:

INSERT CONSULTANT NAME

INSERT ADDRESS
Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE NUMBER
CITY:

City of Bell Gardens
7100 S. Garfield Avenue
Attn: INSERT DEPARTMENT
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty- eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California. 69

6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, 70

earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES T )
71

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS: CONSULTANT NAME:

By: By:

Name: Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
72

EXHIBIT "A"

CITY RFP
73

EXHIBIT "B"

CONSULTANT PROPOSAL
74

EXHIBIT "C"

FHWA REQUIRED FEDERAL PROVISIONS AND CERTIFICATIONS
75

EXHIBIT "O"

RC -DBE INSTRUCTIONS FOR METRO SUBRECIPIENT AGENCIES
76

EXHIBIT "E"

FEE SCHEDULE
77

EXHIBIT "B"

CONSULTANT PROPOSAL
22

arming and En in rin '' ' rv'ce, ,
for the Devel,opmen df'a Safe
Street's; for Il` Action Pl an,

A LOCHNER COMPANY
SECTION 1 I TRANSMITTAL LETTER...................................®..,.................................... 3 SECTION 2 I QUALIFICATIONS, EXPERIENCE, AND REFERENCES......................... 5 Firm Profile
Project Experience
References
SECTION 3 I MANAGEMENT AND STAFFING..........................................................14 Organization Chart
Resumes
SECTION 4 I APPROACH AND METHODOLOGY..................................................... 23 Project Understand & Scope of Work
Project Schedule
SECTION 5 I COST AND PRICING ..................................................

As stated in the RFP, the Fee Proposal is submitted in a separate PDF file name "FEE PROPOSAL - KOA CORPORATION".

SECTION 6 I FHWA REQUIRED FEDERAL CLAUSES AND CERTIFICATIONS ...... 40 Certification for Suspension and Debarment
Byrd Anti -Lobbying Amendment Certification
SECTION 7 I ADDITIONS OR EXCEPTIONS TO THE CITY'S RFP........................... 46 Acknowledgment of City's Standard Form of Agreement
SECTION 8 I LITIGATION.................................®..,....................................................... 49 SECTION 9 INSURANCE............................................................................................ 50 SECTION 10 I ATTACHMENT B FOR S "DSO ...®...a....aa..............a....a....a.........k.®a.......aa...

RFP Form - Bidders List Form
Local Agency Proposer RC -DBE Commitment Form
RC -DBE Information Good Faith Efforts Form
ANUENGINEERINGI!SERVICESTOR!THEFU'EVEEORNIENr:*ErKSAEETRIEETSIFOWAMNCTI.CNZ!PIEANRI '

CITY OF FELL GARDENS

DATE
November 6, 2024
Dear Mr. Iniguez,
TO
Mr. Bernardo Iniguez
Director of Public Works/
Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201

FROM AUTHORIZED

PRINCIPAL
Mr. Michael Nilsson
Principal
1100 Corporate Center Drive,
Suite 201, Monterey Park, CA
91754
(949) 636-5807
[email protected]

PROPOSED

PROJECT MANAGER
Mr. Carlos Velasquez
Principal
1100 Corporate Center Drive,
Suite 201, Monterey Park, CA
91754
(323) 945-8149
[email protected]

RFP/RFQ
Planning and Engineering
Services for the
Development of a Safe
Streets for All Action Plan
A N © NriINN Nt COMPANY
entel E», Z01, Mont Y
rNc,
323) 60'4703 I www,koacorP.com
Y PARK ORANGE QNWTANZNt SAN E
KOA Corporation (KOA) is pleased to provide the City of Bell Gardens with this proposal for professional services to prepare the Bell Gardens Safe Streets for All Action Plan. KOA understands the project's objective is to develop a plan that will improve city-wide safety, enhance connectivity and access to local destinations, and lay the groundwork for prioritized projects to construct.

KOA is excited to present a project approach that graciously blends creative mobility strategies with practical solutions that will address the project's goals. In our proposal, you will learn:
• That having prepared the City's award -winning Complete Streets Plan and its Circulation Element update, KOA's core team is intimately familiar with the City's expectations, its stakeholders, and challenges and how we will incorporate this into our project approach and scope;
• That KOA has successfully worked with a number of clients towards the successful completion and implementation of similar safety action plans, active transportation, and corridor projects;
• That the KOA team has the resources to provide complete project services from planning, through conceptual design, engineering design, to community outreach and consensus building.

As you will see in our proposal, assisting our project manager will be several Senior Planners and Engineers from within KOA, all of whom bring years of safety planning and active transportation project planning and engineering experience.

Their hands-on know-how means that the City is getting a team of experts who can complete this assignment from planning, to consensus building, and implementation.

To round out our team, we have engaged the services of The Arroyo Group (DBE) to assist with public outreach and urban visualization services. TAG has a rich history of successful project delivery and leading engagement efforts throughout Southeast LA County cities; they will bring this expertise to Bell Gardens.

CONFLICT OF INTEREST
KOA has no known conflicts of interest in any financial, business, or other relationships with the City of Bell Gardens that may have an impact on the outcome of this contract or any resulting construction project.

PROPOSAL VALIDITY
KOA's proposal, along with the associated costs, shall remain valid and binding for a period of ninety (90) days following the proposal due date.

Pa• e 291 of 547

Thank you for this opportunity to offer our services. As a firm principal, I am authorized to make representations for the firm. I, Michael Nilsson, AICP CTP, will serve as the Principal -in -Charge and Quality Assurance/Quality Control task leader for this project.
ter Dr, usf
3) 260-47031

ARK ORANG
PANY
nterey` ark, CA,'917S4
4R2 SAN $ G ►
Mr. Carlos Velasquez, AICP, LCI will serve as the Project Manager. Having grown up in nearby South Gate, he brings personal familiarity with Bell Gardens traffic and mobility issues, along with his transportation safety work for multiple jurisdictions, will provide the project with an engaged Project Manager that will ensure project delivery. He can be reached at [email protected].

I look forward to speaking with you soon regarding our proposal. I can be reached at (619) 683-2933 or via e-mail at [email protected].

Sincerely,
KOA I A Lochner Company
Michael Nilsson, AICP CTP
Principal I Director of Planning
Pa. e 292 of 547

SECTI
O +1\
ppa12.:

KUA F CATIONS EXPE
i\\,

FIRM BACKGROUND
Founded in 1987, KOA Corporation (KOA) is a leading provider in professional services in transportation engineering, mobility planning, and construction management for public agencies and private sector clients. We offer our clients technical knowledge, innovative solutions, and responsive services.

Our focus on safety for all travelers is the foundation of our professional practice. KOA engineers, planners, construction field specialists, and project managers all take pride in our well -established reputation as Transportation Safety Experts. The hallmark of our success is our dedication to each and every project and our desire to leave a legacy of extraordinary contribution to our communities. Our staff includes registered civil and traffic professional engineers, certified transportation planners, certified road safety professionals, project/construction managers, and construction inspectors. With four offices located in Southern California, KOA provides professional consulting services for some of the largest public -works and planning projects for all modes of transportation throughout California.

In December 2022, KOA joined Lochner, a national transportation infrastructure firm headquartered in Chicago, Illinois, providing planning, environmental, design, construction engineering and inspection, and right-of-way services for surface transportation, rail, transit, and aviation clients. Together, we have more resources and capabilities for delivering innovative solutions and enhancing the quality of life in the communities we serve.

SPECIFIC ROLE AND RELATED EXPERIENCE
554A ACTION PLANS/LOCAL ROADWAY SAFETY PLANS/SYSTEMIC

SAFETY ANALYSIS REPORTS
KOA has become an industry leader in Southern California with Caltran's transportation safety programs - SSAR, LRSP, and SS4A Action Plans. These programs take a systemic and proactive approach to address citywide transportation safety issues. A LRSP creates a framework to systematically identify and analyze safety problems, focusing on the 4 "Es" of transportation safety - Engineering, Enforcement, Education, and Emergency Medical Services (EMS), as well as a fifth "E", Emerging Technologies, which is gradually becoming a more commonly seen component of local agencies' LRSP core framework. The SS4A Action Plan also integrates equity and community engagement in the development of safety improvements to develop improvement projects that address safety issues in areas of most need.

The success of our SSAR, LRSP, and SS4A Action Plan projects stems from our multidisciplinary approach and collaboration amongst our team of skilled planners and engineers. Our outreach team utilizes community workshops, online tools, and boots on the ground approaches to ensure all the voices are heard regarding transportation safety issues. KOA's knowledgeable, in-house GIS team conducts a data -driven, quantitative analysis to identify prominent collision patterns and transportation safety emphasis areas.

Our team of experienced engineers can lead roadway safety audits, select countermeasures, and develop constructible conceptual designs.

The relevant experience, work history, training, education, and special certifications of KOA's personnel are detailed in their resumes, which can be found on pages 15-22.

A LOCHNER COMPANY

TYPES OF SERVICES
Transportation Engineering
Highway & Roadway Design
Signals, Signing & Striping, Traffic
Control Plans
Traffic Operations & ITS
Mobility Planning (Multimodal)
Complete Streets Planning &
Design
Active Transportation (Ped & Bike,
SRTS, First Mile/Last Mile)
Grant Writing & Management
Assessment of Transportation
Impacts
Safety Implementation (HSIP,
ADA, LRSP, SSARP, & SS4A)
Construction Management &
Inspection

YEAR FOUNDED
1987

FORM OF THE

ORGANIZATION
C Corporation

PROJECT OFFICE

LOCATION
1100 Corporate Center Drive,
Suite 201
Monterey Park, CA 91754

MAIN CONTACT
Carlos Velasquez, AICP
Project Manager
(323) 945-8149
[email protected]
? UAi N1 D`v f ,\BERINGZ EWJO ;` c. , `T >D +V O M ;NT`; P A,;, ' , T . T + "'A .!t TI "PA` ' CITY OF BELL 6raa' 1MENS

\A 1
kATIONS

SUBCONSULTANT THE ARROYO GROUP FIRM BACKGROUND
The Arroyo Group is a 48 -year -old planning and urban design firm that creates urban communities that build on the unique physical attributes of a place and the values and needs of its residents, leading to real revitalization and positive social impact. Throughout our body of work:
• We foster and sustain a sense of place.
• We plan and design vital environments.
• We accelerate the development of affordable and mixed -income housing.

The Arroyo Group is a DBE and SBE.

SPECIFIC ROLE AND RELATED EXPERIENCE
We have extensive experience preparing plans for safer streets for walking and biking in the Gateway Cities area. The Arroyo Group has recently prepared Specific Plans which include complete streets concepts and/or schematic designs in Bell, Norwalk, South Gate, Compton and Willowbrook. All of these projects have included extensive community engagement efforts, so that we start the SS4A project from a base of understanding about key issues affecting the Gateway Cities/Southeast LA Cities area, including overcrowding of housing stock, high parking demand, and lack of open space Principal Philip Burns and two other staff assigned to the project are bilingual in Spanish and English. Philip has led community meetings in Spanish in Bell, Norwalk and South Gate, as well as abroad in Latin America.

A LOCHNER COMPANY

TYPES OF SERVICES
Urban Planning
Community engagement and
Public Participation
Housing Policy
Zoning
Active Transportation

YEAR FOUNDED
1977

FORM OF THE

ORGANIZATION
S Corporation

PROJECT OFFICE

LOCATION
40 E Colorado Blvd Ste E,
Pasadena, CA 91105

MAIN CONTACT
Philip Burns, AICP
Principal
(323) 382-2402
[email protected]

THE ARROYO GROUP
NN1 ?,AND EN fREERI G;

CITY OF BELL GARDENS

i
U\A,L \F
Rt \
rr o ry r `i , tti
CITY OF :ULLERTON SAFE STREETS FOR ALL

ACTION PLAN

FUI L REON, CA
KOA
KOA is assisting the City in developing a Safe Streets for All Action Plan to update its adopted Local Roadway Safety Plan (LRSP) and ensure compliance with the federal Safe Streets for All (SS4A) funding program.

The goal of this effort is to ensure that the proposed safety treatments outlined in this and other safety plans will allow the City to be eligible for funding and implementation. KOA is leading all aspects of the project, including a robust safety analysis to identify collision patterns, hot spots, and main problem areas. KOA is also leading engagement efforts to inform the community of the project and gain their input on issues and proposed treatments.

RIVERSIDE COUNTY SAFE STREETS FOR ALL

ACTION PLAN
- '': 0/ E R H 11D E, CA
KOA
KOA will prepare a Safe Streets and Roads for All Action Plan focusing on unincorporated communities of Riverside County. The County of Riverside encompasses approximately 7,303 square miles and consists of distinct regions, including the Coachella Valley, French Valley, Blythe, Riverside, and surrounding urban and rural areas. The unincorporated areas of the county consist mainly of rural, suburban, and agricultural land uses, compared to the more densely developed cities in the region. The SAP seeks to enhance safety, regional connectivity, and identify and prioritize future safety infrastructure improvements.

KOA is working closely with County of Riverside staff to identify hot spots, areas of highest need, and blend a comprehensive equity analysis to identify areas of most priority.

Additionally, KOA staff is leading engagement effort county -wide. This involves working with diverse communities and those of highest socio- economic and safety need. The goal is to prepare a Safety Action Plan that is implementable and addresses the areas of highest concern.

A LOCHNER COMPANY
'NN1N ND`v r\ NERIN \IEW)0 ;` c. , `TT DE O MENT`; " ,` „r ' ; r\T . T r .rt TI " "PAIN CITY OF BELL 6r IVMENS

KA

A LOCHNER COMPANY

CITY OF BELL GARDENS CITYWIDE COMPLETE STREETS

BELL, (JADE'S, CA
KOA
KOA finalized work on the City's award -winning Citywide Complete Streets Plan. For this project, KOA worked closely with City staff to develop a tailored community outreach plan that was inclusive of all the city's residents. Using input acquired from the public outreach events and collected by staff, KOA developed a complete streets plan for the major street typologies in the City. This included recommendations for addressing traffic safety, vehicle/pedestrian conflicts, and recommendations to accommodate all modes of transportation.

Furthermore, KOA also recommended and designed a Low Stress Network for local/residential streets. The network includes traffic calming elements to improve safety and encourage more bicycle and pedestrian usage of these streets. A unique feature within this Plan is KOA's nuanced approach to setting it up for implementation. KOA did this by 'packaging' each street and its recommended treatments as an individual project. KOA then prepared cost estimates for each mini -project and ranked them based on a set of tailored criteria. Thanks to KOA's efforts, the City was awarded $7 -million in construction funds through ATP Cycle 5. The project was the recipient of the American Planning Association - Los Angeles Chapter's Transportation Planning Award of Merit.

CITY OF COMMERCE BICYCLE AND PED

MASTER PLAN
C. ..

KOA

ESTRIAN
KOA prepared the City's first bicycle and pedestrian master plan. KOA was responsible for public outreach, data collection/analysis, network development, project prioritization, cost estimates, and final plan production. As a part of the process, KOA crafted an engagement action plan for the City's residents, the local industrial council, and major goods movement stakeholders. A key aspect of the plan was connecting the City's disparate neighborhoods to each other and to destinations outside of the city. KOA did this by balancing the city's active transportation needs with its goods movement infrastructure, traffic, and business needs. KOA prepared comprehensive cost estimates that considered design and construction -level costs, environmental approvals, and contingencies.

Based on the Plan's recommendations, the City was awarded a Sustainable Transportation Equity (STEP) grant in 2020 to implement bicycle infrastructure.

CITY OF BELL GARDENS

KA

A LOCHNER COMPANY

CITY OF MAYWOOD ACTIVE TRANSPORTATION PLAN

IMAYWOOD, CA
KOA
KOA provided the City of Maywood with Active Transportation Planning, Public Engagement, and Engineering services. In this project, KOA conducted a comprehensive assessment of roadway conditions for pedestrians and people on bicycles. Based on the quantitative analyses and input received through community engagement efforts, KOA developed active transportation network recommendations that sought to: 1. Create new facilities that will connect destinations within and outside of the city, 2. Eliminate barriers faced by people walking and bicycling,

3. Develop innovative networks to position the City for implementation.

For this project, the KOA team also led community workshops, developed branding elements, and prepared surveys that were used to gain community input. Furthermore, the team conducted pop-up events that engaged residents in locations that were convenient to them.

CITY OF COMMERCE SAFE STREETS FOR ALL

ACTION PLAN AND LRSP UPDATE

COMMFRCE, CA
KOA
The City of Commerce retained KOA to develop a Local Roadway Safety Plan (LRSP) and subsequently update it to make it SS4A compliant. In addition to conducting the necessary collision analysis to prepare the LRSP, KOA also worked with the City to meet the latest guidelines per the SS4A grant program. This involved acquiring a commitment from City Council to prioritize transportation safety, conducting additional community engagement, and reorganizing previously -approved LRSP projects to make them consistent with SS4A requirements.

As part of these efforts, KOA ultimately delivered two documents to the City: 1. The completed LRSP, 2. The LRSP-compliant SS4A Action Plan.

CITY OF BELL GARDENS

i
U\A,L F
RRRR� \
i
r �sr y r `< �,..1i

CITY OF PASADENA LOCAL ROADWAY SAFETY

PLAN (LRSP)

PASADENA, CA
KOA
The City of Pasadena retained KOA to develop a Local Roadway Safety Plan (LRSP). The project took a systematic and proactive approach to address citywide transportation safety and identify the emphasis of improvements.

Based on the most recent five years of available collision data from the RoadSafe GIS collision database, KOA identified high -priority safety needs and a list of safety improvement projects that would provide the most substantial benefit/cost ratio results. The safety measures also included the non -engineering solutions related to the 4 E's of safety (engineering, education, enforcement, and emergency medical services). KOA also met with the stakeholders for their input on transportation safety.

As part of the approval process, KOA co -presented with Transportation Department staff to the Transportation Advisory Commission on the methodology, proposed projects, and next steps.

CITY OF BELL GARDENS CIRCULATION &

TRANSPORTATION ELEMENT UPDATE

BELL GARDENS, CA
KOA
KOA was retained by the City of Bell Gardens to prepare their circulation element update. The project entails re -envisioning the City's transportation network to ensure that the City is positioned for California's Vehicle Miles Traveled (VMT) policy and is more conducive to non -motorized transportation facilities. The Circulation Element update will be incorporated into the City's overall General Plan and will seek to guide the City's transportation policy over the next three decades.

