Resolution No. 2025-71
141. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point one hundred twenty-seven (127) feet thereof; 142. On the south side of Watcher Street from a point thirty-five (35) feet from the easterly prolongation of Eastern Avenue to a point one -hundred twenty (120) feet easterly thereof;
143. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty-three (33) feet westerly thereof; 144. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty-eight (328) feet southerly thereof;
145. The north side of Live Oak Street a point ninety-nine (99) feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty-nine (129) feet westerly thereof;
146. The north side of Live Oak Street from a point two hundred twenty-nine (229) feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty-nine (259) feet westerly thereof;
147. The north side of Live Oak Street from a point three hundred seventy-one (371) feet west of the ending radius of Purdy Avenue to a point four hundred seventy- one (471) feet westerly thereof;
148. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;
149. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;
150. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;
151. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;
152. The east side of Purdy Avenue from the prolongation of the Street to a point ten (10) feet northerly thereof;
153. The west side of Purdy Avenue from the prolongation of the Street to a point ten (10) feet southerly thereof;
154. The east side of Purdy Avenue from the prolongation of the Street to a point ten (10) feet southerly thereof;
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north curb of Lubec
south curb of Lubec
south curb of Lubec
Resolution No. 2025-71
155. The west side of Emil Avenue from a point five hundred thirty-five (535') feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty (560) feet southerly thereof;
156. The west side of Ira Avenue from a point three hundred seventy-one (371) feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety-one (391) feet southerly thereof;
157. The west side of Ira Avenue from a point twenty (20) feet south of the prolongation of the south curb of Priory Street to a point forty (40) feet southerly thereof; 158. The west side of Garfield Avenue from a point four hundred eight (408) feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460) feet southerly thereof;
159. The east side of Garfield Avenue from a point four hundred thirty-six (436) feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy-one (471) feet northerly thereof;
160. The west side of Jaboneria Road from a point seven hundred twenty-six (726') feet south of the prolongation of the south curb of Lubec Street to a point seven hundred sixty-six (766') feet southerly thereof;
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213) feet easterly thereof; 162. On the east side of Eastern Avenue from a point three hundred fifty-two (352) feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362) feet northerly thereof;
163. On the east side of Emil Avenue from a point two hundred and seventy-four (274) feet north of the prolongation of the north curb line of Suva Street to a point two hundred eighty-four (284) feet northerly thereof;
164. On the west side of Emil Avenue from a point two hundred and eighty-four (284) feet south of the prolongation of the south curb line of Foster Bridge Boulevard to a point two hundred and ninety-four (294) feet southerly thereof; 165. The south side of Florence Place from a point nine hundred thirty four (934) feet east of the prolongation of the west curb line of Sudan Ave. to a point nine hundred sixty-six (966) feet easterly thereof;
166. The north side of Gotham Street from a point one thousand two hundred twenty- seven (1,227) feet west of the west prolongation of Gephart Avenue to a point one thousand two hundred forty-seven (1,247) feet westerly thereof; 16of30
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167. The east side of Jaboneria Road from a point five hundred thirty-two (532) feet from the east prolongation of Eastern Avenue to a point five hundred eighty-three (583) feet northerly thereof;
168. The east side of Jaboneria Road from a point fifteen (15) feet from the north prolongation of Gotham Street to a point seventy-five (75) feet northerly thereof; 169. The north side of Florence Place from a point five hundred -thirty (530) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred - fifty (550) feet westerly thereof;
170. The east side of Garfield Avenue from a point six hundred forty-four (644) feet from the prolongation of the north curb line of Eastern Avenue to a point six hundred sixty-nine (669) feet northerly thereof;
171. The west side of Eastern Avenue from a point four hundred and fifty (450) feet from the prolongation of the south curb line of Live Oak Street to a point five hundred feet southerly thereof;
172. The east side of Eastern Avenue from a point two hundred and ninety feet from the prolongation of the north curb line of Clara Street to a point three hundred thirty (330) feet northly thereof;
173. The east side of Eastern Avenue from a point thirty (30) feet from the prolongation of the north curb line of Priory Street to a point fifty (50) feet northerly thereof; 174. The east side of Jaboneria Road (6021 Florence Avenue) from a point one hundred fifty feet from the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
175. The south side of Gage Avenue from a point four hundred sixty-three (463) feet from the prolongation of the east curb line of Chalet Drive to a point four hundred seventy-four (474) feet easterly thereof;
176. The west side of Garfield Avenue from a point one thousand one hundred forty- three (1,143) feet from the prolongation of the south curb line of Florence Avenue to a point one thousand one hundred fifty-three (1,153) feet southerly thereof; 177. The north side of Scout Avenue from a point four hundred thirty two (432) feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred thirty-seven (537') feet westerly thereof;
178. The east side of Ira Avenue from a point eight hundred sixty-five (865) feet from the prolongation of the north curb line of Florence Avenue to a point eight hundred ninety (890') feet northerly thereof;
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179. The east side of Garfield Avenue from a point two hundred and sixty-one (261) feet from the prolongation of the north curb line of Clara Street to a point two hundred seventy-six (276) feet northerly thereof;
180. The east side of Kress Avenue from a point three hundred forty-four (344) feet north of the prolongation of the north curb line of Clara Street to a point three hundred forty-seven (347) feet northerly thereof;
181. The east side of Kress Avenue from a point three hundred sixty-four (364) feet north of the prolongation of the north curb line of Clara Street to a point three hundred sixty-nine (369) feet northerly thereof;
182. The south side of Cecilia Street from a point nine hundred sixty (960) feet east of the prolongation of the east curb line of Eastern Avenue to a point nine hundred sixty-three (963) feet easterly thereof; and
183. The south side of Cecilia Street from a point nine hundred seventy-eight (978) feet east of the prolongation of the east curb line of Eastern Avenue to a point nine hundred eighty-one (981) feet easterly thereof.