For this project, KOA staff analyzed the existing transportation network to determine street usage, volumes, and origin -destination pairs. KOA also modeled existing and anticipated build -out VMT numbers. As part of the study, KOA recommended updated parking and transportation demand management policies, and recommended any streets to be reclassified based on their existing volumes and anticipated usage. Additionally, an assessment of micromobility strategies and microtransit is also included.

The study will ensure that the City remains forward -thinking when it comes to transportation planning and policy.

A LOCHNER COMPANY
ND`v r\ I ERIN \EWJO ;` c. , `T DE O MENT`; " ,` „r ' ; r\T . T r R .rt TI " "PA` r

CITY OF BELL GARDENS

i
` \ 1. \ 1 111
U\A,L \F R1 \
�l , ry `if, tti �\At„t e \A,�,.,!gi! 1\ \,4 l..#REt t,l\\�i vii (l,\y\\l"

NEW CITY OF BELL DISTRICT SPECIFIC PLAN
BI LL,
Subconsultant -- The Arroyo Group
The Arroyo Group is leading a multidisciplinary team to develop the New Bell District Specific Plan and Bell Cheli Specific Plan. The New Bell District Specific Plan encompasses the Atlantic Avenue Corridor, which runs north to south, directly through what can be considered the heart of the City of Bell. This one -mile stretch along Atlantic Avenue is one of Bell's main business and commercial corridors, providing residents and local businesses access to important goods and services in addition to bringing revenue into the local economy. The Specific Plan will recommend appropriate zoning and development guidelines to permit and guide future commercial and mixed -use (commercial and residential) developments along the Atlantic Avenue Corridor. The Specific Plan aims to develop a shopper- and pedestrian -friendly Corridor with infrastructure improvements and safer and more enjoyable experiences.

The project has also included master planning services for three major City -owned sites: two at the 100% corner of Atlantic and Gage Avenues, which are envisioned for retail and mixed uses, and the Civic Center area, which includes historic buildings, aging public facilities, and underutilized park facilities.

METRO FOOTHILL GOLD LINE EXTENSION PHASE
2B FIRST/LAST MILE PLAN

OS ANGELES, CA
Subconsultant - The Arroyo Group
The Arroyo Group led a team to prepare a First/Last Mile Plan for five new Metro Gold Line station areas in the eastern San Gabriel Valley. The Plan seeks to improve access to the future stations for pedestrians, cyclists and those arriving by other modes by capitalizing on the unique character and built environment of each city, including their intimate, historic downtown districts. The process was been executed in twelve months in accordance with the planning methodology prescribed in the Metro First/ Last Mile Strategic Plan, including data analysis, walk audits, the definition of pathways and initial project ideas, community engagement, refinement and prioritization. In addition, The Arroyo Group led frequent coordination meetings with Metro and staff of the five cities, leading to buy -in from the cities in the Metro -directed plan.

Community engagement for the plan was broad -based, reaching over 1,500 people through thirty events including community walk audits, pop-up events, focus groups, public workshops and presentations to City Commissions and Councils. Pathway and project type decisions were reviewed and modified through discussion and debate, leading to a community -driven plan in which traceable comments support nearly every FLM project identified.

A LOCHNER COMPANY
'NN1N D`v ,\ NER G; \IEW)O ;` c. , `TT DE O MENT`; " ,` ,;, ' ; \T . T t .\t TI " "PA` \ CITY OF BELL 6GA DENS

SECTI
F1CAT N

SONOMA COUNTY TRANSPORTATION AUTHORITY
Margot Ocanas, Senior Transportation Planner (Previously with LADOT) 411 King Street, Santa Rosa, CA 95404
(707) 565-5374, [email protected]

A LOCHNER COMPANY
KOA provided engineering services for the award winning City of Los Angeles Department of Transportation (LADOT) Safe Routes To School (SRTS) Project. The engineering services included preparation of plans, specifications, and quantity estimates for the design of CRALA funded improvements at Charles White Elementary School, Esperanza Elementary School, and Magnolia Avenue Elementary School. Improvements included curb extensions, storm drain modifications, raised crosswalk, one-way street designs, median improvements, new traffic signal, and rectangular rapid flashing beacons.

KOA worked with LADOT to implement a rapid implementation/Quick Build project on Shatto Place, between Wilshire Boulevard and 6th Street, in the Koreatown neighborhood of Los Angeles. The project led to the implementation of curb extensions, median railing, parklets, and other elements. KOA also worked with the school community to conduct community engagement activities and involve students into the quick build planning and implementation process, including artful curb extensions and asphalt art.

DURATION: 11/2019 - 02/2024 ( STAFF: Carlos Velasquez, AICP (Project Manager), Giuseppe Canzonieri, PE (Project Manager), Walter Okitsu, PE, PTOE, PTP, RSP2I, David Mariscal, Raquel Jimenez

CITY OF IHUNTINGTOIN BEACH
Chau Vu, Director of Public Works (Previously with the City of Bell Gardens) 2000 Main Street, Huntington Beach, CA 92648
(714) 374-5345, [email protected]
KOA finalized work on the City's award -winning Citywide Complete Streets Plan. For this project, KOA worked closely with City staff to develop a tailored community outreach plan that was inclusive of all the city's residents. Using input acquired from the public outreach events and collected by staff, KOA developed a complete streets plan for the major street typologies in the City. This included recommendations for addressing traffic safety, vehicle/pedestrian conflicts, and recommendations to accommodate all modes of transportation. Furthermore, KOA also recommended and designed a Low Stress Network for local/residential streets. The network includes traffic calming elements to improve safety and encourage more bicycle and pedestrian usage of these streets. A unique feature within this Plan is KOA's nuanced approach to setting it up for implementation. KOA did this by 'packaging' each street and its recommended treatments as an individual project.

KOA then prepared cost estimates for each mini -project and ranked them based on a set of tailored criteria.

DURATION: 02/2018 - 04/2020
RSP2I
STAFF: Carlos Velasquez, AICP, Giuseppe Canzonieri, PE, Walter Okitsu, PE, PTOE, PTP, `v GINEER( :G S "WWII 1 'SV `TT D'E a , M,ENT"`; "F,` ;;,5 ' " `:T . S EOWAI A TI ZP AN 12 CITY OF BELL GA€;DENS

SECTI
F1CAT N

CITY OF FULLERTON
Stephen Bise, PE, Director of Public Works
303 W. Commonwealth Avenue, Fullerton, CA 92832
(714) 738-6852, [email protected]

A LOCHNER COMPANY
KOA is assisting the City in developing a Safe Streets for All Action Plan to update its adopted Local Roadway Safety Plan (LRSP) and ensure compliance with the federal Safe Streets for All (SS4A) funding program. The goal of this effort is to ensure that the proposed safety treatments outlined in this and other safety plans will allow the City to be eligible for funding and implementation. KOA is leading all aspects of the project, including a robust safety analysis to identify collision patterns, hot spots, and main problem areas. KOA is also leading engagement efforts to inform the community of the project and gain their input on issues and proposed treatments.

DURATION: 04/2024 - Ongoing
Jorgenson, AICP, Moses Hsieh
STAFF: Carlos Velasquez, AICP (Project Manager), Michael Nilsson, AICP CTP, Armin

CITY OF PASADENA DEPARTMENT OF TRANSPORTATION
Hy Lao, Associate Engineer
221 East Walnut Street, Suite 210, Pasadena, CA 91101
(626) 744-4310, [email protected]

PAJ'ADENA

DEPARTMENT OF TRANSPORTATION
The City of Pasadena retained KOA to develop a Local Roadway Safety Plan (LRSP). The project took a systematic and proactive approach to address citywide transportation safety and identify the emphasis of improvements. Based on the most recent five years of available collision data from the RoadSafe GIS collision database, KOA identified high -priority safety needs and a list of safety improvement projects that would provide the most substantial benefit/cost ratio results.

The safety measures also included the non -engineering solutions related to the 4 E's of safety (engineering, education, enforcement, and emergency medical services). KOA also met with the stakeholders for their input on transportation safety. As part of the approval process, KOA co -presented with Transportation Department staff to the Transportation Advisory Commission on the methodology, proposed projects, and next steps.

DURATION: 08/2021 - 08/2022 I STAFF: Carlos Velasquez, AICP (Project Manager), Michael Nilsson, AICP CTP, Giuseppe Canzonieri, PE, Walter Okitsu, PE, PTOE, PTP, RSP2I, Raquel Jimenez

CITY OF MAYWOOD
Mohammad Mostahkami PE (contract staff), City Engineer
4319 E. Slauson Avenue, Maywood, CA 90270
(909) 595-8599, [email protected]
KOA provided the City of Maywood with active transportation planning, public engagement, and engineering services.

In this project, KOA conducted a comprehensive assessment of roadway conditions for a pedestrian and bicycle network.

Based on the quantitative analyses and input received through community engagement efforts, KOA developed active transportation network recommendations that sought to: 1. Create new facilities that will connect destinations within and outside of the city, 2. Eliminate barriers faced by people walking and bicycling, 3. Develop innovative networks to position the City for implementation. The KOA team led community workshops, developed branding elements, and prepared surveys that were used to gain community input. Furthermore, the team conducted pop-up events that engaged residents in locations that were convenient to them.

DURATION: 08/2021 - 08/2022 I STAFF: Carlos Velasquez, AICP (Project Manager), Giuseppe Canzonieri, PE, Walter Okitsu, PE, PTOE, PTP, RSP2I, Hilary Mau, Raquel Jimenez, David Mariscal, Nicolette Seargeant, EIT `f `v GINEER( :G S W)0 SV `TT EFU' a , M,E'NV' ' ,`A;;,5 ' " `TR T IFOWA T) ZPA` ' CITY OF BELL (JA€;DENS

5 TIN 3 ;;MAMA ENT ANC STAFFING
KA

A LOCHNER COMPANY
The organizational chart below reflects the proposed roles and organization of the KOA staff who will be assigned to perform and/or assist with the required services and deliverables. KOA has a capacity of over 80 qualified professionals available to perform services for this effort. Our project team was organized specifically for this project based on the skill set and experience of the staff. Our staff qualifications that include their titles and the types and amounts of equivalent experience, can be found in their resumes on pages 15-22, along with our subconsultant's information.

LEGEND:
■ K0A
■ The Arroyo Group
Philip Burns, AICP*
I c`r51," L₹'r4r
Davis Mariscal*
it✓(u KSrYC r' ' llr,ilFl?JI1r.)� l
Isabella Quevedo*
1 t!e tnl L.%eI( ( / nler r
Carlos Velasquez, AIICP*
E p�O� t "6 AP$!
Hilary Mau
lii';k "'Leo('
Ragte
u`u /L,rl r`9„s ur ! ; 1ril:laf;CF
Frank Barren RSP1*
Giuseppe Canzonieri, PE
d Wright
r
* Bilingual (Spanish)
N
Michael Nilsson, AICP, CTP
NT
Armin Jorgenson, AICP
Fgo'it) , >c,r.(ul;rlica:t
Morgan Hunlen
C)rllr7rtier s (7/Id Strrr?Pgl.r.'�
{QS;,' Le(rr!
after Okitsu, PE, PTOE PTP, RSP2I
Nicolette Seargeant, EIT
C , r;l f:�frrcrcfmr,j
Moses Hseih
y, (*I /(J t 't
Raquel Jimenez*
Carlos Velasquez, AICP*
Its i..C
Michael Nilsson, AICP CTP
•
tif'Y7t7!t x�C'1.1('
CITY OF BELl GARDENS

SECTI
7 Esu
ES

CARLOS VELASQUEZ, AIC

PROJECT MANAGER PRINCRPAL
KOA
Carlos Velasquez brings over 17 years of experience working and leading numerous mobility projects throughout Southern California. He has worked on circulation elements, wayfinding inventory and signage plans, bicycle and pedestrian plans, safe routes to school countermeasure design and implementation projects, non -motorized facility design, and active transportation grant application development. At KOA, Carlos has managed projects totaling over $10 million. He has led and completed multi -year, million dollar quick build implementation projects, which have required extensive bilingual engagement, bikeway and pedestrian facility concept design and feasibility analysis, and grant application preparation —these efforts led to funding and implementation. Most recently, Carlos managed three projects that have had several proposed treatments go into implementation. For the City of Burbank, he managed an SRTS project that resulted in the construction of curb extensions at two school sites, completed within 18 months of KOA's project start. Other rapid -implementation projects include SRTS projects for LADOT and the City of Downey. Carlos understands what it takes to implement mobility projects and will bring that same level of expertise to the City of Bell Gardens.

RELEVANT EXPERIENCE
• City of Bell Gardens Complete Streets Plan
• City of Bell Gardens Circulation Element Update
• City of Fullerton Safe Streets for All Action Plan
• City of Commerce Bicycle and Pedestrian Master Plan
• City of Pasadena Local Roadway Safety Plan (LRSP)
• City of Maywood Active Transportation Plan (ATP)
• City of Pasadena Activate Allen Avenue Quick Build Implementation • City of Pasadena North Lake Avenue Traffic and Pedestrian Safety Enhancement Plan
• City of Azusa Local Road Safety Plan (LRSP)
• City of Rancho Cucamonga Local Roadway Safety Plan (LRSP) • SCAG Indio Kit of Parts Activations
• City of Commerce Local Roadway Safety Plan (LRSP)
• SCAG/City of San Marino Huntington Drive Safe Streets Corridor Plan • SCAG LADOT Wilshire Center / Koreatown Network Visioning & Quick - Build Implementation
• LADOT Safe Routes to School Plans for the Top 50 Schools with Most Need

A LOCHNER COMPANY

EDUCATION
MA, City and Regional Planning,
University of California, Berkeley,
CA
BA, Geography/Environmental
Studies and History, University of
California, Los Angeles, CA

REGISTRATIONS/

CERTIFICATIONS
American Institute of Certified
Planners (AICP), #026845
League Cycling Instructor (LCI)
#4369

PROFESSIONAL

AFFILIATIONS
American Planning Association
Urban Land Institute
Young Professionals in
Transportation
League Cycling Instructor, League
of American Bicyclists
,A` `v GI R NG"!SEW10 SV `!THEE ' a ,MEN "`; ' ,`A;;,5A ' " `\ EFTS.CFO " ,A T1ON Pt AN CITY OF BELL GA€;DENS

ES

MICHAEL NILSSON, AICP CTP

PRINCIPAL--IN--CHARGE PRINCIPAL/DIRECTOR OF PLANNING
KOA
Michael Nilsson is a Principal and the Director of Planning at KOA. With 23 years of experience, he understands how to link land use, environmental, and mobility policies to create high -quality sustainable environments. His project experience includes urban/mobility planning, policy, and outreach; CEQA/NEPA environmental review; and project funding/implementation. Working with regional and municipal government agencies, private developers, non-profit organizations, and advocacy organizations, Michael has guided a diverse array of complex, innovative projects from vision to reality, including cap parks, active transportation plans, and complete/green street projects. He has participated in the successful adoption of parking management plans, zoning ordinances, and transportation infrastructure projects — many of which have received awards from American Planning Association, American Public Works Association, Southern California Association of Governments, and Westside Urban Forum.

RELEVANT EXPERIENCE
• City of Fullerton Safe Streets for All Action Plan
• County of Riverside ATP Cycle 6 and USDOT SS4A Grant Assistance • City of Long Beach USDOT 2023 SS4A Program Grant Application for Willow Street Complete Streets Project
• Chicago Metropolitan Agency for Planning (CMAP) SS4A Countywide Safety Action Plans

GIUSEPPE CANZONIEM, PE

FINAL PLAN DEVELOPMENT TASK LEAD', PRINCIPAL/DIRECTOR OF

ENGINEERING
KOA
Giuseppe Canzonieri is a Principal and Director of Engineering with KOA. He has performed numerous projects for both public and private developments throughout Southern California. He has considerable experience working with roadway design, traffic signal design, signing & striping design, traffic control design, construction specifications and cost estimates. Giuseppe has served as project manager and project engineer on several civil and traffic engineering design projects for several Cities throughout Southern California. He is also known for his quality control capabilities and providing clients with high quality construction documents. He has significant knowledge working with multiple design platforms including AutoCAD, Civil 3D, and Microstation.

RELEVANT EXPERIENCE
• City of Commerce Bicycle and Pedestrian Master Plan
• LADOT Safe Routes to School (SRTS) PS&E
• City of Santa Monica Wilshire Safety Improvement Project • City of Claremont Foothill Boulevard Master Plan Implementation • City of Pasadena Local Roadway Safety Plan (LRSP)
• City of Maywood Active Transportation Plan
• LADOT Safe Routes to School Plans for the Top 50 Schools with Most Need

A LOCHNER COMPANY

EDUCATION
BS, Urban and Regional Planning,
California State Polytechnic
University, Pomona, CA

REGISTRATIONS/CERTIFICATIONS
American Institute of Certified
Planners (AICP), #019327
AICP Certified Transportation
Planner (CTP)

EDUCATION
BS, Civil Engineering, California
State Polytechnic University,
Pomona, CA

REGISTRATIONS/CERTIFICATIONS
Professional Engineer (PE),
Civil, CA #79006

CITY OF BELL GARDENS

rA P ;\ grANP>>` A M r`',
r \p „r\��4\1 r � k� rA1�\\\, rt,.1 'r iUr�,�a, P�
ES
WALTER OKITSU, PE, PTOE, PTP, RSP2

FINAL DEVELOPMENT PLAN - FACILITY DEVELOPMENT LEAD AND
FEASIBILITY PRINCIPAR...

KOA
Walter Okitsu, PE, PTOE, PTP is a Founder and Principal at KOA and has extensive experience in transportation planning and traffic design. He is responsible over a wide variety of highway, transit way, and bikeway projects.

This includes designs for traffic signals, street lighting, signing & striping, worksite traffic control. In this role, he collaborates with the project managers in all KOA office locations to ensure KOA delivers high quality products to our clients. He has field and managerial experience on traffic impact, feasibility analysis, and circulation projects. During his time at KOA, Walter was the inaugural awardee of the Institute of Transportation Engineers Western District Individual Achievement Award in 1998. He has served as the Past President for the Western District of Institute of Transportation Engineers in 2013. Most recently, Walter was awarded by the Institute of Transportation Engineers ITE) Western District Lifetime Achievement Award in 2023. He has been instrumental in developing and implementing KOA's QA/QC process while serving as QA/QC Manager for traffic engineering projects.

RELEVANT EXPERIENCE
• City of Commerce Bicycle and Pedestrian Master Plan
• City of Azusa Local Roadway Safety Plan (LRSP)
• City of Commerce Safe Streets for All and Local Roadway Safety Plan (LRSP) Update

DAVID MARISCAL

COMMUNITY ENGAGEMENT WORKSI COP FACILITATION PLANNER
KOA
David Mariscal is a dynamic Planner for KOA specializing in active transportation, client correspondence, and environmental policy. In this role, he is responsible for preparing technical reports; assisting project managers coordinate client correspondence and deliverables; staffing in -person canvassing events; and providing policy expertise on projects related to improving air quality. Some of David's specific work experience includes conducting the data analysis and technical writing for an Existing Conditions report for the City of Maywood's Active Transportation Plan; developing an original framework for a climate equity analysis for LADOT's Koreatown-Wilshire Center Network Visioning; and engaging in bi-lingual door-to-door business canvassing in the City of Calexico on behalf of SCAG's Local Demonstration Initiative. He also assists senior staff prepare project management plans, client presentations, and regular meeting agendas and minutes.

RELEVANT EXPERIENCE
• City of Maywood Active Transportation Plan (ATP)
• City of Lynwood Safe Routes to School (SRTS)
• SCAG and LADOT Koreatown-Wilshire Center Network Visioning and Quick Build
• LADOT Safe Routes to School (SRTS) Shatto Place Redesign Quick Build Project

A LOCHNER COMPANY

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

REGISTRATIONS/CERTIFICATIONS
Professional Engineer (Traffic), CA
#1406 I (Civil), CA #52655;
Professional Traffic Operations
Engineer (PTOE); Professional
Transportation Planner (PTP),
Road Safety Professional, Level 2
(Infrastructure) (RSP2I)

EDUCATION
MA, Urban Planning University of
Southern California Los Angeles, CA
BA, Urban Environmental Policy
Occidental College Los Angeles, CA
,A` `v I "R NG S W11O SV `TT EF" r a ,MEN "`; ' ,` ;;,5 ' " `\T . T IFO T1ON Pt A` '

CITY OF BELL GARDENS

ES

ISABELLA QUEVEDO
COMMUNITY ENGAGEMENT COLLATERAL MATERIAL.

DEVELOPMENT PLANNER
KOA
Isabella Quevedo, an enthusiastic recent graduate, is embarking on her professional journey in the field of Transportation Planning as an Associate Planner at KOA. With a keen interest in active transportation, community outreach, and urban revitalization, Isabella aims to specialize in shaping sustainable and inclusive urban environments. Fluent in Spanish, she prioritizes equitable engagement in planning practices, ensuring diverse communities are heard and represented. Isabella's proficiency extends beyond language skills; she adeptly prepares technical reports, collaborates with senior planners and project managers to coordinate client deliverables, and leverages her linguistic abilities to craft Spanish -language reports and outreach materials.

RELEVANT EXPEROENCE
• City of Barstow Local Roadway Safety Plan (LRSP)
• Town of Apple Valley SS4A Townwide Complete Streets Plan • City of Lynwood SCAG Safe Routes to School (SRTS)
• City of Long Beach Grant Support Services for Coastal Bike Trail Connector at Ocean Boulevard and Pier J South Waterfront Bike and Pedestrian Path Segments 2 to 6

HILARY MAU

EXISTING CONDITIONS INVENTORY, MAPPING, ANALYSIS TASK

LEAD PLANNER
KOA
Hilary Mau has been with KOA for over 15 years assisting with the preparation of transportation planning project studies for various projects throughout the Southern California region. Her recent responsibilities include preparation a Local Roadway Safety Action Plans, Safety Analyses, Warrant Studies, and other data intensive tasks and project -related management. She has experience using software that includes Synchro/SimTraffic, Traffix, Highway Capacity Software (HCS), and AutoCAD.

RELEVANT EXPEROENCE
• City of Buellton Circulation Plan Update
• Metro East San Fernando Valley Transit Corridor
• City of Los Angeles Fox Studios Master Plan
• City of Ontario Multi -Modal Transportation Center
• City of El Segundo Toyota Sports Center Parking Analysis • University of California Los Angeles Westwood Village Transportation Hub and Bus Route Realignment Study

A LOCHNER COMPANY

EDUCATION
MCP, Master of City Planning
San Diego State University
San Diego, CA
BA, Urban Studies, San Diego State
University San Diego, CA

EDUCATION
MS, Urban and Regional Planning,
California State Polytechnic
University, Pomona, CA
BA, Environmental Studies, University
of California, Santa Cruz, CA

CITY OF BELL GARDENS
"f 8

ES

RAQUELJIMENEZ
EXISTING CONDITIONS INVENTORY, MAPPING, ANAL.YSVS - SAFETY

DATA ANALYSIS AND MAPPING PLANNER
KOA
Raquel Jimenez is an Planner for KOA. Her outreach work includes engaging in stakeholder meetings, developing website content, and monitoring surveys and other online participation. Primarily utilizing Excel, Raquel conducts data analysis regarding collisions and existing conditions in order to prioritize and inform the design of countermeasures. She continues her work in mapping, outreach, and data analysis. Her mapping includes existing conditions reporting, pedestrian propensity analysis through GIS, and online maps to gain public feedback on proposed treatments.

RELEVANT EXPEROENCE
• City of Bell Gardens Circulation Element Update
• City of Azusa Pedestrian Master Plan
• City of Downey Bicycle Master Plan
• LACDPW Curbside Freight Delivery Study
• Kern COG Local Roadway Safety Plan (LRSP) Preparation • City of Monrovia Bike Program Data Recording and Analysis • LADOT ATP Cycle 5 Grant Assistance
• LADOT Safe Routes to School Plans for the Top 50 Schools with Most Need

JARED WRIGHT
EXISTING CONDITIONS INVENTORY, MAPPING, ANAL.YSVS - POLICY,

PROGRAMS, AND PRACTICES PLANNER
KOA
Jared Wright is a diligent and ambitious Planner at KOA. In this role, he focuses on writing high -quality grant applications and planning documents, as well as developing outreach and proposal materials for KOA's partners and clients.

Jared also contributes to projects by providing geospatial analysis, data analysis, and administrative support when needed. Some notable examples of Jared's work are drafting language for mobility plans, preparing content for project memorandums and reports, and performing project outreach at community events. Prior to joining KOA, Jared interned in the Transportation Planning Division of the Orange County Transportation Authority. Jared is committed to expanding access to alternative modes of transportation in Southern California and is currently most passionate about his work on the Reconnecting Northwest Pasadena project.

RELEVANT EXPEROENCE
• City of Fullerton Safe Streets for All Action Plan
• Town of Apple Valley SR -18 Corridor Enhancement Plan • Riverside County Desert Edge Mobility Plan
• City of Pasadena Reconnecting Northwest Pasadena Project • City of Long Beach Charging and Fueling Infrastructure Project • San Diego Hearst Elementary Safe Routes to School Corridor Study

A LOCHNER COMPANY

EDUCATION
MA, Urban and Regional Planning,
California Polytechnic State
University, Pomona, CA
BA, Sociology, California State
University, Fullerton, CA

EDUCATION
MA, Urban and Regional Planning,
California Polytechnic State
University, Pomona, CA
BA, Sociology, California State
University, Fullerton, CA

CITY OF BELL GARDENS

't r !p „r\!\1 r A.,..\\, rt,.1 'r iUro,�a, P�
ES
FRANK BARRERA, RSP1

POLICY DEVELOPMENT TASK LEAD PLANNER
KOA
Frank Barrera is a Project Manager at KOA. His project experience includes nearly two decades of transportation planning, traffic engineering, data analysis, feasibility studies, traffic calming, outreach, and safety improvement projects, including Safe Routes to School (SRTS) and Active Transportation Plan (ATP) studies. He has also conducted and managed various traffic and parking studies and various SSAR and LRSP projects. His hands-on management approach has provided him the knowledge and experience to conduct traffic control device audits for SRTS and ATP projects.

RELEVANT EXPEROENCE
• City of Commerce Bicycle and Pedestrian Master Plan
• Chicago Metropolitan Agency for Planning (CMAP) SS4A Countywide • Safety Action Plans
• City of Wildomar Local Roadway Safety Plan (LRSP)/SS4A • City of Fontana Local Roadway Safety Plan (LRSP)/SS4A • City of Claremont Local Roadway Safety Plan (LRSP)
• City of Rancho Cucamonga Local Roadway Safety Plan (LRSP) • City of Colton Local Roadway Safety Plan (LRSP)
• City of Fontana Local Roadway Safety Plan (LRSP)
• City of Fontana Systemic Safety Analysis Report (SSAR)

ARMIN JORGENSON, AICP
POLICY [.)ENVELOPMENT - EQUITY DEVELOPMENT PLANNER
KOA
Armin Jorgenson is a Planner at KOA. He aspires to use urban infrastructure as a means to alleviate social inequities and enhance the availability of sustainable transportation modes. In his time at KOA, he has supported grant applications for the Safe Streets and Roads for All (SS4A) program, Caltrans Highway Safety Improvement Program (HSIP), Caltrans Active Transportation Program, and the USDOT RAISE grant program. Prior to joining KOA, Armin served as a Transit Planning Intern at Omnitrans. In this position, he wrote grant applications on behalf of several cities in San Bernardino County to fund benches, shelters, and ADA-compliant landing areas. Armin is proficient at using tools such as ArcGIS Pro and Tableau to analyze data and find information that strengthens grant applications.

RELEVANT EXPEROENCE
• Town of Apple Valley SS4A Townwide Complete Streets Plan • County of Riverside ATP Cycle 6 and USDOT SS4A Grant Assistance • City of San Bernardino Local Roadway Safety Plan (LRSP) • City of Wildomar Local Roadway Safety Plan (LRSP)
• City of San Bernardino Local Roadway Safety Plan (LRSP) • City of Colton Local Roadway Safety Plan (LRSP)
• City of Huntington Beach Local Roadway Safety Plan (LRSP

A LOCHNER COMPANY

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

REGISTRATIONS/CERTIFICATIONS
Road Safety Professional 1

EDUCATION
MUP, Mobility and Transportation
Planning, Price School of Public
Policy, University of Southern
California, Los Angeles, CA
BA, Urban Studies and Planning/
BS, Environmental Chemistry,
Revelle College, University of
California, San Diego, CA

REGISTRATIONS/CERTIFICATIONS
American Institute of Certified
Planners (AICP), #35558

CITY OF BELL GARDENS

ES

MORGAN HUNLEN

POLICY DEVELOPMENT - GOALS, OBJECTIVES, AND STRATEGIES I

PLANNER
KOA
Morgan Hunlen is ambitious and passionate Panner at KOA. As a part of duties, Morgan focuses on preparing high -quality presentations, outreach, and proposal materials for KOA's partners and clients. She also supports KOA's various community engagement initiatives by engaging with stakeholders in an informed and dignified manner. Morgan also contributes to projects by providing geospatial analysis, data analysis, and administrative support when needed. Some notable examples of Morgan's work are preparing maps, flyers, posters, and surveys for outreach events, drafting language for request for proposals, and preparing content for project memorandums and reports.

RELEVANT EXPERIENCE
• SCAG Buena Park Comprehensive Active Transportation Plan (ATP) • SCAG Duarte Safe Routes to School (SRTS) Plan
• SCAG Lynwood SRTS/Banning ATP
• Town of Apple Valley Highway 18 Access Plan
• City of Long Beach Shoemaker Bridge Funding Development • City of Coachella SGC Community Resilience Center Grant Application • City of Upland Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program

NICOLETTE SEARGEANT, EIT

FINAL DEVELOPMENT PLAN - COST ESTIMATING DESIGNER
KOA
Nicolette Seargeant is an ambitious Designer at KOA specializing in traffic design services. In this role, she is responsible for preparing design plans for traffic signals, traffic control, street improvement, and signing and striping.

She has served as Design Engineer in active transportation, traffic control, and pavement rehabilitation projects. She has experience in designing for several agencies and cities, such as the City of Los Angeles, Culver City, Downey, and Redondo Beach. While working on the Culver City Bike Lane and Traffic Calming Project, Nicolette helped design an innovative two-way cycle track for a commercial and residential neighborhood of Fox Hills. Nicolette is committed to creating safe and efficient traffic related designs to facilitate growth and development in Southern California communities.

RELEVANT EXPERIENCE
• City of South Gate Tweedy Mile Complete Streets
• City of Los Angeles LA River Bikeway Project
• City of Culver City Fox Hills Bike Lane & Traffic Calming • City of El Monte Mountainview Road Roundabout
• City of South Pasadena FY 2018-2019 Street Improvements • City of Downey Bike Master Plan

A LOCHNER COMPANY

EDUCATION
BS, Aeronautics/Aviation/
Aerospace Science and
Technology, Middle Tennessee
State University, TN
MA, City and Regional Planning,
Transportation Rutger's University,
State University of New Jersey,
New Brunswick, NJ

EDUCATION
BS, Civil Engineering, California
State Polytechnic University,
Pomona, CA

REGISTRATIONS/CERTIFICATIONS
Engineer -in -Training (EIT), CA
#169180

CITY OF BELL GARDENS
21

1:-,� \��\\�u �,r, \ , \\p �, r\ ��4\1 ,ti„ \,� \ r \➢`1 �\\�,� 1,,

MOSES HSIEH
NAL DEVELOPMENT 1.'LAN QUPTY/P ()'VIII/AFh 1ON

PLANNER
KOA
Moses Hsieh is a trustworthy Planner at KOA with expertise in report writing and GIS map -making. His tasks generally revolve around these two skills, alongside a variety of related responsibilities such as data collecting and grant writing. Specifically in the planning field, he has experience in preparing general plans, road safety plans, bus stop improvement analyses, and assisting clients with entitlement processing and public notification packages. Prior to his recent entrance to the professional planning field, Moses was awarded the Sol Price School of Public Policy Dean's Scholarship at USC for his outstanding academic achievements and placed as one the top candidates in his cohort.

Moses strives to make an impact in the transportation field, challenging its current paradigm to be more sustainable and more accommodating for multimodal travel..

RELEVANT EXPERIENCE
• City of Fullerton Safe Streets for All Action Plan
• Town of Apple Valley SS4A Townwide Complete Streets Plan • Chicago Metropolitan Agency for Planning (CMAP) SS4A Countywide Safety Action Plans
• City of Claremont Local Roadway Safety Plan (LRSP)

PHILIP BURNS, AICP
CON/HVi_WTY ENGAGEMENT TASK LEAD PREN(r:PAL.

Subconsu(tant - The Arroyo Group
Philip Burns is Managing Principal and project manager at The Arroyo Group.

Philip directs and manages the firm's Master/Specific planning practice, having led the preparation of ten such plans over the past several years. His particular areas of expertise include land use planning/zoning, housing policy, and bilingual community engagement. He also has extensive experience working on and or managing staff or consultants in the areas of urban design, transportation (particularly active transportation and traffic studies), economics, infrastructure and environmental clearance.

RELEVANT EXPERIENCE
• City of Inglewood Transit -Oriented Development Plans (Downtown, Fairview Heights, Crenshaw/Imperial, Westchester/Veterans) • City of Glendora, San Dimas, La Verne, Pomona and Claremont Metro Gold Line Extension Phase 2B First/Last Mile Plan
• City of Glendora First/Last Mile Concept Refinement
• City of Compton Station Specific Plan
• City of Compton 501/601 E Compton Blvd Specific Plan
• City of Compton Artesia Station TOD Specific Plan
• City of Bell Atlantic Avenue Specific Plan
• City of Bell Cheli Specific Plan
• City of South Gate Tweedy Boulevard Specific Plan

A LOCHNER COMPANY

EDUCATION
MURP, Master of Urban Planning
University of Southern California,
Los Angeles, CA
BA, Urban Studies, University of
California, Irvine, CA

EDUCATION
MA, Planning University of
Southern California Los Angeles, CA
BA, Urban Studies Brown University
Providence, RI

REGISTRATIONS/CERTIFICATIONS
American Institute of Certified
Planners (AICP), #296080
';iPEAi N1 ``,`, D`v ,\ f ERING IEWJO ;` c. , `T >' "EVEE , MENT 1 ,` „\ E T . T \ ..\t\\ TI ' "PAN\` CITY (& BELL. i GARDENS

r., ! u'.,, \t1„u 9mili

ETHODOLOGY
With a population of over 42,000 residents and 2.45
square miles, the City of Bell Gardens is one of the densest cities in Los Angeles County. It also sits at the crossroads of regionally significant transportation facilities, such as the I-710 and regional arterial streets like Garfield Avenue, Eastern Avenue, Florence Avenue, and Gage Avenue. This
results in a disproportionate amount of vehicular traffic on its surface streets, with several arterial, collector, and even local streets experiencing cut -through traffic several times a day. These conditions are only expected to worsen as Bell Gardens continues to grow and capacity -increasing regional projects, such as the proposed I-710 widening
project continue to move forward.

However, to advance its land use and mobility goals,
the City has been proactive in pushing several planning efforts forward. This includes updating, adopting and
implementing its award -winning Complete Streets Plan,
approving its Circulation Element Update, and preparing a Systemic Safety Analysis Report (SSAR) document.

Collectively, these projects have led to the acquisition of millions of dollars in infrastructure funding.

To further its land use and mobility goals and lay the
groundwork for future infrastructure and safety program implementation, the City received a grant to prepare a
comprehensive Safe Streets for All Action Plan. Through this project, the City seeks to accomplish several goals, including:

A LOCHNER COMPANY
• Through active transportation and proactive
complete streets safety project and program
planning, further prioritize equity and environmental
justice for Bell Gardens residents
• Provide meaningful opportunities for stakeholders and residents to provide input and inform Safety Action
Plan efforts
• Update adopted plans through crash and other data
analyses to identify infrastructure programs and
projects for future implementation
• Ultimately, develop a network of safe, accessible
infrastructure that closes gaps and invests in
communities of highest need.

To further understand the existing context and develop the appropriate approach, KOA conducted an initial analysis that explored several socio-economic and safety factors that provide a pathway to prioritizing specific locations throughout the City for potential project identification.

Preliminary Collision Analysis
KOA conducted a preliminary collision analysis, noting
the quantity of collisions in the city, areas of highest concentration, and their proximity to destinations. Between 2019-2023 (the years where data is available and has been confirmed through open sources), there were a total of 658 collisions (with 21 percent or 139 total) involving a person walking or bicycling. As the map below shows, there were several areas of high concentration, particularly along Florence Avenue, Eastern Avenue, and Gage Avenue.