B. Designated Hours:
The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;
2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
3. The north side of Clara Street, from a point two hundred fifty-five (255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
4. The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
5. The north side of Florence Avenue from a point one hundred ninety-five (195) feet 18of30
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east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
6. The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas; and
7. The north side of Scout Avenue from a point four hundred thirty-two (432) feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred twelve (5120) feet westerly thereof, between the hours of 6:00 a.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted.
II. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):
A. Two-hour parking - 7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted
The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy (570) feet south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;
2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;
3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;
4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);
5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);
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7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);
8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
10. The north side of Suva Street from Emil Avenue to the east City limits;
11. The south side of Suva Street from a point one thousand nine hundred and fifty- five (1,955) feet east of the prolongation of the east curb of Loveland Street to the east city limits;
12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;
13. The east side of Jaboneria Road between Quinn Street and Muller Street;
14. The east side of Emil Avenue from a point seven hundred seventeen (717) feet of the prolongation of the east curb of Florence Place to the north ending at Suva Elementary School;
15. The west side of Emil Avenue from a point six hundred seventy (670) feet of the prolongation of the west curb of Suva Elementary School to Florence Place;
16. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;
17. The south side of Florence Place from Garfield Avenue to Florence Avenue;
18. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;
19. The west side of Eastern Avenue from a point of one hundred thirty (130) feet of the west side prolongation of the west curb line of Jaboneria Road to a point two hundred eighty (280) feet southerly thereof;
20. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;
21. The east side of Eastern Avenue from a point seven hundred twenty-five (725) feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;
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22. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;
23. The east side of Eastern Avenue between the points five hundred forty-five (545) feet and six hundred twenty-five (625) feet north of the prolongation of the north curb of Florence Avenue;
24. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;
25. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;
26. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street; and
27. The north side of Cecilia Street from a point sixth (60) feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof; and
28. On the north side of Agra Street from a point four hundred forty (440) feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481) feet westerly thereof.
B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.
C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:
The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.
Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) 21 of 30
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feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.
E. Two-hour parking at all times:
1 The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.
F. One -hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:
1 The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;
2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;
3. The east side of Eastern Avenue from a point two hundred (200) feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;
4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street; and
5. The east side of Ira Avenue from a point of seventy (70) feet of the east side prolongation of the east side prolongation of the east curb line of Florence Avenue to a point of one hundred seventy-two (172) feet northerly thereof.
III. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:
A. The municipal parking lots adjacent to the Bell Gardens City HaII; parking only for the purpose of conducting business at City HaII;
B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.; and
C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Golf Course during the posted hours of operation.
IV. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section
13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing 22 of 30
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contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.
B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:
1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.
C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The east side of Eastern Avenue from north City limit to south City limit.
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The west side of Eastern Avenue from north City limit to south City limit.
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:
1. Both sides of Florence Avenue;
2. Both sides of Eastern Avenue;
3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street; and
4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof.
V. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:
A. Commercial loading and unloading (yellow curb)
The north side of Cecilia Street from a point twenty-five (25) feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two 23 of 30
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(102) feet westerly thereof;
2. The south side of Quinn Street from a point three hundred forty-five (345) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;
3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;
4. The south side of Scout Avenue from a point one hundred ninety (190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;
5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty- five (255) feet northerly thereof;
6. The west side of Ira Avenue from a point sixty nine (69) feet south of the prolongation of the south curb of Gage Avenue to a point ninety one (91) feet southerly thereof to be in effect from 8:00am to 6:00pm except Saturdays, Sundays and Holidays; and
7. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and fifty-eight (258) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred seventy-eight (278) feet southerly thereof.
B. Passenger loading and unloading (white curb)
The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;
2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;
3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;
4. The south side of Quinn Street from a point one hundred ninety (190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;
5. The south side of Quinn Street from a point three hundred eighty-five (385) feet west of the prolongation of the west curb line of Jaboneria Road to a point six 24 of 30
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hundred sixty (660) feet westerly thereof;
6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;
7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;
8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;
9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;
10. The west side of Jaboneria Road from a point one hundred seventy-two (172) feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;
11. The north side of Loveland Street from a point twenty-seven (27) feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;
12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;
13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;
14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;
15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof;
16. The east side of Garfield Avenue from a point three hundred seventy-five (375) feet north of the northern prolongation of Florence Avenue to a point eight hundred fifty (850) feet northerly thereof;
17. The east side of Perry Road from a point two hundred eighty eight (288) feet north of the prolongation of the east curb line of Florence Avenue to a point three 25 of 30
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hundred forty one (341) feet northerly thereof;
18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty-eight (238) feet southerly thereof;
19. The east side of Ira Avenue from a point two hundred sixty-two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof;
20. The north side of Cecilia Street from a point one hundred and fifty-four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
21. The south side of Florence Place from a point two hundred eighty-eight (288) feet east of the east prolongation of Perry Road to a point three hundred thirteen (313) feet easterly thereof (Monday through Friday 7am to 6pm 6628 Florence Place);
22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof (without period designations, at all times);
23. On the north side of Agra Street from a point three hundred and sixty-three (363) feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523) feet westerly thereof;
24. The west side of Eastern Avenue from a point one hundred and seventy-seven (177) feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207) feet southerly thereof;
25. The north side of Florence Place from a point six hundred forty (640) feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840) feet easterly thereof; and
26. The north side of Live Oak Street from a point one hundred twenty-nine (129) feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty-nine (229) feet westerly thereof.