Collisions in Bell Gardens, between 2019-2023
ND`v ,\ N ; f :G; IEWJO ' ;` c. , `T >' "EVEE , MENT°`; " ,` ,;, ' ,, T R .t TI " "PAN'`

CITY OF BELL GIVMENS

ETHODOLOGY

A LOCHNER COMPANY
Areas of Highest Priority
Using collision patterns is one way to identify areas of focus and higher priority. Our team understands that there are other factors that should be considered when prioritizing locations for mobility interventions to position the City well for infrastructure funding. As such, our team conducted a sophisticated GIS analysis that combined several factors in addition to collisions, like:
• School proximity — 0.25 mile
• Justice40
• Vehicle Access
• Housing Burden
• Poverty
• Cardiovascular Disease
• Traffic Impacts
In highlighting these aspects and spreading them geographically, KOA's team was able to pinpoint which areas are of higher need and can be explored further for any infrastructure intervention and potential funding. As shown in the map below, eight segments/corridors were identified that overlap or are adjacent to areas that rank the highest in terms of those socio-economic and mobility indicators. Florence Avenue, between Eastern Avenue and Garfield Avenue, is the highest ranking corridor, followed by Eastern Avenue, between Florence Avenue and Garfield Avenue.

Map of Preliminary Priority Locations/Corridors
Top Corridors
0 0.13 0".25 0.

ACISIVEWINEERINGT EWJO ' ; c. , `T DEV O MENT°`; " ,` ,;, ' , T . T R 2t TI " !PEAIN CITY OF BELL 6G DENS

ETHODOLOGY

A LOCHNER COMPANY
Additionally, our team also looked at neighborhoods that ranked the highest based on that same criterion. Examining areas will allow for the development of treatments at a neighborhood level, which can more comprehensively address mobility and traffic safety issues.

As the map below shows, it's the neighborhoods south of Florence Avenue, particularly west of Eastern Avenue and east of Garfield Avenue that rank one and two, respectively. Both of these areas are a potential good place to start when exploring projects and treatments that might have the highest positive impact to those of highest need.

Map of Preliminary Priority Neighborhoods
Top NdaVa')hri )rhoods
Benefits of the KOA Team
KOA understands that the City seeks to develop a Safe Streets for All Action Plan that will serve to update its existing Complete Streets Plan and SSAR document and ensure compliance with the federal Safe Streets for All (SS4A) funding program. This effort will ensure that the City is well positioned to improve transportation safety on its streets.

KOA is best positioned to assist the City with this effort due to the following:

1. Having prepared the City's Complete Streets Plan, Circulation Element Update, and numerous SS4A Action Plans, LRSPs, and SSARs and having a close understanding and knowledge of Bell Gardens' mobility issues, KOA is intimately familiar with issues, needs, and methods to address problem areas and can hit the ground running.

ND`v ,\ NERNE IEWJO ' ;` c. , `�», ' "EVEEO MENT°`; " ,` ,;, ' ,. T R 2t TI " "PAN'

CITY OF BELL GIVMENS

SECTION 4 1 APPROACH AND METHODOLOGY,
KA

A LOCHNER COMPANY

2. As a team that blends planning expertise with engineering know-how, KOA's diverse team of experts can provide the City with a comprehensive assessment of transportation safety issues while outlining the most appropriate solutions. Our team possesses industry -leading mapping and quantitative analysis capabilities that will allow us to develop a complete assessment of citywide safety concerns and areas of priority.

Additionally, our team of registered civil and traffic engineers will ensure that recommended treatments are constructable and implementable. This combination has served us well with numerous other jurisdictions as we have been at the forefront of recommending, funding, implementing, and constructing transportation infrastructure improvement projects. We intend to do the same with Bell Gardens.

3. KOA has several innovative tools at its disposal to facilitate public engagement and to quickly and efficiently update any collision analysis, diagrams, and other features. This includes:
a. Using ArcGIS Story Maps to prepare dynamic web pages that display GIS and collision data in an easy -to grasp manner,
b. Articulate 360 (the platform that KOA used to prepare the North Lake Avenue Project website, link here) allowed us to embed videos, pop-up diagrams, and other features that made it easy for the general public to review,
c. Collision analysis and visualization tools like Tableau (see below) and proprietary collision tools that allow us to efficiently review and map data
+ableoud:public
ittier Boulevard Corridor
FROM: Paramount Boulevard TO: Eastern City Limit
ESTIMATED LENGTH:1,2 miles, TOTAL COLLISIONS.: 2R'O
FATALITY: 2 SEVERE INIURY:3

45.36%
He:ol-On
"i''MIcISedest_ �&r Stared
ether Gverburned
l awlty
w IWjs
Collision Severi
aqc Ony

GALLERY AUTHORS SLOG RESOURCES ACTIVITY
Motor Vehicle I nvov led Witt
ii.i.iii i .edasknan
;','1: Othnr Ubjart - M Objcet
? ""m:: Hut Statd Uchin'c rOthe, Fic+edwoy)
Parked Vehicle :;;bi: Mho. Vel,sle
, m . n , „ ,-MT r mn 7
Primary Collision Factors
u ncafe 5pead -
mpecpes I'u•ning 1213%
Fallo.;rgTomtla;aly
Au:umv6ulc ROW _ A9l%
link, mxn -?.9%
Unsafe Lane Change MI -L %
Sigmal. and Signs - 749%
ng - MI%
UnCer the Int',aence 150%
W7ornut tofRand I,ta%
Pea±StrTh, `Way. 1'.43%
afl Fi4ht o` Wax' 0.ra%
ion � nrtx
hcriha n Cr,ve- (nom Pcd.. e.'.E%•
CQL7c, Irnptotlrr Dtiwin4 9.36'%
Oaxlighe
P]uaf.-7arx^i
Lighting Conditions

4.32 LOiS4,`
2fl 4246
46_199A
er l.ig
ghts
Tableau Platform used by KOA staff to display collision concentrations and trends in Pico Rivera as part of it's SSAR.

KOA is excited to partner again with the City of Bell Gardens and assist you in conducting engagement, creating a new set of projects, and prioritize its safety needs to ensure a safer and more pleasant environment for your residents.

CITY OF BELl GARDENS

DO OGY

A LOCHNER COMPANY
TASK 1: PROJECT INITIATION AND MANAGEMENT

1.1 PROJECT KICK-OFF MEETING
Upon receiving a Notice to Proceed (NTP), the KOA team will organize, attend, and lead a project kick-off meeting with the City to discuss procedures and project expectations including invoicing, quarterly reporting, and all other relevant project information. The kick-off meeting will include staff from Public Works, Community Development, and other associated staff. This meeting will serve four primary purposes:

1. Establish a vision statement and goals to ensure our efforts are properly aligned with the City's goals and expectations for the project.

2. Identify opportunities and challenges that the project will face and establish the ultimate objectives that must be accomplished through this work.

3. Establish a project schedule for the City's input and KOA team deliverables to ensure a successful project implementation within an agreed -upon schedule.

4. Establish communication channels with the City's PMs.

KOA will prepare an agenda and a data needs memorandum that will be shared with the City to request any necessary data that we do not have available. Our team benefits in that we have extensive data already available from past projects with Bell Gardens and we will make every effort not to duplicate any efforts in making data requests.

Furthermore, as part of the kick-off meeting, we suggest conducting a virtual site visit of the project area, focusing on areas of highest need and priority. We have found this to be a highly efficient means of gathering site information that typically results in a dynamic dialogue of the project area opportunities and constraints.

1.2 MONTHLY REPORTING/INVOICING
KOA will conduct monthly reporting and submit monthly invoices to the City. The invoices and any subsequent reports will include needed information for submittal to funding agencies.

1.3 PRESENTATIONS
As tasks and deliverables are completed, KOA will prepare presentation materials for any requested presentations to the Planning Commission or City Council. Content for regular staff reports will also be prepared.

1.4 REGULAR PROJECT MANAGEMENT MEETINGS
KOA will hold as -needed one -hour virtual monthly meetings with the Project Management Team (PMT) to discuss project activities, coordinate project deliverables, and review the project budget and schedule. During this time, we will quickly discuss the percent completion of each ongoing task, anticipated tasks to be completed in the next two weeks, schedule or budget risks, and risk mitigation strategies.

The KOA team will prepare and circulate a draft agenda 24 hours ahead of each meeting to allow time to review and revisions. The meeting notes will be provided within 48 hours following the meeting to ensure that the next steps and other notes are provided in a timely fashion.

1.5 PROJECT MANAGEMENT PLAN
Within 15 days of the kick-off meeting, KOA will prepare a Project Management Plan (PMP). The proposed PMP will include the following components:

Goals and Objectives. Based on review of existing plans, existing conditions, and needs analysis, KOA will prepare the vision, goals, and objectives. The vision will be a broad and inspirational statement that presents the desired future state related to transportation safety and network development. The goals will be broad statements of what the City and its residents hope to achieve over time. The objectives will be specific, action -oriented statements that mark progress towards the goals.

AN.II!ENGINEERINGSERVICES'REORNHEFDEVEEDRNIENV*FIESAFE;IFREETSEFGRMEIEAelrl.'ONEPEAINA 27 (:ITY OF BELL GARDENS

DO OGY

A LOCHNER COMPANY
We will analyze the project goals and objectives during the first CAC and use that framework to reduce scope creep and eliminate unnecessary project elements to achieve the project outcome.

Community Engagement. The PMP will include a chapter/section on community engagement (as is outlined in Task 3 of this proposal). It will break down the type of engagement activities that are to take place, the number of events, locations, tools to be used, and the anticipated number of people that will be engaged.

Work Breakdown Structure/Task List/Project Backlog. KOA's project manager will develop an expected task list for all project deliverables. KOA will do this in accordance with the City's project manager. For this project, KOA will utilize a combination of our in-house Deltek project tracking platform, which will allow us to track task budgets in real time for accurate client budgeting, billing, invoicing, and project backlog tracking.

In addition, to track task progress and schedule, KOA will utilize Deltek Vision as the project management platform. KOA will share output from this platform with the City project manager to ensure that they can review overall project progress in real time. This platform will also be used to set up reminders for project team partners regarding tasks and deliverables to streamline collaboration and information sharing across a distributed project team.

Project Schedule. KOA's project manager will set up and maintain the overall master project schedule, which will be revisited weekly to ensure that tasks are up-to-date and deliverables are being met. We will create a master project and subprojects to break down the large project and delegate its parts to the necessary task leaders. Creating subprojects in our master project schedule will help each task lead gain access to, and control over, their parts of the schedule as well as provide the City a view of the project progress.

1.6 PROJECT CLOSEOUT FILES
KOA will be responsible for the documentation and preservation of all project deliverables. The files will be provided to the City in their preferred digital format and distributed electronically via the KOA OneDrive cloud -based system, if preferred. All files will be organized by task and have their own folder and subfolder structure.

Task 1 Deliverables:

Organize, facilitate, and document project kick-off meeting, which will include the confirmation of the project schedule, meeting agenda and materials, data needs, and virtual site tour. Prepare monthly reports and invoices.

Prepare presentation materials for one (1) council meeting and one (1) planning commission meeting. Organize, facilitate, and document monthly project management meetings to take place virtually, and in -person on an as - needed basis. Prepare project management plan and provide project closeout files upon request and upon project completion.

TASK 2: COMMUNITY ENGAGEMENT

2.1 OUTREACH & MARKETING STRATEGY
The Arroyo Group, in collaboration with KOA and City staff, will design an outreach strategy for the Bell Gardens Safe Streets for All Action Plan. This strategy aims to ensure an equitable, inclusive, and community -driven approach, resulting in an action plan that reflects the community's vision as identified through outreach.

The outreach strategy will focus on two key stages of community input and feedback. The first stage will focus on gathering data and project ideas from the community, while the second stage will solicit feedback on project concepts prior to Plan finalization.

The strategy is anticipated to include the following elements (subject to change by mutual agreement):
• A project webpage and social media content for use by the City on the City's website and social media accounts, posted materials, text and visualizations provided by The Arroyo Group `v f "Rl :G"!SEW1O SV `TT EF" a , MEN "`; ' ,` ;;,5 ' " `\ EFTS.CFO " T1ON PIA` ' (:ITY OF BELL GA€;DENS

DO OGY

A LOCHNER COMPANY
• Two online surveys, one at each stage
• Integration of engaging digital media content, such as GIS story maps or informational videos, into online surveys • Two technical advisory committee meetings, one at each stage • Direct outreach to the community through four pop-up events, two at each stage, and two open houses/ community meetings, one at each stage

2.2 ONLINE PLATFORM
The Arroyo Group will provide the City with materials and visualizations to be posted on a project webpage hosted on the City's website. We anticipate that the City will manage the project webpage. Materials for the webpage will include general project information, project timeline, answers to frequently asked questions, and will be updated throughout the project process as the team develops materials and visualizations to be posted for public review.

Atttn,t'vir,kOJ6CF
nianytiamaanyeconiaor
Eanandonent
tit uv vine
Where is I Avenue Corridor?
Tiftt it. cat Beat Valley Road and Raaa:9toth Road It leads to Beta Valley Road and V'Pctotuille in the 0.ACtilh, Rant held Road and the fo tiRe B`m31le SYa}" Residential PtO f'C;Y lin Fin? tiiinntth Project Webpage developed by KOA team
^nW'4uv�a..
nN 6nt.,im4
The Arroyo Group will develop two online surveys, one at the beginning of the project and one towards the end of Task

5. Each will be integrated with engaging digital content such as an informational video or story map, to be determined during Task 2.1. Digital materials will provide education around road safety and safety countermeasures, and the City of Bell Gardens' recent and upcoming projects deriving from its 2020 Complete Streets Plan. The first online survey will allow respondents to answer questions to determine frequent routes that respondents currently walk or bike, what destinations they would like to walk or bike to, and specific roadway improvements that are requested.

The second online survey will include visualizations of the team's planned improvements, made by The Arroyo Group, and it will also include sections, plans and maps of planned improvements, supplied by KOA. Respondents to this survey will be asked to take in and then provide feedback on the proposed improvements via written comment, as well as provide any general comments relevant to the Plan.
`v I R NG WVI.CES R», EF" 1 V ,MEN "`; ' ,` ;;,5 ` " `\ E .1 ' "AM`,, 1ON PIA` ', 29 CITY OF BELL GA€;DENS

SECTION 4 1 APPROACH AND METHODOLOGY,
KA

A LOCHNER COMPANY

2.3 TECHNICAL ADVISORY COMMITTEE
The City will establish a technical advisory committee with help from The Arroyo Group. The Arroyo Group will provide a list of potential stakeholders for inclusion in the technical advisory committee, such as City Public Works and Community Development staff, Metro, Southern California Edison, local school principals, and any agency with jurisdiction or interest in the public right-of-way. The City will have the authority to remove and add members to the technical advisory committee.

This technical advisory committee will be charged with the plan's development, implementation, and monitoring. The Arroyo Group will provide the materials for these committee meetings and will lead these meetings in conjunction with KOA. This technical advisory committee will be asked to weigh in on the Safe Streets for All Action Plan at two times, the first at the beginning of the project and the second after Task 5. Each committee meeting will consist of an educational portion and a feedback portion. During the first committee meeting, The Arroyo Group will ask advisory committee members to share what routes they bike or walk in the City, their main destinations in the City, and specific roadway improvements they request in specific locations.

During the second technical advisory committee meeting, The Arroyo Group will support KOA in presenting the proposed improvements and soliciting feedback on them.

2.4 DIRECT OUTREACH
The Arroyo Group will perform direct outreach to the community through four pop-up events, two at each outreach stage described in Task 2.1, and two open houses/community meetings, one at each stage. Among the pop-up events, one at each stage is anticipated to be held in a public place, such as a bus stop, school pick-up/drop-off time, or grocery store, with the other at a City event such as a summer event at Veterans Park.

KOA staff conducting engagement as part of the Fullerton SS4A Project.

CITY OF BELl GARDENS

DO OGY

A LOCHNER COMPANY
Each of these events will include large-scale visual displays as space and logistics allow. In the first outreach stage, large- scale maps would be allowing community members to identify their most common routes and destinations for walking and biking, and propose where they would like specific roadway improvements. Other displays will describe roadway improvement types, the 2020 Complete Streets Plan, and implemented examples of safety projects in Bell Gardens. The open house may also include a presentation.

The events in the second stage of outreach will feature large-scale photo -realistic visualizations, sections, and maps allowing community members to understand the most impactful proposed roadway improvements. Community members will be given the opportunity to share their feedback on these proposed improvements, either by communicating comments directly to The Arroyo Group Staff or by writing these comments on post -it notes that will be posted on the large-scale boards.

2.5 STAKEHOLDER ENGAGEMENT CHAPTER IN ACTION PLAN
The Arroyo Group will provide a Stakeholder Engagement Chapter in the Action Plan that summarizes all outreach activities and input from all community members and stakeholders.

Task 2 (Deliverables:

Outreach strategy document, Visualizations of planned improvements, Two online surveys, materials for project webpage, digital imediia content possibly in one or a couple of the following formats depending on .scope and budget: GIS story map, informational video(s), social media content for posting via the City's social media accounts, List of potential stakeholders for advisory committee, materials for each committee meeting, agendas for committee meetings, meeting notes for committee meetings. Large-scale maps for outreach events, materials for community members to leave feedback on boards, educational presentations, educational boards, large-scale photorealistic visualizations of roadway improvements, summary of feedback received at outreach events. Stakeholder Engagement Chapter.

TASK 3: EXISTING CONDITIONS INVENTORY, MAPPING AND ANALYSIS

3.1 UPDATE DATA ANALYSIS
To set up baseline conditions and lay a foundation upon which network development and proposed safety projects will take place, the KOA team proposes conducting a comprehensive inventory of existing conditions throughout the city.

Although just over two square miles large, this city is dense and diverse.

To capture all required data points efficiently and in a cost-effective manner, the KOA team has proposed a two-step process. This process will reduce delays and not create additional work for City staff that is already stretched thin. It is not until all internal sources have been exhausted that KOA's team will prepare a subsequent data request memorandum. The two steps are:

1. Leverage Existing Data:

Having prepared the City's Complete Streets Plan, a neighborhood parking study, and the Circulation Element Update, KOA is fortunate to have collected, refined, and analyzed copious amounts of data, including (but not limited to):
a. Collision data
b. Conceptual design plans for ATP -funded projects (stemming from the Complete Streets Plan) c. Vehicle, bicycle, and pedestrian counts
d. Land use data (land use types, economic development opportunity zones, special districts) e. Mobility data (transit data — from Metro and the City, low stress corridors, existing and proposed pedestrian facilities, ongoing studies and investigations)
ANDS'NGINEERINGSERVICESEEORNHEFDEMEEOP:NIENV*FAgSAFEg:.:'TRIEETSTGRMEVAertONEPEAINig 31 (:,ITY OF BELL GARDENS

DO OGY

A LOCHNER COMPANY
Although the City may be in possession of this data, due to KOA having collected and refined this information, our team can very easily manipulate this data to quickly set up existing conditions baselines. This will reduce efforts and improve overall efficiencies for City staff.

2. External Sources (US Census Bureau, Open Data Sources):

KOA understands that some data might not be available. As such, our team will source what data is needed through external vendors. For example, information on business performance or air quality baseline assessments might not be available through the City's traditional databases. As such, our team will reach out to third party vendors to acquire this data to effectively paint the baseline picture of conditions in the study area.

Our team is experienced in acquiring and manipulating US Census data to conduct analysis and develop other features. Additionally, our team has access to Streetlight Data though a SCAG license. Our team can use this information to acquire historical data on vehicle speeds, volumes, and corridor -level delays.

Finally, our team is in possession of SCAG's Travel Demand Model and can manipulate information to understand origin -and -destination pairs and gain a better idea of where people are traveling to both within the City and beyond.

Our team will make sure to take advantage of these tools and resources prior to asking the City for more information.

Existing Conditions
KOA will use the aforementioned data to prepare a comprehensive Existing Conditions analysis. KOA will start by updating information on the city's street network, activity generators, socio-economic conditions, traffic citations, and infrastructure asset information. This will serve as the foundations for conducting the safety analysis.

Crash/Safety Analysis
To complement the existing conditions data that has been updated/collected, KOA will conduct a comprehensive safety analysis. This will take place in two ways:

1. First, KOA is already in possession of substantial recent safety data within Bell Gardens. KOA will leverage this by working with City staff to ensure that it is reflective of current conditions.

2. KOA will map the distribution of collisions and crashes, but will also conduct a comprehensive assessment that not only tracks where crashes are taking place but also patterns such as Time -of -Day, Day -of -Week, Killed -or -Severely Injured (KSI), Primary Collision Factors, and other information that helps to best discern patterns.

3. Using this information, KOA will prepare a collision assessment that documents collision patterns and identifies the areas of highest need.

Summary Memorandum
KOA will document existing data that was updated/collected and the conclusions of the collision analysis to prepare a summary memorandum. This document will be incorporated into the existing conditions report and will be a foundational document when identifying areas of highest need and projects to prioritize.

3.2 ASSESSMENT OF EXISTING POLICIES, PROGRAMS, AND PRACTICES For the Plan to be both an effective policy document and a guide for implementing projects, KOA will take a holistic view of how programs, practices, and policies related to safety operate within the City and nearby communities.

The initial step in assessing the current state of the City's transportation policy and planning documents and regulatory frameworks to establish an understanding of the policies and priorities. KOA will review City planning documents such as the General Plan, Circulation Element, Complete Streets Plan, zoning code, and other City -specific documents and other recent traffic or mobility studies affecting the study area. `v I R NG S W1O SV `!THEF ' a , MEN "`; ' ,` ;;,5 ' " `\ EEC" .CFO " T1ON Pt A` ' CITY OF BELL GA€,DENS

DO OGY

A LOCHNER COMPANY
The City of Bell Gardens does not exist on an island and is centrally located in the Gateway Cities regional transportation network. As such, KOA will also conduct extensive research of current relevant documents for adjacent jurisdictions that include theft circulation elements and any existing or in progress active transportation plans.

In addition to City -specific transportation plans and nearby jurisdiction plans, the KOA team will review regional plans, such as SCAG's Regional Transportation Plan, the Metro and Gateway Cities COG Regional Transportation Plan, and ongoing environmental studies for large projects such as those along the I-710.

KOA will use these plans and policies to form a baseline regarding transportation programs and safety improvements that might be needed citywide

3.3 UPDATE EXISTING CONDITIONS REPORT
KOA will prepare factsheets and an updated existing conditions report that brings all of the aforementioned analysis together. The existing conditions report will ultimately be included in the Action Plan document.

Task 3 (Deliverables:
• Update data analysis, including research new data points and revise those already on hand. Include analysis of existing infrastructure assets and socio-economic conditions. Conduct crash analysis, including maps, figures, and graphics. Conduct policy analysis. Prepare existing conditions report.

TASK 4: POLICY DEVELOPMENT

4.1 BEST PRACTICES RESEARCH
For the Safety Action Plan to be both an effective policy document and a guide for implementing projects, KOA will review recently adopted SS4A Action Plans and associated mobility elements for Southern California -based jurisdictions with similar socio-economic conditions as Bell Gardens.

KOA will do this in several ways. First, our team will develop a database of recently -approved Action Plans. The database will be refined based on year of adoption (limit to the last ten years) and also on how similar those cities are to Bell Gardens. In terms of similarity, KOA will use the following criteria:
• Socio-economic conditions
• Demographic characteristics
• City and Population size
• Location within Southern California
• Environmental conditions
Once the Action Plans have been narrowed down, KOA will conduct an extensive literature review to determine programs, policies, and overall strategies proposed and implemented by those jurisdictions to address their mobility concerns.

The results from the review will be documented as part of a technical memo and incorporated into the overall final Action Plan and report.

4.2 POLICY DEVELOP AND EQUITY ANALYSIS
Focusing on at -risk neighborhoods as defined in CalEnviroScreen, we will compare safety, access, and traffic stress experienced in those neighborhoods on a census tract/block level to the rest of the City. This analysis can be used to identify areas that may be prioritized for infrastructure implementation in Task 5 based on a goal of creating an a safe and equitable transportation system. A series of GIS-based maps that document and summarize several community characteristics will be prepared for the project area. Our GIS team will work with the City to determine the most appropriate format and ensure layout consistency.

CITY OF BELL GARDENS

DO OGY

A LOCHNER COMPANY
Maps we will prepare include, but are not limited to:
• Existing street facility types, and conditions,
• Current network performance,
• Conflict zones,
• Existing bicycle and pedestrian amenities,
• Injury/fatality locations and collision types,
• Land uses and key destinations,
• Conceptual maps depicting full network buildout
The equity analysis will serve as the foundation for the adoption of revised new policies, programs, and practices. The analysis will be incorporated into the Policy Development chapter that will ultimately be part of the Safety Action Plan document.

4.3 UPDATE GOALS, OBJECTIVES, AND STRATEGIES
The City's Complete Streets Plan and it's SSAR documents both identify overlapping, yet slightly different goals, objectives, and strategies. KOA will review both of these documents and incorporate the goals of each into an updated set of Goals, Objectives, and Strategies that will lay the foundation for infrastructure implementation for the City moving forward.

Task 4 Deliverables:
• Conduct SS4A Best Practices research and document appropriately; Conduct policy development and equity analysis, including the development of supporting maps and figures; update Goals, Objectives, and Strategies.

TASK 5: FINAL PLAN DEVELOPMENT

5.1 UPDATE PROPOSED PEDESTRIAN AND BICYCLE FACILITIES
The 2020 Complete Streets Plan proposed a wide set of pedestrian, bicycle, and traffic calming treatments. Upon identifying treatments and facilities (see Task 5.2), KOA will develop and provide concept visualizations of proposed pedestrian and bicycle facilities (up to three for bicycle and three for pedestrian facilities). These facilities will be included within a Pedestrian and Bicycle Facilities chapter in the Action Plan.

5.2 UPDATE PROPOSED SAFETY PROJECTS AND PROGRAM
The 2020 Complete Streets Plan and the current SSAR documents recommended several infrastructure projects. Thanks to the efforts of City and consultant staff, Bell Gardens has been extremely successful in winning funding to implement several of these projects. To assess what has been implemented, what has been recommended, and what is still left, KOA will review both of these documents (along with any others) to determine what is left to be implemented.

Additionally, based on information gathered during our engagement (Task 2) and analysis (Tasks 3 and 4), KOA will map current priority areas and the locations within the city of the highest need to improve transportation issues and safety challenges. Based on this information, the KOA team will develop a tailored countermeasure toolbox that will seek to address the infrastructure deficiencies identified by the community. `v I R NG S "WW1O 'SV `!THEF " a ,MEN °`; "F,` ;;,5 ' " `\ S FOP '1 ZPA` A 34 (:,ITY OF BELL GARDENS

Angled Perking
E'staconarrlfento en Dian
tgrCAppR4v\ RR!A, a\„ n �� ii tt, A10�,A�\a� �� an'i..

E\ HO OLOGY

A LOCHNER COMPANY
Street :imp re r e t 1 lh
mloo
Speed'' Hump
Tape de Vetoctdad
High Wis3bfljty Crosswalk•
Croce'Peatonal Cebrd
Curb ladius Reduction
Ped4,,cirM de Ctom$Ura data Esquto.

Traffic piverter
Oes,dadar de 7rafao V
Mddblock Crosswalk':
&race a Media Colfe
}
Pedant
t!arkiet
Estrecaointemos
Raised Crosswalk
Crtrce Peamnal levdda '.,.

Ractatagular Rapid RashM,'.E
SeHetszdr en eon Laces intern
Countermeasure Toolbox developed for the Bell Gardens Complete Streets Plan Stomwwa'ter Management Facility
t#eaenclbn de Aguas Otuviales
xfia�
Chita»
Chicdnas
Street Lighting
Pastes de Lur
KOA will develop the toolbox by not only borrowing from what is already in use in the City but also will tailor improvements that will satisfy the goals and needs of the SS4A Action Plan. This process will involve the following:

1. Review existing safety, traffic calming, bicycle and pedestrian that have been implemented and well -received throughout Bell Gardens,

2. Explore treatments that have been used in other jurisdictions and have been successful in achieving complete streets and safety goals,
VALUE ADDED: Feasibility Assessment
KOA understands that the City's street network is constrained by existing street dimensions, users, and land use types.

As such, KOA will meet with the City's Public Works staff, its city engineers, and emergency response teams (Fire and Police), to determine what has worked and what is not acceptable.

This is a critical step in the process as gaining their input will allow for facilities to be implemented much more easily, more cost effectively, and with less community opposition.

Based on this assessment, KOA will identify an updated set of infrastructure projects and programs to include in the Action Plan. KOA will develop a Proposed Safety Projects and Programs chapter to include in the Action Plan.

ND`v ,\ NER NG IE: W'JO ' ;` c. , `TT >' "EVEE , MENT"`; " ,` ,;, ' ,, T R .t TI "PAN'`

CITY OF BELL GARDENS

SECTION 4 1 APPROACH AND METHODOLOGY,
KA

A LOCHNER COMPANY

5.3 AND 5.4 IMPLEMENTATION FRAMEWORK AND PRIORITIZATION Prioritization
After identifying the proposed projects and treatments and conducting the appropriate feasibility analyses and field assessment, the KOA team will meet with the City to review recommendations and the best way to prioritize those improvements for implementation. The KOA team will propose prioritization criteria that will include closure of critical gaps, cost effectiveness, and local/ political community support, and so forth. KOA will work with the City to rank the importance of each item in the prioritization criteria and work to select the highest ranking improvements.

Network
Need
Equity
Feas4L7al�ty
and Support
Sys=tem -wide
sicanificance
Safer,
Quantifies the impact of pedestrian and bicycling
infrastructure improvements proposed that dose
gaps and extend existing features
Addresses accident dusters, high volume
Iocations or poor existing conditions and
potential safety hazards for those walking and
r icycring
Number of times a corridor
intersects with another corridor
in the proposed network.
ber of pedestrian- and
involved collisions within
rifer of the corridor (5
yr TIMS:r normalized,
10 to10'.

Active Transportation
to Work
normalized,
e number of people use the
to wnrko 200 feet from corridor;
Number of people wvho walk,
mike, or ride the public
transit too work.
1to5
ion Density
Quantifies the number of people living
200 feet from each corridor,
Number of people living within
each identified corridor.
1 tc;, 5
Employment Density
Quantifies the number of people working within
21;O0 'feet from each coy riclor.

Number of people working
within each identified
corridor.
1 to 5
Number of Attractors
Disadvantaged
Community
Number of cacti tit' centers/destinations for
Fiedestrian and laitycie access such
as retail, schools, parks., and public ser,-vices-
wr�ithirt mile of each corridaa
Using the CalEnviroScreen 3.0 to gauge
disadvantaged cor rnunitie's
Total number of 3ttractors
within each corridor
Ca EnviroScreen 3.0 5;, Score
1tao5
1te'5
Median Household
Income
Median household income to garage economic
resources available
Median household income by
Census Block Group
1 to 5
'+e Ownershl'ip
Vehicle ownership within the tracts that the
schools= along the corridor represent.

Abiii'ty to maximize safety and nobility benefits
relative to the total project cost.

Number of households with one
vehicle or less.,
rroject cost estimates
1 to 5
ito10`
apport
The project has shown diverse ie.q, broach
community support previously or during project..

Presence
Surve'y's
Project Prioritization Criteria developed by KOA
1 to 5
30 15
15 Implementation Framework
KOA will take the list of projects, list them based on the highest priority, and identify time ranges for when the projects and strategies can be deployed
Additionally, KOA will prepare a memo that identifies funding source opportunities, which will cover not just active transportation facility development and implementation, but also for urban greening, trail development, and recreational opportunities. KOA will develop a list of all relevant funding sources, anticipated funding cycle timeline, and minimum requirements, such as local match.

CITY OF BELi GARDENS
36

DO OGY

A LOCHNER COMPANY
KOA will then match projects that are of highest priority with the most appropriate funding sources. We will lay out recommendations on which projects should be paired with a specific funding source. Infographics will also be developed as part of this project to provide the City with easy -to -use resources as they get ready to submit for funding.

5.5 COST ANALYSIS
The KOA engineering team will also prepare itemized cost estimates for the prioritized list of projects and associated amenities. These estimates will be based on industry standard methodologies that will be tailored to these facilities.

5.6 BENEFITS
KOA will additionally develop and provide a list of the expected benefits of the prioritized list of projects and programs that will be included in the Safety Action Plan.

Task 5 (Deliverables:

Prepare visualizations (up to six) for bicycle and pedestrian facilities; Identify a new set of safety projects and programs to include in the Action Plan based on the review of previously -adopted plans; conduct feasibility analysis for proposed projects; conduct project prioritization to identify timeline of implementation; prepare project cost estimates and outline project and program benefits.

TASK 6: FINAL REPORT

6.1 PLAN OUTLINE
KOA will prepare a plan outline, with all elements to be included in the Action Plan.

6.2 DRAFT PLAN
KOA will document all information that was reviewed, analyzed, created, and designed for this project and prepare the Draft Action Plan. The Action plan will include information on methodology, project selection, prioritization, and cost estimates. The Draft Plan will also include an assessment of policies, guidelines, and standards.

We will present the draft plan to the TAC, City committees (up to 2), and City Council for input and comments. We will document comments received through a comment/response matrix.

6.3 FINAL PLAN
Upon receipt of comments by stakeholders, staff, the several committees/commissions, KOA will develop the Final Plan draft, which will also include information on next steps regarding environmental work, permitting, and engineering approvals.

6.4 ADOPTED PLAN
Upon completion of the Final Action Plan, KOA will present it to City Council again to formally approve the Action Plan.

Task 6 Deliverables
Prepare Action Plan outline; Prepare Draft Plan and present to TAC, City committees (up to 2), and City Council.

Prepare final plan, which incorporates input received. Prepare Final Action Plan and present to City Council for formal adoption.
`v f I : SERVIC S'REOR , EF" E OMEN `; ,` SAF `\ ` S FOR" UUACTI ' PIEAIN CITY OF BELL GA€,DENS

SECTION 4 1 APPROACH AND METHODOLOGY,

1.1 Project Kick -Off Meeting

1.2 Monthly Reporting/Invoicing

1.3 Presentation

1.4 Regular Project Management Meetings

1.5 Project Management Plan

1.6 Project Closeout Files

2.1 Outreach & Marketing Strategy

2.2 Online Platform

2.3 Technical Advisory Committee

2.4 Direct Outreach

2.5 Stakeholder Engagement Chapter
$TK»J II V NT0 CY, t APPWtsR A1'Qi,;Af� ALYSN'$

3.1 Update Data Analysis

3.2 Assessment of Existing Policies, Programs and Practices

3.3 Update Existing Conditions Report

4.1 Best Practices Research

4.2 Policy Development and Equity Analysis

4.3 Update Goals, Objectives, and Strategies
TASK FINAL PLAN D V5LOPMENT

5.1 Update Proposed Pedestrian and Bicycle Facilities

5.2 Update Proposed Safety Projects and Program

5.3 Implementation Framework

5.4 Prioritization Analysis

5.5 Cost Analysis

5.6 Benefits

6.1 Plan Outline

6.2 Draft Plan

6.3 Final Plan

6.4 Adopted Plan
Meeting/Deliverable
. I ti' O BEHL GARDENS
KA

A LOCHNER COMPANY
•
•
x8

11 sYn..�.. bn jwq
lolliploppoppol

FEE PROP

A LOCHNER COMPANY
As stated in the RFP, the Fee Proposal is submitted in a separate PDF file named "FEE PROPOSAL - KOA CORPORATION". k E.aANIDIENGENIEEMNGISEIRNMGESIEOIRMNEIDIEK....,.. IIPIMIENEIOIEIIAISAEEREIEEEEIESIIEORIIAEIEIIACIIEIIIOINIIPIUIANIII 39

CITY OF BELL GARDENS

Michael Nilsson
\$E+\1 r 1, t6t\�1 V�i HW y 7+R,\ E U QU Qs Et \ERAIL t\& +U$E + S ;i\
AND r` a\ 1"I MCAT O\N
Certification for Suspension and Debarment

A LOCHNER COMPANY

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY and VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION
(To be submitted with all bids exceeding $25,000)
(1) The prospective lower tier participant (Bidder/Contractor) certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) The prospective Bidder/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(3) Where the prospective lower tier participant (Bidder/Contractor) is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this bid or proposal.

The lower tier participant (Bidder/Contractor), KOA Corporation , certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.

Signature of Contractor's Authorized Official
Name of Contractor's Authorized Official
Principal/Director of Planning Title of Contractor's Authorized Official 11/0612024
Date
` ` `v NGI R NG \ ' W1C STOR!T EC + a OPNIEN `; P A;;,5 E T .t ' " ,, Tt1 ZPA` ', 4.0

CITY OF FELL GARDENS

\$E+\1 r 1, t6t\�1 V�i HW y 7+R,\ E U QU Qs Et \ERAIL t\& +U$E + S ;i\
AND r` a\ 1"I MCAT O\N
Certification for Suspension and Debarment

A LOCHNER COMPANY

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY and VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION
(To be submitted with all bids exceeding $25,000)
(1) The prospective lower tier participant (Bidder/Contractor) certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) The prospective Bidder/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(3) Where the prospective lower tier participant (Bidder/Contractor) is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this bid or proposal.