C. Twenty Minute Zone (green curb)
The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ramish Avenue to a point eighty (80) feet westerly thereof;
2. The north side of Clara Street from a point eighty-five (85) feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) 26 of 30
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feet westerly thereof;
3. The east side of Ajax Avenue from a point sixty-nine (69) feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;
4. The west side of Ajax Avenue from a point eighty-seven (87) feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty- seven (157) feet northerly thereof;
5. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;
6. The west side of Garfield Avenue from a point one hundred (100) feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
7 The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
8. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;
9. The west side of Eastern Avenue from a point sixty-one (61) feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty-two (162) feet southerly thereof;
10. The north side of Clara Street from a point two hundred five (205) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;
11. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;
12. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
13. The west side of Garfield Avenue from a point sixty one (61) feet south of the southern prolongation of Muller Street to a point one hundred one (101) feet southerly thereof;
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14. Request for green curb (20 -minute parking) at 8045 Garfield Avenue (Garfield Market);
15. The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty- nine (339) feet easterly thereof;
16. The south side of Clara Street from a point three hundred and thirty-five (335) feet east of the eastern prolongation of Garfield Avenue to a point thirty-six (36) feet easterly thereof 6334 Clara Street;
17. On the left side of Lubec Street from a point twenty-five (25) feet east of the eastern prolongation of Jaboneria Road, to a point forty-five (45) feet easterly thereof;
18. The east side of Eastern Avenue from a point two hundred eighty-two (282) feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty-two (332) feet northerly thereof to be in effect from 9:OOam to 6:OOpm except on Saturdays, Sundays and Holidays; and
19. On the east side of Garfield Avenue from a point one hundred twenty-three (123) feet north of the northerly prolongation of Buell Street to a point one hundred forty- seven (147) feet northly thereof.
D. Twenty Minute Zone 7:00 a.m. - 6:00 p.m. (green curb) Not Used.
E. Disabled Person Parking (blue curb)
The north side of Priory Street from a point seven hundred eighty-eight (788) east of the eastern prolongation of Jaboneria Road, to a point eight hundred and three (803) feet easterly thereof;
2. The south side of Agra Street from a point three hundred seventy-eight (378) feet of the west prolongation of Jaboneria Road to a point four hundred fifteen (415) feet westerly thereof;
3. On the south side of Lanto Street from a point twenty-six (26) feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46) feet easterly thereof;
4. On the south side of Gotham Street from a point seventy-one (71) feet west of the western prolongation of Ira Avenue to a point ninety-one (91) feet westerly thereof (6142 Gotham St);
5. The south side of Fostoria Street from a point four hundred thirty (430) feet east of 28 of 30
Resolution No. 2025-71
the east prolongation of Eastern Avenue to a point four hundred fifty (450) feet easterly thereof (5844 Fostoria St);
6. The east side of Ajax Avenue from a point five hundred sixty (560) feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580) feet northerly thereof (6536 Ajax Ave);
7. On the south side of Quinn Street from a point six hundred sixty-six (666) feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694) feet easterly thereof (BG Elementary);
8. The north side of Gallant Street from a point three hundred eighty-four (384) feet west of the western prolongation of Ira Avenue to a point four hundred (400) feet westerly thereof (6113 1/2 Gallant St);
9. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and seventy-eight (278) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred ninety-eight (298) feet southerly thereof;
10. The south side of Priory Street from a point four hundred thirty-seven (437) feet from the prolongation of the east curb line of Jaboneria Road to a point four hundred fifty five (455) feet easterly thereof;
11. The north side of Fostoria Street from a point five hundred thirty-nine (539) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred fifty-seven (557) feet westerly thereof;
12. The west side of Adamson Avenue from a point four hundred sixty-eight (468) feet from the prolongation of the south curb line of Lubec Street to a point four hundred eighty-eight (488) feet southerly thereof;
13. The east side of Eastern Avenue from a point five hundred sixty-one (561) feet from the prolongation of the north curb line of Jaboneria Road to a point five hundred eighty one (581) feet northly thereof; and
14. The north side of Live Oak Street from a point two hundred and seven (207) feet from the prolongation of the east curb line of Ira Avenue to a point two hundred and twenty-two (222) feet easterly thereof.
F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb) The north side of Florence Avenue from a point forty-two (42) feet east of the prolongation of the east curb line of Live Oak Street to a point eight -five (85) feet easterly thereof.
VI. The stopping, standing, or parking of a vehicle operated by a government official 29 of 30
Resolution No. 2025-71
displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.
VII. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:
A. Any areas designated in Sections I. and IV. hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited. 30 of 30
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo Iniguez, Director of Public Works/Facilities
SUBJECT: Consideration of a Resolution Approving Amendment No. 2 to the Measure R Funding Agreement #920000000MR306.52 for the
Eastern Avenue and Garfield Avenue Intersection Improvement Project (CIP No. 3881)
MEETING DATE: July 28, 2025
RECOMMENDATION:
It is staffs recommendation that the City Council adopt the attached Resolution approving Amendment No. 2 to the Measure R Funding Agreement #920000000MR306.52 ("Funding Agreement") between City of Bell Gardens and the Los Angeles County Metropolitan Transportation Authority for the Garfield Avenue and Eastern Avenue Intersection Improvement Project.
BACKGROUND/DISCUSSION:
The Los Angeles County Metropolitan Transportation Authority ("Metro") is the lead agency for the I-710 Corridor Project, which is intended to improve the I-710 freeway's traffic flow, air quality, and public health. Metro recognized the need for immediate investment in the corridor by prioritizing local interchange and arterial road upgrades that operate in the I-710 corridor area, until funds for larger corridor improvements become available. These priority projects known as "Early Action" projects are consistent with the I-710 South Corridor project alternatives and can be advanced for earlier delivery. Early Action projects must be approved by the I-710 Technical Advisory Committee ("TAC") to receive funding from the Metro Board.
On August 15, 2018, City staff presented the Eastern Avenue and Garfield Avenue Intersection Improvement Project ("Project") as a priority project for Early Action funding.
The Project is located within a half mile from the I-710 freeway and meets all of the funding criteria. It will improve traffic safety, improve signal operations, reduce congestion, and serve as a parallel alternative route to the I-710 freeway. The scope of the Project will include the re -alignment of the existing "Y" intersection into a "T" intersection at Eastern Avenue and Garfield Avenue, and will relocate the existing City entry monument sign.
The TAC recommended approval of the Project to Metro, and the Metro Board approved the project funding at its meeting in February 2019. The Funding Agreement was executed on April 16, 2019. On August 14, 2023, the City Council approved Amendment No. 1 to the Funding Agreement, which revised the schedule and extend the funds for Fiscal Year 2018-2019 through June 30, 2025.
The proposed Amendment No. 2 would revise the schedule, as illustrated in the table below, and extend the funds for Fiscal Year 2018-2019 through June 30, 2026.
FA Milestones
Revised Schedule
Start Date
End Date
Environmental Clearance (PA/ED)
April 2019
December 2022
Design (PS&E)
April 2019
January 2023
Right -of -Way Support
February 2020
April 2025
Right -of -Way Acquisition
April 2019
April 2025
Construction Bid & Award
May 2025
August 2025
Construction
September 2025
March 2026
CONCLUSION:
An extension of the Funding Agreement will allow for the completion of the planned realignment of the Garfield Avenue and Eastern Avenue intersection from a "Y" configuration to a "T" configuration.
FISCAL IMPACT:
There is no fiscal impact in executing Amendment No. 2 to the Funding Agreement. The Project is estimated to cost $4,635,000 and is being funded by Metro's I-710 Early Action Funding Program.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING
AMENDMENT NO. 2 TO THE MEASURE R FUNDING AGREMEEMENT
BY AND BETWEEN THE CITY OF BELL GARDENS AND THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY
WHEREAS, the Los Angeles County Metropolitan Transportation Authority ("Metro") is the lead agency for I-710 corridor projects; and WHEREAS, these projects are known as "Early Action" projects and require the approval of the I-710 Technical Advisory Committee ("TAC") for funding to Metro; and WHEREAS, on August 15, 2018, the City of Bell Gardens ("City") presented the Eastern Avenue and Garfield Avenue Intersection Improvement Project ("Project") as a priority project for Early Action funding; and
WHEREAS, the TAC recommended approval of the project to Metro in February 2019 and Metro issued Measure R Funding Agreement #920000000MR306.52 ("Funding Agreement"); and
WHEREAS, on April 16, 2019, the City entered into the Funding Agreement with Metro; and
WHEREAS, on August 14, 2023, the City approved Amendment No. 1 to the Funding Agreement; and
WHEREAS, the City and Metro now desire to enter into Amendment No. 2 to the Funding Agreement to extend the lapsing date of the project funds programmed for Fiscal Year 2018-2019 through June 30, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell 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.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other written and oral evidence, the City Council hereby approves Amendment No. 2 to Funding Agreement #920000000MR306.52 by and between the City and Metro, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes the City Manager to execute
Resolution No. 2025-72
Amendment No. 2 with Metro, along with any ancillary documents relating thereto, including any other documents consistent with and necessary to implement and effectuate the intent of the City Council as set forth in 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 28th day of July, 2025.
THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
2 of 3
Resolution No. 2025-72
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 Monday, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
FTI P #: LAOG 1613
Subregion ID: Gateway Cities
Project#: MR306.52
Amendment No. 2
FA# 920000000MR306.52
AMENDMENT No.2 TO MEASURE R FUNDING AGREEMENT
BETWEEN CITY OF BELL GARDENS AND THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 2 to the Funding Agreement (this "Amendment"), is dated as of April 10, 2025, by and between the City of Bell Gardens ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into Funding Agreement No. MR306.52 or 920000000MR306.52 dated March 4, 2019, which was amended on April 27, 2023, (the "Existing FA"), which Existing FA provides for the Garfield Avenue & Eastern Avenue Intersection Improvements Project (the "Project");
B. Whereas, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates for Measure R funding agreements to meet PAED, PS&E, ROW, and Construction time frames;
C. Whereas, the Grantee and LACMTA desire to extend the lapsing date of the Project funds programmed for Fiscal Year FY 2018-19 to June 30, 2026; and D. Grantee and LACMTA desire to amend the Existing FA as provided herein.