The lower tier participant (Bidder/Contractor), The Arroyo Group , certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.

Philip Burns
Principal/President
10/31/2024
Signature of Contractor's Authorized Official
Name of Contractor's Authorized Official
Title of Contractor's Authorized Official
Date
` `v NSI R G'!SEW1C TOTHE+ V MENT`; P A;;,5 ' " T . T .t P AU Tt1 ZP A` I 4. I

CITY OF BELL GARDENS

E12) FEDERAL _ ,v,&, ,U$E
Byrd Anti -Lobbying Amendment Certification

A LOCHNER COMPANY

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND

COOPERATIVE AGREEMENTS
(To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] `v N I "SSEVIC1 S'REOR ,HV`1 1 , N, N "`; "l ,`A;;,S ≥ " ` 1 T . , Tl ' P, ', 42

CITY OF BELL GARDENS

EI::) FEDERAL C &, ,U$E

A LOCHNER COMPANY
The Contractor, KOA Corporation certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.G. A 3801, et seq., apply to this certification and disclosure, if any.

Michael Nilsson
Signature of Contractor's Authorized Official
Name of Contractor's Authorized Official
Principal/Director of Planning Title of Contractor's Authorized Official 11/06/2024
Date
! N I R G'!SEW10 STOR!T EF`1 V , MENT`; "I ,`A;;,5 ' " `T . T P 5A ,A TI ZPA` '

CITY OF BELL GARDENS
43

E12) FEDERAL _ ,v,&, ,U$E
Byrd Anti -Lobbying Amendment Certification

A LOCHNER COMPANY

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND

COOPERATIVE AGREEMENTS
(To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] `N `v NGf I G !SEVI.CE `V `TT EF`1 V , M, NT`; "I ,`A;;,5 ' " `T T PFOR , T1 ZPt A` A 44.

CITY OF BELL GARDENS

E12) FEDERAL C &, ,U$E

A LOCHNER COMPANY
The Contractor, The Arroyo Group certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.G. A 3801, et seq., apply to this certification and disclosure, if any.

Philip Burns
Principal/President
10/31/2024
Signature of Contractor's Authorized Official
Name of Contractor's Authorized Official
Title of Contractor's Authorized Official
Date
`v I R G'!SEW1O STOR!T EF`1 V OMEN `; "I ,`A;;,5 ' " `T . T P 5UO TI ZPA` '

CITY OF BELL GARDENS

\\1�1 THE `\
o I\\Y'S CITY'S �i t f r PROPOSAL a\\'

A LOCHNER COMPANY

ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, Michael Nilsson [insert name] am the Principal/Director of Planning [insert title] of KOA Corporation [insert firm name], the party making the proposal for award of an Agreement for PLANNING AND ENGINEERING SERVICES ("Proposer") and, on behalf of the Proposer, hereby:

Accept City's Standard Form of Agreement — check one box.

As is, without qualifications or modifications.

X As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.

Executed this 6th day of November, 2024 at
Signature of Officer
Michael Nilsson
Printed/Typed Name of Officer
Principal/Director of Planning
Title of Officer
Monterey Park
, California.
`v GI R NG W]O 'S\V `THE " a M, NT " ,` ;;,5 ' " `\ EECS FOP A T1 ZP AN 46 CITY OF FELL 6A€RDENS

`\
O THE. CITY'S \\`' REQUEST� i t f r PROPOSAL a\\'

A LOCHNER COMPANY
KOA acknowledges receipt of the City's sample "Professional Services Agreement". Due to industry -standard limitations placed on us by our insurers, KOA requests the following modifications. Please note the red strike -through and blue text indicates our requested edits.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their faest experience skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highcs st-a �fess� degree of skill and care normally employed by professionals engaged to perform services similar to the Services required herein at the same time and in the same geographic area as the performance of Services hereunder and on projects similar in size and scope to the Project
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the hi he� t� a�s standard of care of CONSULTANT's profession.

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and-'eTt tees (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, reasonable attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. `v NG R NG i "lRW1O 'S\V `THE' " a , MEN i " ,` ;;,5 ' EECS FOP A T11 P iA 47 CITY OF BELL GA€;DENS

`\
O THE. CITY'S \\`' REQUEST� i t f r PROPOSAL a\\'

A LOCHNER COMPANY
CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement. All reports, drawings, specifications, documents, and other deliverables of Consultant, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. City agrees to indemnify Consultant and Consultant's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized reuse, change or alteration of these Project documents.
?' L ! C 1 ' ,, ;,AND`v Gf RTNG E W1O S\V `THE' " a M N \; ' ,` ;;,5 ' " `\ .EEC" . ' " `M ,, T1 E PLA N 48 CITY OF BELL GA€;DENS

SECTION
GATION

A LOCHNER COMPANY
In April 2017, KOA was hired by WMWD to provide construction management and investigation services on the La Sierra Pipeline Project in Riverside California. Due to alleged errors and deficiencies in Webb's design, the project was delayed and experienced cost overruns. Ultimately, the project was completed in June 2019, and allegedly resulted in cost overruns in excess of $1 million. On May 1, 2019, WMWD filed a complaint against Webb for (1) professional negligence; (2) breach of contract; and (3) breach of express warranty. On January 2, 2020, Webb filed a counterclaim against WMWD and a complaint against KOA seeking equitable indemnity. On April 20th, 2023, the parties settled at mediation without any admission of liability.
k N'.a'dl N* c_.ss .. _ _IABBIACINONIPICANI

49. CITY OF BELL GARDENS

SECTI
AC©

CERTIFICATE OF LIABILITY INSURANCE

A LOCHNER COMPANY

DATE (MEVDD,
5/2/2024
THIS CERIU-ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TI-IIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Greyling Ins Brokerage/EPIC
3780 Mansell Road, Suite 370
Alpharetta GA 30022

INSURED HWLOCHNE
K0A Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754

CONTACT
NAME: Greying COI Specialist

PHONE FAX
IA/C, No. Exu: 770.670.5324 0,/_c_NyL770.670.5324
AD"DR°ESS: [email protected]

INSURER(SI AFFORDING COVERAGE NAIC P
_INsl1RER __
INSURER D. Lloyd's of London 85202
INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 1662681384
REVISION NUMBER:

THIS
INDICATED.

CERTIFICATE

EXCLUSIONS
INSR
LTR

IS TO CERTIFY THAT THE POLICIES

NOTWITHSTANDING ANY REQUIREMENT,

MAY BE ISSUED OR MAY

AND CONDITIONS OF SUCH

TYPE OF INSURANCE
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR. THE POLICY PERIOD

TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

ADDL SUBR POLICY FEE POLICY EXP

INSD WVD POLICY NUMBER (MWDD/YYYY) (MWDD/YYYY) LIMITS
A
X
GENT
COSI0IERCIAL GENERAL,LIABILIIY
........ CLAIMS -MADE X.... OCCUR
AGGREGATE LIMIT APPLIES PER:

POLICY X I Jg� 1.OC

OILIER,
7092014905 5/1/2024 5/1/2025 EACH OCCURRENCE

DAMAGE TO D
PREMISES (Ea occcuunenc f
MED EXP (Any one person)
PERSONAL. &ADV INJURY

GENERAL AGGREGATE

PRODUCTS COMP/OP AGO
$1,000,000
_.... ......... .........

B
AUTOMOBILE LIABu1TY

X ANY AUTO
OWNED

AUTOS ONLY

X HIRED

AUTOS ONLY

SCHEDULED
AUTOS
x NON -OWNED

AUTOS ONLY
7091863062 5/1/2024 5/1/2025 I COMBINED SINGLE LIMIT $1,00Q000 jEa accidents
; BOOB.Y INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
, (Per accudont)
A

X UMBRELLA LIAR X

EXCESS LIAR
DED X REIEN1'ION S
O
OCCUR

CLAIMS -MADE
1n nun
7092036547 5/1/2024 5/1/2025 EACHOCCURRENCE

AGGREGATE
$15,000,000
i $15,000,000
$
C
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANYPROPRIETORMARTNER/EXECUFIVE
OFFICER/MEMBEREXCLUDED? N
(Mandatory in NFL)
Byes, descnbe under
DESCRIPTION OF OPERATIONS below
N/A
7092004665 5/1/2024 5/1/2025 .X PER OTFI
STA'PUI`E ER_
7092009168 5/1/2024 5/1/2025
E.L EACHACCIDENT $1 000,000
— — J - - -
E ... DISEASE EA EMPLOYEE $1,000,000
= E.L DISEASE - POLICY LIMIT , $1,000,000
D
Professional liability led.

Pollution Liability
B0146LDUSA2405260 5/1/2024 5/1/2025 Per Claim $10,000,000 Aggregate ! $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mom space is required)

CERTIFICATE HOLDER

CANCELLATION
Sample Certificate

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

CITY OF BELL GARDENS

ATTACH

RFP FORM - BIDDERS LIST

A LOCHNER COMPANY
KOA Corporation
Planning and Engineering Services for the Development
of a Safe Streets for All Action Plan (SS4A)
Proposer
RFP Number
The U.S. Department of Transportation (DOT) requires the City to create and maintain a Bidders List containing information about all firms (DBEs and non -DBEs) that bid, propose, or quote on the City's DOT - assisted contracts in accordance with 49 C.F.R., Part 26.11. The "Bidders List" is intended to be a count of all firms that are participating, or attempting to participate, on DOT -assisted contracts, whether successful or unsuccessful in their attempt to obtain a contract.

The Proposer is to complete all requested information for every firm that submitted a bid, proposal, or quote, including the Proposer itself and any proposed subconsultants. The Bidders List form shall be submitted with each proposal submitted by the Proposer to the City and for all bids, proposals, or quotes received by the Proposer for the pre -construction phase of this Project. Please note that the City will request that this form be executed again if Proposer is awarded construction work on the Project as new subcontractors will then need to be identified. s. The Bidders List content will not be considered in evaluating the proposal or determining award of any contract.

Name of Prime's Firm:

KOA Corporation
Phone: ( 323 ) 260 - 4703
Firm Address: 1100 Corporate Center Drive, Suite 201
Email Address: [email protected]
City Monterey Park
ST CA
ZIP 91754
Number of years in business: 37
Type of work/services/materials provided:

Transportation Engineering
Mobility Planning
Construction Management
Contact Person: Michael Nilsson, AICP CTP
Title: Principal/Director of Planning
Is the firm currently certified as a DBE under 49 C.F.R., Part 26? ❑ Yes © No
Proposer has DBE Certification in the following categories (place an "X"):
❑ Black American ❑ Asian Pacific American
❑ Native American ❑ Women
❑ Hispanic American ❑ Subcontinent Asian American
❑ Other
Check the box below for your firm's annual gross
receipts last year:
❑ Less than $1 million
❑ Less than $5 million
❑ Less than $10 million
❑ Less than $15 million
X❑ More than $15 million
RFP FORM _ (CONT'D) - BIDDERS LIST
';iPE 'i N1 '. ?,NDAdgVEISV'iliNEERINGZ IEW(O ' ;` c. , `T ' "EVEE MEET°`; " ,` ,;, ' ,, T RE'ORMt TI " "PAN'` CITY OF BELL bra WDENS

BIDIDElkS 1ST

A LOCHNER COMPANY
Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal.

Name of Subconsultant's Firm:

The Arroyo Group
Firm Address: 40 E. Colorado Boulevard, Suite E
Email Address: [email protected]
Phone: ( 626 ) 795 - 9771
City Pasadena
ZIP 91105
Number of years in business: 48
Type of work/services/materials provided:

Urban Planning
Community Engagement
Urban Design
Contact Person: Philip Burns, AICP
Title: Principal
Is the subconsultant's firm currently certified as a DBE under 49 C.F.R.,
Part 26? X❑ Yes ❑ No
Subconsultant has DBE Certification in the following
categories (place an "X"):
❑ Black American
❑ Native American
❑ Hispanic American
❑ Other
X❑ Asian Pacific American
❑ Women
❑ Subcontinent Asian American
Check the box below for your firm's annual gross
receipts last year:
® Less than $1 million
❑ Less than $5 million
❑ Less than $10 million
❑ Less than $15 million
❑ More than $15 million
If necessary, this Bidders List form can be duplicated to include all firms (DBEs and non -DBEs) that have submitted a bid, proposal, or quote on this DOT -assisted Project, whether successful or unsuccessful in their attempt to obtain a contract.
`v Gf RIN SIE.W1O S\V `THE' \` ' a , M, N ' ,` ;;,5 ' " `\ .EEC" . ` ,, T1 ZPA '

CITY OF BELL GARDENS

SEC ION

ATTACHMENT' FOR
RC -DBE C01\4
ENT
T

LOCAL AGENCY PROPOSER RC -DBE COMMITMENT

A LOCHNER COMPANY
This form must be submitted with the proposal.

1. Local Agency City of Bell Gardens 2. Contract RC -DBE Goal (%) 6%

3. Project Description Safe Streets for All Action Plan

4. Project Location Bell Gardens, CA

5. Proposers Name KOA Corporation 6. Prime Certified DBE ❑ 7. Total Contract Award Amount:

8. Total Dollar Amount for $213,300 9. Total Number of ALL Subcontractors 1 ALL Subcontractors

10. Description of Work, Service, or Materials Supplied Urban planning, community engagement, & urban design

FOR AGENCY TO COMPLETE

20. Agency Contract No.

21. Federal -Aid Project No.

22. Contract Execution Date

11. DBE
Certification
Number
44693
Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise.

23. Signature of Agency Representative 24. Date

25. Agency Representative Name (please print or type)

26. Agency Representative Title

27. (
Phone Number
12, DBE Contact Information
(must be certified prior to submission -include
RC -DBE name, address
and phone number)
The Arroyo Group,,,, Philip Burns,,,..,,,..
40 E. Colorado Boulevard, Suite E,
-Pasadena,-CA-9110a
(626)..795 9771 . .... ..
$ 31,880

14.95 14.Total Claimed RC -DBE Commitment:

3. DBE Dollar Amount
$31,880

15. Signature of Proposer
11/06/2024
( 323 ) 260 - 4703

16. Date 17. Phone Number
Michael Nilsson

18. Name of Proposer (please print or type)
Principal/Director of Planning

19. Title of Proposer
Distribution: (1) Original - Agency files
Local Agency Proposer RC -DBE Commitment (Consultant Contracts) — Rev 012623 \9Y \ENI ,`F,t EE4 t; ,G`iSEV'11O SfO T VG' EVEE PM, "NT EWSAF I RE f0fCA11ANCTti1 fPc,A` :

CITY OF FELL GARDENS

SECTION
ATTACHMENT °,`FO

RC -DBE INFORMATION - GOOD FAITH EFFORTS
Federal -aid Project No. TBD
Bid Opening Date: 10/16/2024

A LOCHNER COMPANY
The City has established a Race -Conscious Disadvantaged Business Enterprise (RC -DBE) goal of 6% for this project. The information provided herein shows that a good faith effort was made. Good Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non -responsive to the DBE requirements.

Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the "Local Agency Bidder — RC -DBE Commitment" form indicates that the Proposer has met the RC -DBE contract goal. This will protect the Proposer's eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC -DBE firm was not certified at bid opening, or the Proposer made a mathematical error.

The submittal of only the "Local Agency Bidder RC -DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.

The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC -DBE participation:
a. The names and dates of each publication in which a request for RC -DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication:

Publications
N/A
Dates of Advertisement
N/A
b. The names and dates of written notices sent to certified RC -DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC -DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc.

Names of RC -
DBEs Solicited
The Arroyo Group
Date of Initial Follow Up
Solicitation Methods and
Dates
10/23/2024 Email & Phone Call 10/28/2024
c. The items of work which the Proposer made available to RC -DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC -DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC -DBE `v � N RI. .G E 'W1 S\V \!!» ,HE' D ' V PMENI ..CX5 ' .: P T1 'ZP.A\ �, 54 (:ITY OF BELL GA€;DENS

SECTION
ATTACHMENT °,`FO

A LOCHNER COMPANY
participation as follows (please provide documents that sufficiently evidence the effort):

Items of Work Proposer Breakdown of Items Amount Percentage Normally ($) Of
Performs Item Contract
(Y/N)
Community Engagement - Outreach & Marketing Strategy, Online Platform, Technical Advisory Committee, Direct Outreach, and Stakeholder Encacement Chapter

14.95% of Contract - $31,880
d. The names, addresses and phone numbers of rejected RC -DBE firms, the reasons for the Proposer's rejection of the RC -DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RC - DBE if the selected firm is not a RC -DBE.

1. Names, addresses and phone numbers of rejected RC -DBEs and the reasons for the Proposer's rejection of the RC -DBEs:

N/A

2. Names, addresses and phone numbers of firms selected for the work identified above:

N/A
e. Efforts made to assist interested RC -DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC -DBEs:

N/A
Efforts made to assist interested RC -DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and `v GI LEER N G \ "WW'j S V\ R THEDE' V , M, N ' ,` ;;,5 ' " " ' ; .g " AU,, T( Z ' A ', 55 CITY OF SELL GA€;DENS

SECTION
ATTACH
GOOD ` ;, FAITS` EFFORTS
$
g.

A LOCHNER COMPANY
equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate:

N/A
The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC -DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.

Name of
Agency/Organization
Method/Date of
Contact
Results
N/A
h. Any additional data to support a demonstration of good faith efforts please include here.

Proposers are advised to attach all requested documents to this form.

Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts.
` `v I I :G WW1O STOR!T EF" V i M, N "`; ' ,` ;;,5 ` " `\ E PEOR +M`,, TI Z!P A` ', 56 CITY OF BELL GA€;DENS

X#24236

LOS ANGELES CORPORATE OFFICE
"1100 Corporate Center Drive, Suite 20"1
Monterey Park, CA 9 754
(323) 260.4703

ORA GE COUNTY OFFICE
333 Sw Anita Drive, Suite 800
Orange, CA 92868
(714) 573-0317

INLAND E PIRE OFFICE
3190 Shelby Street, Idg C.