Rev: 10.26.2022
1 Measure R Funding Agreement Amendment
Highways — General
FTI P #: LAOG 1613
Subregion ID: Gateway Cities
AGREEMENT:
Project#: MR306.52
Amendment No. 2
FA# 920000000MR306.52
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part II, Section 9.1 (vii) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "(vii) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY 2018-19 are subject to lapse by June 30, 2026."
2. Attachment B-1-1 of the Existing FA is hereby replaced by Attachment B-1-2, attached.
3. Attachment C — Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.
Revised Schedule
FA Milestones
Environmental Clearance (PA/ED)
Start Date
End Date
April 2019
December 2022
Design (PS&E)
April 2019
January 2023
Right -of -Way Support
February 2020
April 2025
Right -of -Way Acquisition
April 2019
April 2025
Construction Bid & Award
May 2025
August 2025
Construction
September 2025
March 2026
4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
Rev: 10.26.2022
2 Measure R Funding Agreement Amendment
Highways — General
FTIP #: LA0G1613
Subregion ID: Gateway Cities
Project#: MR306.52
Amendment # 2
FA# 920000000MR306.52
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to the FA to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date:
Stephanie Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: Date:
Deputy
GRANTEE:
City of Bell Gardens
By: Date:
Michael B. O'Kelly
City Manager
APPROVED AS TO FORM:
By: Date:
Stephanie Vasquez
City Attorney
Rev.: 03.08.2023
3 Measure R Funding Agreement Amendment
Highways — General
ATTACHMENT B-1-2 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR306.52 Project Title: Garfield Avenue & Eastern Avenue Intersection Improvements Project#: MR306.52
PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS
Prior
Expenditures
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED
PS&E
RW Support
Const. Support
RW
Construction
$39,200
$800
$40,000
$403,000
$182,264
$403,000
$200,000
$317,000
$800,000
$17,736
$800,000
$105,000
$106,000
$106,000
Total MEASURE R
SUM PROG LACMTA FUNDS:
$624,464
624,464
$0
$0
$818,536
818.536
$958,000
$1,063,000
,063,000
$959,000
$1,065,000
065,000
$958,000
$1,064,000
,064,000
$0
$2,875,000
$4,635,000
0 $4,635,000
uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumiouu0000000000000000000000000000000000000000000000000000000000000 uuuuuuuuuuuuuuuuuuuu000000000000u00000000000000000000000000000uouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu� 0000uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuumu000000000000000000000000000000000000000000u0000000000000000000000000000000000000000000000uuuuu0000000000000u0000000000000000000000000000000000000000000000000000iP00„0uuuuuuuuuuuuuuuuuuuuuuuuuuuuuu00000000uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuio i mimi i i i imi i i imni mimi i i i i i i i i i i i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIWIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIh'I ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�................. ............................................. .................. ................... ............ .............................. .......................................,...,..................... ................................................................ ................................................................ ...................................................... .................................. ................................................. ..... . . . . . . . . . . . ..........................1
SUMMARY OF ALL FUNDS
RW Support
Const. Suppo
Construction
$403,000
$182,264
TOTAL MILESTONES
$624,464
$0
$0.
$818,536
$1,063,000
$1,065,000
$1,064,000
$0
$4,635,000
$17,736
$800,000
$105,000
$958,000
$106,000
$959,000
$106,000
$958,000
$40,000
$403,000
$200,000
$317,000
$800,000
$2,875,000
SUM PROG LACMTA FUNDS
624.464
$0
0 818,536
$1,063,000
065,000
,064,000
0 4,635,000
SUM NON-LACMTA FUNDS
0 $0
$0
$0
0 0
0 0
0 TOTAL PROJECT FUNDING
$624,464
$0
$0
$818,536
$1,063,000
$1,065,000
$1,064,000
$0
$4,635,000
99L 10 09£ abed
FTIP #: LA0G1613
Subregion ID: Gateway Cities
Project#: MR306.52
Amendment No. 1
FA# 920000000MR306.52
AMENDMENT No.1 TO MEASURE R FUNDING AGREEMENT
BETWEEN CITY OF BELL GARDENS AND THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 1 to the Funding Agreement (this "Amendment"), is dated as of April 27, 2023 by and between the City of Be11 Gardens ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into that certain Funding Agreement No. MR306.52 or 920000000MR306.52, dated March 4, 2019, (the "Existing FA"), which Existing FA provides for the Garfield Avenue & Eastern Avenue Intersection Improvements Project (the "Project"); and
B. Whereas, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates for Measure R funding agreements to meet PAED, PS&E, ROW, and Construction time frames; and
C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of the Project funds programmed for Fiscal Year FY 2018-19 to June 30, 2025; and D. Grantee and LACMTA desire to amend the Existing FA as provided herein.
Rev: 03.08.2023 1 Measure R Funding Agreement Amendment Highways — General
FTIP #: LA0G1613
Subregion ID: Gateway Cities
AGREEMENT:
Project#: MR306.52
Amendment No. 1
FA# 920000000MR306.52
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part II, Section 9.1 (vii) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "(vii) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY2018-19 are subject to lapse by June 30, 2025."
2. Attachment B-1 of the Existing FA is hereby replaced by Attachment B-1-1, attached.
3. Attachment C — Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.
FA Milestones
Original FA Schedule in
Scope of Work
Revised Schedule
Start Date
End Date
Start Date
End Date
PA/ED
April 2019
June 2019
April 2019
December 2022
PS&E
April 2019
June 2020
April 2019
January 2023
ROW Su-nort
April 2019
July 2019
February 2020
September 2023
ROW Acc uisition
A aril 2019
May 2020
April 2019
Se ltember 2023
Construction Bid & Award
July 2020
November 2020
October 2023
January 2024
Construction
January 2021
June 2021
February 2024
September 2024
Total Project Duration
(Months)
26 months
65 months
4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
Rev: 03.08.2023
2 Measure R Funding Agreement Amendment
Highways — General
i"i"i P## LA0G1613
Subregion ID: Gateway Cities
Project*: MR306.52
Amendment #1
920000000MR306.52
IN WITNESS WHEREOF, the parties have caused this Amendment No, 1 to the FA to be executed by their duly authorized representatives as of the dates indicated below:
I,ACI ITA:
LOS ANG COtNT
By: _
phanie
Chief Executive Of'rcer
TR PCri,ITAN TRANSPORTATION AUTHORITY
"
APPROVED AS TO FORM:
DA N R. HARRISON
County Cowisel
Deut
GRANTEE:
Ii::
City of Bell Gardens
B: _
ei B, O Kelly ,-
City Manager
APPROVED AS TO FORM:
Date
Date: _
By: ° Date:. 8/17/2023
Stephanie V risque
City Attorney
Rev: 08,21,2022
3 undo
—Get gal
sidzusid
ATTACHMENT B-1-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR306.52 Project Title: Garfield Avenue & Eastern Avenue Intersection Improvements Project#: MR306.52
PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS
Previous
E ienditures
FY 2018-19
tr 2
FY 2018-19
tr 3
FY 2018-19
tr 4
FY 2019-20
tr 1
FY 2019-20
tr 2
FY 2019-20
tr 3
FY 2019-20
tr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED
PS&E
RW Sus sort
Const. Sue tort
RW
Construction
$92,690
$88,660
$9,608
$72,540
$20,000
$21,585
$48,360
$30,000
$31,193
$302,250
$50,000
$0
$0
$0
Total MEASURE R
$0
$0
$0
$0
$92,690
$88,660
$102,148
$99,945
$383,443
SUM PROG LACMTA FUNDS:
$0
$0
$0
$0
$92,690
$88,660
$102,148
$99,945
$383,443
SOURCES OF FUNDS
FY 2020-21
tr 1
FY 2020-21
tr 2
FY 2020-21
tr 3
FY 2020-21
tr 4
FY 2021-22
tr 1
FY 2021-22
tr 2
FY 2021-22
tr 3
FY 2021-22
tr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED
PS&E
RW Sus tort
Const. Sue tort
RW
Construction
$7,513
$40,300
$40,000
$324
$8,060
$24,000
$2,015
$14,000
$4,030
$22,000
$7,257
$4,760
$12,260
$15,240
$22,475
$5,803
$7,837
$96,396
$125,803
$0
$0
$0
Total MEASURE R
87 813
32 384
16 015
26 030
0 12 017
27 500
28 277
230 035
SUM PROG LACMTA FUNDS:
$87,813
$32,384
$16,015
$26,030
$0
$12,017
$27,500
$28,277
$230,035
SOURCES OF FUNDS
FY 2022-23
tr 1
FY 2022-23
tr 2
FY 2022-23
tr 3
FY 2022-23
tr 4
FY 2023-24
tr 1
FY 2023-24
tr 2
FY 2023-24
tr 3
FY 2023-24
tr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED
PS&E
RW Sue sort
Const. Sue tort
RW
Construction
Total MEASURE R
$170
$324
$4,197
$800
$1,000
$4,030
$6,334
$4 692
$1 800
$10 364
$6,333
$400,000
$406 333
$6,333
$400,000
$406 333
$0
$79,250
$718,750
$798 000
$118,875
$1,078,125
$1 197 000
$970
$4,354
$24,197
$198,125
$800,000
$1,796,875
2 824 522
PROP C 25%
PAED
PS&E
RW Sus sort
Const. Sue tort
RW
Construction
Total PROP C 25%
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
SUM PROG LACMTA FUNDS:
$4,692
$1,800
$10,364
$406,333
$406,333
$0
$798,000
$1,197,000
$2,824,522
SOURCES OF FUNDS
FY 2024-25
tr 1
FY 2024-25
tr 2
FY 2024-25
tr 3
FY 2024-25
tr 4
FY 2025-26
tr 1
FY 2025-26
tr 2
FY 2025-26
tr 3
FY 2025-26
tr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED
PS&E
RW Sus sort
Const. Sue tort
RW
Construction
$118,875
$1,078,125
$0
$0
$0
$118,875
$0
$1,078,125
SUM PROG LACMTA FUNDS:
$1,197,000
$0
$0
$0
$0
$0
$0
$0
$1,197,000
SUMMARY OF ALL FUNDS
PAED
PS&E
RW Sue sort
Const. Sue sort
RW
Construction
$7,683
40 624
44 197
118 875
',0
1 078 125
$1,124
8 060
$0
6 045
$0
4 030
$0
92 690
$0
$9,608
84 800
$21,585
70 835
$40,000
403 000
25 000
20 334
28 333
4 760
35 240
35 803
200 000
0 0
0 0
0 79 250
118 875
317 000
0 0
400 000
400 000
0 0
0 0
0 0
0 0
718 750
1 078 125
800 000
2 875 000
TOTAL MILESTONES
$1,289,504
$34,184
$26,379
$432,363
$499,023
$100,677
$927,648
$1,325,223
$4,635,000
SUM PROG LACMTA FUNDS
SUM NON-LACMTA FUNDS
TOTAL PROJECT FUNDING
$1,289,504
$0
$1,289,504
$34,184
$0
$34,184
$26,379
$0
$26,379
$432,363
$0
$432,363
$499,023
$0
$499,023
$100,677
$0
$100,677
$927,648
$0
$927,648
$1,325,223
$0
$1,325,223
$4,635,000
$0
$4,635,000
FTIP #: LA0G1G13 Project#: MR306.52
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
MEASURE R FUNDING AGREEMENT
HIGHWAY PROGRAM (General)