Ontario, CA 91764
(909) 690...9693

SAN DIEGO OFFICE
5095 Murphy Canyon Road, Suite 330
San Diego, CA 92123
(619) 663-2933

A LOCHNER COMPANY
w.koacoro.com

EXHIBIT "C"

FEE SCHEDULE
23

Pi el,01i g;' nd''E n it eeri,ng ervi'ces
or, the SDevelopment,; a Sa,
Streets or' All Ac ion 'PIar

0 B)
CD
CD
O3
W
O
O1
v
zCOS ` AND RICTh f Fit OPOSAt_

1. 1 Project Kick -Off Meeting

1. 2 Monthly Re po rting/Invo icing
=ME =MI IIIII EIIIIIII

IIIIIIIIIIIIIIIIIIIIIIIIIIIICIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIENIIIIIIIIIIZIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

IIIIIIIIIIMIIIIIIIIIIIIIIIINIIIDIIIIMIIIIIIIIMIIIIIIIINIIIIIIIIIIIIIIMIIIII ----®---®IIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIKIIIIIIIIIIIIIIIIIEIIIIIIIIIIKIIIIIIIIIIIIIINCIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMEINI -
55000
690 00
3,900.00
1 4 Regular Pro ject M anagement Meetings

1.5 Pro ject Management Plan

1. 6 Project Closeou t Files
640 .00
51,690 .00
53,900 .00
51,640.00
MIMEO

2.1 Ou treach & M arketing Strategy
22 O nline Platfo rm
23 Te chnical Adv iso ry Committee

2.4 Dire ct Outreach

2. 5 Stakeho lder Engageme nt Chapter
4500 ,00

3.1 Update D ata A nalysis

3.2 Assessmen t of Ex isting Policies, Programs and Practices 33 Update Existing Conditions Report
56 42 Po licy De velo pme nt and Equity Analysis
43 Update Go als, Objectives, and Strategies
MIEN
$50.00
0500.00
51,000.00
0450,00
$1,000.00
$2,450 .00
780 00
640 00
00 00
81,680 .00
00 00
040 00
280.00
$3 ,84000
0 .500 .00
2,20000
$3,200 00
51,780 00
8640.00
$17,570.00
52,580.00
011,440.00
57 ,120.00
$22,62000
55,480 00
$49 ,240.00
512 .560 Uri
6,71000
7 .200 00
$0.00
$12,56000
56,710 00
$17,20000
$06,470.00

9.280.0
016 .72000
860.00
$29 ,860 .00
59,280.00
$16,72000
53,860 .00
829,860.00
54 446574 j

5.1 Update Pro po se d Pedestrian an d Bicycle Facilities 52 Update Pro po sed Safety Pro jects and Pro gram

5.3 Implementation Framework

5.4 Prio ritization Analysis
21 .96000
NEW
__

8.820.00
6 ,640 .00
5,70000
9,760 .0
Tilia-frifiN ALA IDEOltrab7 ,7119-.14 -7,16" 9, -7-16-67-1-91615_967-71-9-9,98--89946,781,9-5 .7-: 5 -066646 66 44464446 j6664646666644:066646-447- 646 F0j-4464-44 06744 75 0666 04 6 -

6.1 Plan Outlin e

6. 2 Draft Plan
6A Ado pted Plan
$0.00
$000

80.00 $0.00

2.280 00

00.00 620.00
000 .00
$0.00
5 021,96 000
58,820 .00
06,640 00
$5,700 00
59,760,00
51,280 .00
$54,16000
02,280.0
$17,100 00
$5.620.00
51,000.00
$26,000.00

0. 1 Urban Design Input an d Re nderings (5)
Total ',Mill_
6 ptie nalTask Subto tal 0®00000��
6 -508 24 -- =-6 ,64 _ 2- _"0 1j102 UAW
$0.00
000
21 .00000
$21,00000
$21,000.00
_sz-34.3
DBE Percentage
Base Servic es
With Optional
1495 %

22.579

X#4258

LOS ANGELES CORPORATE OFFICE
"1100 Corporate Center Drive, Suite 20"1
Monterey Park, CA 9'754
(323) 266.4713

ORA GE COUNTY OFFICE
333 S. Anita Drive, Suite 800
Orange, CA 92868
(714) 573-0317

INLAND E FIRE OFFICE
3190 Shelby Street, Idg C.

Ontario, CA 91764
(909) 890-9693

SAN DIEGO OFFICE
5095 Murphy Canyon Road, Suite 330
San Diego, CA 92123
(619) 683-2933

A LOCHNER COMPANY
w.koacoro.com

EXHIBIT "D"

FHWA REQUIRED FEDERAL PROVISIONS AND CERTIFICATIONS
24

During the performance of the Agreement, the selected Consultant and any subconsultants will agree to comply with the following FHWA Required Federal Clauses and Certification provisions. The required certifications that need to be completed and submitted as part of your proposal are at the end of this document. The following requirements apply to all contracts and subcontracts.

1. Civil Rights Requirements and Equal Employment Opportunity Clause 1(A) Nondiscrimination — In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C., 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.6102, Section 202 of the Americans with Disabilities Act of 1990, and 42 U.S.C. 12132, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. In addition, the contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FHWA may issue. 1(B) Equal Employment Opportunity — 41 CFR 60-1.4(a)- Government Contracts. Except as otherwise provided, each contracting agency shall include the following equal opportunity clause contained in section 202 of the order in each of its Government contracts and subcontracts (and modifications thereof if not included in the original contract). During the performance of this contract, the contractor and its subcontractors agrees as follows:
a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such

employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
d) The contractor will send to each labor union or representative of workers with which it has a collective bargaining Agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
f) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
g)
In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

2. Disadvantaged Business Enterprise (DBE) Provision - 49 CFR 26 This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA LU, 23 U.S.C. § 101. A separate contract goal of 6% DBE participation has been established for this procurement. The City, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority's (Metro's) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). The City is required to include all other DBE requirements and flow -down clauses in their solicitation and contract(s) as identified in the DBE Attachment (Attachment B) for DOT -Assisted Contracts and Disadvantaged Business Enterprise Implementation Agreement for Subrecipients.

3. Sanctions and Penalties for Breach of Contract - 2 CFR Part 200 Appendix II (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. FHWA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract.

Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various Federal third -party contracts.

Disputes - Disputes arising in the performance of this Contract which are not resolved by Agreement of the parties shall be decided in writing by the authorized representative of the City. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City shall be binding upon the Contractor and the Contractor shall abide by the decision.

Performance During Dispute — Unless otherwise directed by the City, the Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act of omission of the party of any of his employees, agents, or others whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

Remedies - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor arising out of or relating to this Agreement or its breach will be decided by arbitration if the parties mutually agree,

or in a court of competent jurisdiction within the State in which the City is located.

Rights and Remedies - The duties and responsibilities imposed by the Contract Document and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right of duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agree in writing.

4. Termination for Cause and Convenience - 2 CFR Part 200 Appendix II (B) All contracts and subcontracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement.

Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same and dispose of it in the manner the City directs.

2. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be in effect by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

3. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor thirty (30) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If the Contractor fails to remedy to the City's satisfaction the breach or default or any of the terms, covenants, or conditions of this contract within [ten (10) days] after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the City

from also pursuing all available remedies against the Contractor and its sureties for said breach or default.

4. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract.

5. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

6. If, after serving a notice of termination for default, the City determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

5. Rights to Inventions Made Under a Contract or Agreement - 2 CFR Part 200 Appendix II (F) If the Federal award meets the definition of "funding Agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding Agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

6. Clean Air Act / Federal Water Pollution Control Act - 2 CFR Part 200 Appendix II (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

7. Energy Efficiency - 2 CFR Part 200 Appendix II (H)
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

8. Debarment and Suspension - 2 CFR Part 200 Appendix II (I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

This contract is a covered transaction for the purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded, or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City.

If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

9. Byrd Anti -Lobbying Amendment - 2 CFR Part 200 Appendix II (J) - Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) —Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the non -Federal award.

Certification for Suspension and Debarment

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY and VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION
(To be submitted with all bids exceeding $25,000)
(1) The prospective lower tier participant (Bidder/Contractor) certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) The prospective Bidder/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(3) Where the prospective lower tier participant (Bidder/Contractor) is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this bid or proposal.

The lower tier participant (Bidder/Contractor), , certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.

Signature of Contractor's Authorized Official
Name of Contractor's Authorized Official
Title of Contractor's Authorized Official
Date

Byrd Anti -Lobbying Amendment Certification

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND

COOPERATIVE AGREEMENTS
(To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to We or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor, , certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

Signature of Contractor's Authorized Official
Name of Contractor's Authorized Official
Title of Contractor's Authorized Official
Date

EXHIBIT "E"

RC -DBE INSTRUCTIONS FOR METRO SUBRECIPIENT AGENCIES
25

RACE -CONSCIOUS INSTRUCTIONS FOR DOT -ASSISTED CONTRACTS The City has established a RC -DBE contract goal for this Agreement of 6%. The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance.

1. DEFINITIONS
a. The term "Disadvantaged Business Enterprise" or DBE means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR).
b. The Term "Race Conscious Disadvantaged Business Enterprise" or RC -DBE.

DBE classes have been determined to have a statistically significant disparity in their utilization in previously awarded transportation contracts. RC -DBE's include all DBE groups, specifically: Black Americans, Native Americans, Asian - Pacific Americans, Hispanic Americans, Subcontinent Asian Americans, and Women
c. The term "Agreement" also means "Contract."
d. Agency also means the local entity entering into this contract with the Consultant.
e. The term "Bidder" shall mean prime contractor or prime consultant submitting a bid or proposal to recipient organization. The terms "Proposer" or "Offeror" may also be used in lieu of "Bidder."
The term "Small Business" or "SB" is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY
a. DBE's and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (see 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBE's and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
b. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBE's.

3. SUBMISSION OF RC -DBE INFORMATION

If there is an RC -DBE contract goal on this contract, the Proposer, in order to be considered responsible and responsive, must make good faith efforts to meet the goal established for the contract. If the goal is not met, the Proposer must document adequate good faith efforts and submit documentation at the time of bid or proposal due date. If the Proposer fails to submit good faith effort documentation at the time of bid or proposal due date, the Proposer will be considered non -responsive. Only RC -DBE firms certified through the CUCP will be counted towards the contract goal; however, all DBE participation shall be collected and reported.

For contracts with RC -DBE contract goals, the resulting contractor shall utilize the specific DBEs listed unless the contractor obtains the City's prior written consent and unless the City's consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

All Proposers are required to submit the following items to the City:

1. The name and addresses of DBE firms that will participate in the contract;

2. A description of the work that each DBE will perform. Each DBE must be certified in the NAICS code applicable to the work the firm will perform on the contract;

3. The dollar amount of the participation of each DBE firm;

4. Written documentation of the proposer's commitment to use the DBE subcontractor (the signed RC -DBE Commitment Form and/or other documentation) whose participation it submits to meet a RC -DBE contract goal;

5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind of work and amount of work provided in the proposer's commitment; and

6. If the contract goal is not met, evidence of good faith efforts to do so.

If Proposer does not meet DBE goal at time of proposal due date, Proposer must submit its good faith efforts as follows:

1. At time of proposal or bid due date, as a matter of responsiveness, or

2. No later than 5 days after bid opening as a matter of responsibility.

4. RC -DBE PARTICIPATION GENERAL INFORMATION
It is the Proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and Metro's DBE program developed pursuant to the regulations.

Particular attention is directed to the following:
a. A RC -DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). b. A certified RC -DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company.

c. A RC -DBE Proposer not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following;
i. The Proposer is an RC -DBE and will meet the goal by performing with its own forces.

The Proposer will meet the goal through work performed by RC -DBE subcontractors, suppliers, or trucking companies.
iii. The Proposer, prior to bidding, made adequate good faith efforts to meet the goal.
d. A RC -DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks, and profits of the joint venture commensurate with its ownership interest. e. A RC -DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a RC -DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

The Proposer shall list only one subcontractor for each portion of work as defined in their bid and all RC -DBE subcontractors should be listed in the bid list of subcontractors. Firms to be counted toward the DBE Goal must be certified by bid/proposal due date.
g.

A prime contractor who is a certified RC -DBE is eligible to claim all the work in the agreement toward the RC -DBE participation except that portion of the work to be performed by non -DBE subcontractors.
h. To identify certified DBEs, you must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted.

5. RESOURCES
a. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1- 866-810-6346 for assistance. Proposers may call (916) 440-0539 for web or download assistance.
b. Access the CUCP database from the Department of Transportation, Civil Rights, Disadvantaged Business Enterprise Program website at:
https://californiaucp.dbesystem.com .

i. Click on Search for Certified Firms
ii. Searches can be performed by one or more criteria
iii. Follow instructions on the screen

6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE

CREDIT, AND IF A DBE IS ALSO A RC -DBE, PURCHASES WILL COUNT

TOWARDS THE RC -DBE CONTRACT GOAL UNDER THE FOLLOWING
CONDITIONS:
a. If the materials or supplies are obtained from a RC -DBE manufacturer, 100 percent of the cost of the materials or supplies count towards the goal. A RC -DBE manufacturer is a firm that operates, or maintains a factory, or establishment that produces on the premises that materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. b. If the materials or supplies purchased from a RC -DBE regular dealer, count 60 percent of the cost of the materials or supplies. A RC -DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specification and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of doing business.

To be an RC -DBE regular dealer the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be an RC -DBE regular dealer, in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.
c. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not RC -DBE regular dealers within the meaning of this section. d. Materials or supplies purchased from a RC -DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies required or fees or transportation charges for the delivery of materials or supplies on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS

DBE CREDIT, AND IF A DBE IS A RC -DBE, CREDIT WILL COUNT TOWARDS THE RC -DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS:
a. The RC -DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular agreement, and there

cannot be a contrived arrangement for the purpose of meeting the RC -DBE contract goal.
b. The RC -DBE must itself own and operate at least one fully licensed, insured, and operational truck used in the agreement.
c. The RC -DBE receives credit for the total value of the transportation services it provides on the agreement using trucks it owns, insures, and operates using drivers it employs.
d. The RC -DBE may lease trucks from another RC -DBE firm including an owner - operator who is certified as an RC -DBE. A RC -DBE who leases trucks from another RC -DBE receives credit for the total value of the transportation services the lessee RC -DBE provides on the agreement.
e. The DBE may also lease trucks from a non -DBE firm, including an owner -operator.

The DBE that leases trucks equipped with drivers from a non -DBE is entitled to credit for the total value of transportation services provided by non -DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE -owned trucks or leased trucks with DBE employee drivers.

Additional participation by non -DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.

The DBE may lease trucks without drivers from a non -DBE truck leasing company.

If the DBE leases trucks from a non -DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
g. For the purposes of this section, a lease must indicate that the RC -DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the RC - DBE, as long as the lease gives the RC -DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the RC -DBE.

8. DBE SUBCONTRACTING FLOW DOWN REQUIREMENTS:
a. CONTRACT ASSURANCE
Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the

termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non -responsible. b. PROMPT PAYMENT PROVISIONS
The DBE Program, 49 CFR, Part 26, requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City's prior written approval. The California Business and Professions Code, under Section 7108.5, requires that on public works projects, a prime contractor or subcontractor pay to any subcontractor not later than seven (7) days after receipt of each progress payment, unless otherwise agreed to in writing. Any violation of this provision shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. Metro's DBE Program with Federal Highway Administration (FHWA) funds requires a prime contractor or subcontractor pay to any subcontractor not later than seven (7) days after receipt of each progress payment for all contracts.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. Any delay or postponement of payment from the above -referenced timeframes may occur only for good cause following written approval from the City.

Failure to comply with this provision without prior approval from the City will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, withholding of payment to the Contractor of two percent (2%) of the invoice amount due per month, for every month that full payment is not made in accordance with these prompt payment requirements. These requirements apply to both DBE and non -DBE subcontractors.

Prompt Progress Payments to Subcontractors
Contractor will include a contract clause that will require Subcontractors to pay each lower tiered Subcontractor participating on the Project for satisfactory performance of its contract no later than 7 days from the receipt of each payment the Subcontractor receives from Contractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non - DBE Subcontractors.

You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor no later than 30 days after the subcontractor's work is satisfactorily completed.

Prompt Payment of Withheld Funds to Subcontractors
The City shall identify one of the provisions below and include the selected provision in their federal -aid contracts to ensure prompt and full payment of retainage, if applicable, to subcontractors in compliance with 49 CFR 26.29. ❑ Provision #1 — No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval.

Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
❑ Provision #2 — No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor after the subcontractor's work is satisfactorily completed within the following timeframe:

1. For construction subcontracts, retainage must be paid within seven (7) days of receipt unless otherwise agreed to in writing for construction work completed (Section 7108.5 of the CBPC and Section 10262 of the CPCC) Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
❑ Provision #3 — The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency within the following timeframe:

1. For construction subcontracts, retainage must be paid within seven (7) days

of receipt unless otherwise agreed to in writing for construction work completed (Section 7108.5 of the CBPC and Section 10262 of the CPCC) Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
c. TERMINATION/SUBSTITUTION
The contractor must promptly notify the City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor without prior written consent of the City. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. The contractor must give the DBE five days to respond to the contractor's written notice and advise the City and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a respond period shorter than five days. The City shall review the termination/substitution request based on the reasons provided in 49 CFR

26.53. The contractor will include a contract clause stating:

The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the written consent of the City and that, unless the written consent of the City is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

The contractor must make available upon request by the City a copy of all DBE subcontracts. The contractor shall ensure that all subcontracts or an agreement with DBEs to supply labor or materials require that the subcontract and all lower tier subcontractors be performed in accordance with this part's provisions. d. FAILURE TO COMPLY
Failure of the Contractor to comply with any DBE requirement of 49 CFR Part 26 as amended, may subject Contractor to formal enforcement action or

appropriate sanctions by LACMTA, such as the termination of the contract, progressive payment withholding until deficiencies are remedied, and any additional enforcement allowed by the contract.

INSTRUCTIONS - BIDDER'S LIST OF SUBCONTRACTORS
(DBE AND NON -DBE) PART I AND PART II
(CONSTRUCTION CONTRACTS)
ALL PROPOSERS:

The U.S. Department of Transportation (DOT) requires the City to maintain a "Bidders List" containing information about all firms (DBE and non -DBE) that bid, propose or quote on the City's DOT -assisted contracts, in accordance with 49 CFR Part 26.11, for use in the Metro's overall triennial DBE goal -setting process. Therefore, the Proposer shall provide the requested information for every firm who submitted a quote, bid, or proposal, including the primary Proposer, whether successful or unsuccessful in their attempt to obtain a contract:
a. Firm name;
b. Firm address;
c. Phone number
d. A description of the work that each DBE will perform; e. Range of annual gross receipts for the last year;
PART I - Identifies all subcontractors (DBE and Non -DBE) that provided a quote, bid, or proposal.