This Funding Agreement ("FA") is made and entered into effective as of March 4, 2019 ("Effective Date"), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Bell Gardens ("GRANTEE") for Garfield Avenue & Eastern Avenue Intersection Improvements Project, LACMTA Project ID# MR306.52 and FTEP# LA0G1G13, (the "Project"). This Project is eligible for funding under Line 37 of the Measure R Expenditure Plan.
WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as "Measure R" and became effective on January 2, 2009.
WHEREAS, the funding set forth herein is intended to fund Project Approval & Environmental Design (PA&ED), Plans, Specifications and Estimates (PS&E), Right -of -Way, and Construction of the Project.
WHEREAS, the LACMTA Board, at its October 25, 2018 meeting, programmed $4,635,000, in Measure R Funds to GRANTEE for PA&ED, PS&E, Right -of -Way, and Construction, subject to the terms and conditions contained in this FA; and
WHEREAS, the Funds are currently programmed as follows: $4,635,000 in Measure R Funds in Fiscal Year (FY) FY 2018-19. The total designated for PA&ED, PS&E, Right -of -Way, and Construction of the Project is $4,635,000.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this FA consist of the following and each is incorporated by reference herein as if fully set forth herein:
1. Part I — Specific Terms of the FA
2. Part II — General Terms of the FA
3. Attachment A — Project Funding
4. Attachment B — Measure R Expenditure Plan Guidelines
5. Attachment B-1 — Expenditure Plan- Cost & Cash Flow Budget
6. Attachment C -- Scope of Work
7. Attachment D — Project Reporting and Expenditure Guidelines
8. Attachment D-1— Monthly Progress Report
9. Attachment D-2 — Quarterly Expenditure Report
10, Attachment E — Federal Transportation Improvement Program (FTIP) Sheet
11. Attachment F -- Bond Requirements
12. Any other attachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA.
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1 Measure R Funding Agreement — Highways - General
FTIP #: LA0G1613
Project#: MR306,52
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306,52 IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGEES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:
t
Phillip A. Washington
Chief Executive Officer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
Date:
By:( ,.na .. Date°
Deputy
GRANTEE:
CITY OF BELL GARDENS
By:
Acting City Manager
Date:
APPROVED AS TO FORM: (Optional)
M 1 4-
/1
By: Date:
Rick Olivares
City Attorney
Rev: 12.06.16 2 Measure R Funding Agreement Highways - General
FTIP #: 1 A0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52 PART I
SPECIFIC TERMS OF THE FA
1. Title of the Project (the "Project"): Garfield Avenue & Eastern Avenue Intersection Improvements Project — Project Approval & Environmental Design, Plans, Specifications and Estimates (PS&E), Right -of -Way, and Construction. LACMTA Project ID# MR306.52, FTIP# LA0G1G13.
2. Grant Funds:
2.1 Programmed Funds for this Project consist of the following: Measure R Funds.
2.2 To the extent the Measure R Funds are available; LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $4,635,000 (the "Fund") for the Project. LACMTA Board of Directors' action of October 25, 2018 granted the Measure R Funds for the Project. The Funds are programmed over one year for Fiscal Year (FY) FY 2018-19.
3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Monthly Progress Report and jor the Quarterly Expenditure Report. GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to the Funds with each quarter's expenditures. LACMTA will withhold five percent (5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.
4. Attachment A the "Project Funding" documents all sources of funds programmed for the Project as approved by LACMTA and is attached as Attachment A. The Project Funding includes the total programmed funds for the Project, including the Funds programmed by LACMTA and, if any, the GRANTEE Funding Commitment of other sources of funding. The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. The Funds are subject to adjustment by subsequent LACMTA Board Action.
5. Attachment B-1 is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure Plan"). It is the entire proposed cash flow, the Budget and financial plan for the Project, which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan annually, no later than December 31, and such update shall be submitted to LACMTA's Managing Executive Officer of Construction & Engineering in writing. If the LACMTA's Managing Executive Officer of Construction & Engineering concurs with such updated Expenditure Plan in writing, Attachment B-1 shall be replaced with the new Attachment B-1 setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B-1 as revised from time to time. In no event can the final milestone date be changed or amended by written concurrence by the LACMTA Managing Executive Officer of Construction & Engineering. Any change to the final milestone date must be made by a fully executed amendment to this FA.