PART II - Identifies all subcontractors (DBE and Non -DBE) that provided a quote, bid, or proposal but were not selected to participate as a subcontractor on the project.

It is the Proposers responsibility to verify that the RC-DBE(s) falls into one of the following six groups in order to count towards the RC -DBE contract goal: 1) Black American; 2) Asian - Pacific American; 3) Native American; 4) Hispanic American, 5) Subcontinent Asian American, and 6) Women.

RFP FORM - BIDDERS LIST
Proposer
RFP Number
The U.S. Department of Transportation (DOT) requires the City to create and maintain a Bidders List containing information about all firms (DBEs and non -DBEs) that bid, propose, or quote on the City's DOT - assisted contracts in accordance with 49 C.F.R., Part 26.11. The "Bidders List" is intended to be a count of all firms that are participating, or attempting to participate, on DOT -assisted contracts, whether successful or unsuccessful in their attempt to obtain a contract.

The Proposer is to complete all requested information for every firm that submitted a bid, proposal, or quote, including the Proposer itself and any proposed subconsultants. The Bidders List form shall be submitted with each proposal submitted by the Proposer to the City and for all bids, proposals, or quotes received by the Proposer for the pre -construction phase of this Project. Please note that the City will request that this form be executed again if Proposer is awarded construction work on the Project as new subcontractors will then need to be identified. s. The Bidders List content will not be considered in evaluating the proposal or determining award of any contract.

1.0 Proposer's Information
Name of Prime's Firm:

Phone: ( ) -
Firm Address:

Email Address:

Type of work/services/materials provided:

City
ST
ZIP
Number of years in business:

Contact Person:

Title:

Is the firm currently certified as a DBE under 49 C.F.R., Part 26? ❑ Yes ❑ No
Check the box below for your firm's annual gross
receipts last year:
❑ Less than $1 million
❑ Less than $5 million
❑ Less than $10 million
❑ Less than $15 million
❑ More than $15 million
Proposer has DBE Certification in the following categories (place an "X"):
❑ Black American ❑ Asian Pacific American
❑ Native American ❑ Women
❑ Hispanic American ❑ Subcontinent Asian American
❑ Other
RFP FORM _ (CONT'D) - BIDDERS LIST

Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal.

1.0 Subconsultant's Information
Name of Subconsultant's Firm:

Phone: ( )
Firm Address:

Email Address:

Type of work/services/materials provided:

City
ST
ZIP
Number of years in business:

Contact Person:

Title:

Is the subconsultant's firm currently certified as a DBE under 49 C.F.R.,
Part 26? ❑ Yes ❑ No
Check the box below for your firm's annual gross
receipts last year:
❑ Less than $1 million
❑ Less than $5 million
❑ Less than $10 million
❑ Less than $15 million
❑ More than $15 million
Subconsultant has DBE Certification in the following
categories (place an "X"):
❑ Black American ❑ Asian Pacific American
❑ Native American ❑ Women
❑ Hispanic American ❑ Subcontinent Asian American
❑ Other
If necessary, this Bidders List form can be duplicated to include all firms (DBEs and non -DBEs) that have submitted a bid, proposal, or quote on this DOT -assisted Project, whether successful or unsuccessful in their attempt to obtain a contract.

INSTRUCTIONS - LOCAL AGENCY PROPOSER RC -DBE COMMITMENT ALL PROPOSERS:

PLEASE NOTE: It is the proposer's responsibility to verify that the RC-DBE(s) falls into one of the following groups in order to count towards the RC -DBE contract goal: 1) Black Americans; 2) Asian -Pacific Americans; 3) Native Americans; 4) Hispanic Americans, 5) Subcontinent Asian Americans, and 6) Women. This information must be submitted with your proposal. Failure to submit the required RC -DBE commitment will be grounds for finding the proposal nonresponsive.

A "RC -DBE" is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Black Americans, Native Americans, Asian -Pacific Americans, Hispanic American, Subcontinent Asian American, or Women.

The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date, Proposer's Name, and Contract RC -DBE goal.

The form has a column for the Description of Work, Service or Materials Supplied to be subcontracted to RC -DBEs (or performed if the proposer is a RC -DBE). The RC -DBE prime contractors shall indicate all work to be performed by RC -DBEs including work to be performed by its own forces if a RC -DBE. The RC -DBE shall provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract. Enter RC - DBE prime consultant and subconsultant certification numbers. The form has a column for the Names of certified RC -DBEs to perform the work (must be certified on the date proposals are due and include RC -DBE address and phone number).

There is a column for the dollar amount of each RC -DBE. Enter the Total Claimed RC - DBE Participation dollar amount and percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of the item is not to be performed or furnished by the RC -DBE, describe exact portion of time to be performed or furnished by the RC - DBE.) Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract.

The exhibit below must be signed and dated by the consultant submitting the proposal.

Also list a phone number in the space provided and print the name of the person to contact.

LOCAL AGENCY PROPOSER RC -DBE COMMITMENT
This form must be submitted with the proposal.

1. Local Agency

3. Project Description

4. Project Location

5. Proposer's Name

8. Total Dollar Amount for
ALL Subcontractors

2. Contract RC -DBE Goal (%)

6. Prime Certified DBE ❑ 7. Total Contract Award Amount:

9. Total Number of ALL Subcontractors

11. DBE
0, Description of Work, Service, or Materials Supplied Certification:

Number

FOR AGENCY TO COMPLETE

20. Agency Contract No.

21. Federal -Aid Project No.

22. Contract Execution Date
Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise.

23. Signature of Agency Representative 24. Date

25. Agency Representative Name (please print or type)

26. Agency Representative Title

27. (
Phone Number
Distribution: (1) Original - Agency files

2. DBE Contact Inform£
ed prior to'subrnis
RC -DBE name, address
lid phone number)'

14.Total Claimed RC -DBE Commitment:

15. Signature of Proposer
( )

16. Date 17. Phone Number

18. Name of Proposer (please print or type)

19. Title of Proposer
Local Agency Proposer RC -DBE Commitment (Consultant Contracts) — Rev 012623

RC -DBE INFORMATION - GOOD FAITH EFFORTS
Federal -aid Project No. Bid Opening Date:

The City has established a Race -Conscious Disadvantaged Business Enterprise (RC -DBE) goal of for this project. The information provided herein shows that a good faith effort was made. Good Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non -responsive to the DBE requirements.

Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the "Local Agency Bidder — RC -DBE Commitment" form indicates that the Proposer has met the RC -DBE contract goal. This will protect the Proposer's eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC -DBE firm was not certified at bid opening, or the Proposer made a mathematical error.

The submittal of only the "Local Agency Bidder RC -DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.

The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC -DBE participation:
a. The names and dates of each publication in which a request for RC -DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication:

Publications Dates of Advertisement
b. The names and dates of written notices sent to certified RC -DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC -DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc.

Names of RC -
DBEs Solicited
Date of Initial
Solicitation
Follow Up
Methods and
Dates
c. The items of work which the Proposer made available to RC -DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC -DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC -DBE

participation as follows (please provide documents that sufficiently evidence the effort):

Items of Work Proposer Breakdown of Items Amount Percentage Normally ($) Of
Performs Item Contract
(Y/N)
d. The names, addresses and phone numbers of rejected RC -DBE firms, the reasons for the Proposer's rejection of the RC -DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RC - DBE if the selected firm is not a RC -DBE.

1. Names, addresses and phone numbers of rejected RC -DBEs and the reasons for the Proposer's rejection of the RC -DBEs:

2. Names, addresses and phone numbers of firms selected for the work identified above:
e. Efforts made to assist interested RC -DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC -DBEs:

Efforts made to assist interested RC -DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and

equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate:
g.

The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC -DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.

Name of
Agency/Organization
Method/Date of
Contact
Results
h. Any additional data to support a demonstration of good faith efforts please include here.

Proposers are advised to attach all requested documents to this form.

Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts.

INSTRUCTIONS - SUMMARY OF MONTHLY DBE PAYMENTS INFORMATION CITY FORM NO. XXX
SUCCESSFUL PROPOSER:

This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract.

The form must be completed for all DBEs — including all RC -DBEs paid for each monthly period. The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed. This field should include a sequential number with the first form having number "1". The date prepared should also be included.

IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project- -including all RC -DBEs listed on the RC -DBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid.

There is a column for the "Dollars Paid This Month". Enter the Total amount paid for each DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period.

Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the "Dollar +/- resulting from Change order Activity" column.

The City Form XXX must be signed and dated by the prime contractor's representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 15th day of each month.

LT5 LO 6L£ abed
VA NTA GED B[ NESS ENTERPRISE (DBE) SU C CTORS PAID REPORT Reporting Period ( fir) :

FO R 10,3
a1 .:
1 71FEC
e� eee
23} tE
P Th 5
PA7€%- A€TE.
m v= ; ...Amo unt
z.
-
:_
E
SU .' PL
-
_
$: _
_:

NE
C
tI APE
_
bFb •;' ss
a fE
TT
RAT P°
-
bib -,ss;
E
T
_
_
ADE[RE SS
E
dT
PPL
-
S EEdnI � F@� &➢ `44}n s: Ti '' shal TANA mm170Ala at 7 t € t1 9 +' E f -__ R's[& ,'7 f bamark m r-Y38E .:� St+xaia- -�

REPORTING PERIOD on 'r):

I FORM 10 Page
El
�3BEs �'a¢
€a€ sfS pga�¢ ..

Prime
Si9(F .liarIs€8€t�E
.... ... ..
#,€1
#
E p r
T OTAL
T�m acac
I nvoic e Date
u
Amo unt

rPa"El
P aid:

P aid
Pai
Paid
Paid
d
'�a�aE5d T ritai 052 E
LT5 JO 08£ abed

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities Karla Gonzalez, Senior Management Analyst
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT

SERVICES AGREEMENT BETWEEN THE CITY OF BELL GARDENS

AND KIMBLE & COMPANY FIRE PROTECTION SYSTEM FOR

EMERGENCY FIRE PROTECTION SERVICES AT CITY HALL AND

THE POLICE DEPARTMENT FACILITY
DATE: January 13, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution approving a Contract Services Agreement with Kimble & Company Fire Protection System for emergency fire protection repairs at City Hall and the Police Department Facility for an amount not -to -exceed $72,600; and

2. Appropriate $72,600 in general funds to complete the emergency repairs.

BACKGROUND/ DISCUSSION:

City facilities with fire protection systems are subject to annual inspections to ensure proper response during emergencies and unforeseen circumstances. The Los Angeles County Fire Department (LACFD) is the local agency that oversees these protocols and deploys inspectors to verify that fire protection systems are working properly.

In preparation for the 2024 annual inspection, it was determined that the Police Department Facility and City Hall have non -compliant fire suppression systems that need immediate repairs and upgrades to conform with local regulations. Failure to immediately perform these necessary repairs could result in administrative citations since the City would be unable to pass the 5 -year Title 19 Certification and Annual Fire Alarm Inspection required by the LACFD. Additionally, these LACFD-required inspections have a direct impact on the operations of the Police Department's detention facility. The Los Angeles County Public Health Department's Environmental Health Division conducts routine inspections to ensure detention facilities meet the minimum health and safety requirements, including fire protection protocols.

Bell Gardens Municipal Code Section 3.04.100(F) provides that the Formal Purchasing Procedures may be dispensed when an emergency, as determined by the purchasing officer, requires that the purchase be completed within a period of time which ^^+ permit normal bidding procedures. Immediate repairs are necessary to restore .Pale 381 of 547

Hall and Police Department Facility's fire protection system's functionality, ensuring that it can effectively detect and suppress fires in the event of an emergency. A formal solicitation procedure would delay the completion of the necessary repairs, compromise the overall fire safety of the facilities and delay certifications required by local agencies.

Public Works reached out to fire suppression contractors and invited them to walk the facilities to understand the scope of work. Most contractors noted they would not submit proposals due to the magnitude and complexity of the project. Kimble & Company Fire Protection Systems (Kimble & Company) was the only contractor that provided a proposal in the amount of $72,600 for the necessary repairs and inspections.

The scope of work in Kimble & Company's proposal includes the following:
• 5 -year Certification per National Fire Protection Association (NFPA) standards. • Annual fire alarm inspection.
• Annual inergen suppression testing on Storage Room system inspection. • Installation of compliant Fire Department Connection signage. • Repair of damaged Fire Department Connection.
• Replacement of existing fire sprinkler monitoring fire alarm system.

Early detection and suppression can slow the spread of fires, allowing emergency personnel to control them more effectively and reduce the risk of injury or loss of life.

These unforeseen repairs for fire protection systems are critical to ensure the safety and protection of all visitors and City employees at City Hall and the Police Department Facility.

CONCLUSION:

If the attached Resolution is adopted, staff will process the agreement for signatures and issue a Notice to Proceed with the repairs to Kimble & Company to ensure the City is in compliance with local regulations.

FISCAL IMPACT:

This is an unforeseen expenditure that was not included in the FY 24-25 budget. Staff is requesting an appropriation in the amount of $72,600 in general funds to complete these necessary emergency improvements.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2025-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A CONTRACT SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND

KIMBLE & COMPANY FIRE PROTECTION SYSTEMS FOR

EMERGENCY FIRE SYSTEM REPAIRS AT THE POLICE DEPARTMENT

AND CITY HALL
WHEREAS, City facilities with fire protection systems are subject to annual inspections to ensure systems are working properly during an emergency; and WHEREAS, the Los Angeles County Fire Department (LACFD) is the local agency that oversees these protocols and deploys inspectors to verify that systems are working properly; and
WHEREAS, it has been determined that the Police Department Facility and City Hall have non -compliant fire suppression systems that need immediate repair and upgrades to conform to local regulations; and
WHEREAS, Bell Gardens Municipal Code Section 3.04.100(F) provides that the Formal Purchasing Procedures may be dispensed when an emergency, as determined by the purchasing officer, requires that the purchase be completed within a period of time which will not permit normal bidding procedures; and
WHEREAS, delays caused by a formal solicitation procedure can compromise the overall fire safety of the facilities and interfere with the City's ability to receive the required certifications; and
WHEREAS, Kimble & Company Fire Protection Systems submitted a proposal to perform the necessary repairs and upgrades at the Police Department Facility and City Hall that will bring the fire systems up to standards; and WHEREAS, due to the immediate repairs required to restore the City Hall and Police Department Facility's fire protection system, and as authorized under Section

3.04.100(F) of the Bell Gardens Municipal Code, the City wishes to enter into a Contract Services Agreement with Kimble & Company Fire Protections Systems.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of BeII Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

Resolution No. 2025-04
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Contract Services Agreement for Emergency Fire Protection Systems with Kimble & Company Fire Protection Systems, which is attached to the staff report as Exhibit 2.

SECTION 3. The City Council further authorizes the City Manager to execute the Contract Services Agreement between the City and Kimble & Company Fire Protection Systems, consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 13th day of January, 2025.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk

Resolution No. 2025-04
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on January 13, 2025, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3

2025

CONTRACT SERVICES AGREEMENT
(Contractor: Kimble & Company Fire Protection Systems)
(Nature of Engagement: Emergency Fire Protection Services at City HaII and Police Department)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2025 (hereinafter, the
"Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and KIMBLE & COMPANY FIRE PROTECTION SYSTEMS (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires immediate repairs to restore the City Hall and Police Department Facility's fire protection system's functionality, ensuring that it can effectively detect and suppress fires in the event of an emergency; and WHEREAS, per Section 3.04.100(F) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), the purchasing policy may be dispensed with when an emergency, as determined by the purchasing officer, requires that the purchase or sale be completed within a period of time which will not permit normal bidding or quotation procedures; and WHEREAS, given the urgency of the required repairs, a formal solicitation procedure would only delay the completion of the necessary repairs, compromise the overall fire safety of the facilities and delay certifications required by local agencies; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of January 13, 2025.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

SECTION 1. SCOPE OF WORK.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide the services and tasks described in that certain proposal of CONTRACTOR entitled "Reference: City Hall and Police Department Fire Sprinkler and Fire Alarm Inspections and Repairs" dated November 23, 2024 1

(hereinafter, the "CONTRACTOR PROPOSAL"), which is attached and incorporated hereto as Exhibit "A". CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term "Work." B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that it will inspect any location where the Work is to be performed and acquaint itself with the conditions of the location prior to commencing any of the Work requested by CITY. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.

In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.

SECTION 2. [Reserved — No Text]
SECTION 3. PROSECUTION OF WORK.

A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within five (5) working days of CITY's issuance of a written notice to proceed ("Notice to Proceed"). The Work shall be completed by February 28, 2025 (hereinafter, the "Completion Date").

CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the WORK of the CITY, its employees or other consultants, contractors or agents.
2

C. CONTRACTOR may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONTRACTOR in order to complete the Work; (ii) how much additional time CONTRACTOR requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONTRACTOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONTRACTOR being able to complete any other service or task; and (iv) what proactive steps CONTRACTOR has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONTRACTOR to alert CITY of the need to provide information or complete certain tasks to be performed by CITY.

CITY in its sole and absolute discretion may grant, deny or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.

CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.

F CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

SECTION 4. COMPENSATION.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.

B. CONTRACTOR's total compensation during completion of the Scope of Work shall not exceed the sum of SEVENTY-TWO THOUSAND SIX HUNDRED DOLLARS ($72,600) (hereinafter, the "Not -to -Exceed Sum"). CONTRACTOR further agrees that the Not -to -Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

C. The Not -to -Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR's compensation includes 3

hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

SECTION 5. STANDARD OF CARE.

A. CONTRACTOR represents, acknowledges and agrees as follows:

CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;

2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Work;

3. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;

4. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization;

5. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;

6. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;

7. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications 4

and approvals shall be maintained throughout the term of this Agreement; and

8. CONTRACTOR shall perform, at CONTRACTOR's sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing in the City Representative's sole and absolute discretion.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

SECTION 6. REPRESENTATIVES.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Bernardo Iniguez, Director of Public Works/Utilities (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, Todd D. Smith, Service Director, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection 5

therewith (hereinafter, the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.

The Contractor's Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 7. CONTRACTOR'S PERSONNEL.

A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of 6

key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

SECTION 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work 7

involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General 8

Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "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." A subcontractor is not allowed to commence the Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work's Director for the CITY's review and records.

In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

SECTION 10. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SECTION 11. INDEPENDENT CONTRACTOR.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of 9

CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer -employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.

SECTION 12. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.
10

SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION. 14. INDEMNIFICATION.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (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 (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil 11