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3 Measure R Funding Agreement — Highways - General
FTIP #: I..A0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52 G. Attachment C is the Scope of Work ("the Scope of Work"). The GRANTEE shall complete the Project as described in the Scope of Work. This Scope of Work shall include a detailed description of the Project and the work to be completed, including anticipated Project milestones and a schedule consistent with the lapsing policy in Part II, Section 9, and a description of the Project limits. No later than December 31 of each year, GRANTEE shall notify LACMTA if there are any changes to the final milestone date set forth in the schedule or any changes to the Scope of Work. If LACMTA agrees to such changes, the parties shall memorialize such changes in an amendment to this FA. Work shall be delivered in accordance with this schedule and scope unless otherwise agreed to by the parties in writing. If GRANTEE is consistently behind schedule in meeting milestones or in delivering the Project, LACMTA will have the option to suspend or terminate the FA for default as described in Part II, Sections 2, 9,10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes it can snake up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Monthly Progress Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Monthly Progress Reports Attachment D-1. In no event can the final milestone date be amended by a Monthly Progress Report.
7. No changes to this FA, including but not limited to the Funds, and any other source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work shall be allowed without an amendment to the original FA, approved and signed by both parties.
8. Attachment D is the Project Reporting & Expenditure Guidelines. GRANTEE shall complete the "Monthly Progress Report" and/or the "Quarterly Expenditure Report", The Monthly Progress and Quarterly Expenditure Reports are attached to this FA as Attachments D- 1 and D-2 in accordance with Attachment D — Project Reporting and Expenditure Guidelines. 9, Attachment E, the "FTIP PROJECT SHEET (PDF)", is attached as Attachment E and is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database under the reports section at http://program.metro.net , All projects that receive funding through Measure R must be programmed into the FTIP, which includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEE shall review the Project in ProgramMetro each year and update or correct the Project information as necessary during a scheduled FTIP amendment or adoption. GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project, but no later than October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date, it may affect GRANTEE's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed.
10. GRANTEE shall comply with the "Special Grant Conditions" attached as Attachment G, if any.
11. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work (except as provided herein), (iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Rev: 12.06.16
4 Measure R Funding Agreement — Highways - General
FTIP #: LA0G1613 Project#: MR306.52
i-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52 Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA, such as redistributing Funds among existing budget line items or non- material schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non -material changes are those changes which do not affect the grant amount or its schedule, Project Funding, Financial Plan, or the Scope of Work, including the Work schedule.
12. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Lucy Olmos Delgadillo
LACMTA PROJECT MANAGER
MAIL STOP 99-18-2
PHONE (213) 922-7099
E-MAIL [email protected]
13. GRANTEE's Address:
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Attention: Chau Vu
Director of Public Works
PHONE (562) 806-7770
E-MAIL [email protected]
14. LACMTA anticipates it may need to avail itself of lower cost bonds or other debt, the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds (collectively, the 'Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax -exemption of the interest, the Federal subsidy payment or the tax credit, as applicable, as specified in the Bond Requirements attached as Attachment F to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation, and any other documentation as reasonably requested by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such bonds tax status.
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5 Measure R Funding Agreement — Highways - General
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
PART II
GENERAL TERMS OF THE FA
1. TERM
The term of this FA shall commence on the Effective Date of this FA, and shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in writing.
2. SUSPENSION OR TERMINATION
Should LACMTA determine there are insufficient Measure R Funds available for the Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date, except those costs necessary (i) to return any facilities modified by the Project construction to a safe and operable state; and (ii) to suspend or terminate the construction contractor's control over the Project. LACMTA's share of these costs will be consistent with the established funding percentages outlined in this FA.
3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Monthly Progress Report or the Quarterly Expenditure Report, with supporting documentation of expenses, Project progress and other documents as required, which has been pre -approved by LACMTA, all as described in Part II, Section 6.1 of this FA, shall satisfy LACMTA invoicing requirements. Grantee shall only submit for payment the LACMTA pre -approved Monthly Progress Report or Quarterly Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Account Payable Department as shown below.
Submit invoice with supporting documentation to:
ACCOUNTSPAYABLEaMETRO.NET -)referable)
or
mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 5122%
Los Angeles, CA 90051.0296
All invoice material must contain the following information:
Re: LACMTA Project ID# MR306.52 and FA# FA920000000MR306.52 [LACMTA Project Manager Lucy Olmos Delgadillo; Mail Stop 99-18-21 Rev: 12.06.1 G
6 Measure R Funding Agreement — Highways - General
FTIP #: IAOG1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
4. USE OF FUNDS
4.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the specifications for use for the transportation purposes described in the Ordinance.
4.2 Attachment C shall constitute the agreed upon Scope of Work between LACMTA and GRANTEE for the Project. The Funds, as granted under this FA, can only be used towards the completion of the Scope of Work detailed in Attachment C.
4.3 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the FA approved and signed by the LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with bond or commercial paper proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined by LACMTA and its bond counsel.
4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE'S contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay "in-house" staff time. GRANTEE staff or consultant with project oversight roles can not award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on -going Project monitoring and through any LACMTA interim and final audits.
4.5 If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio.
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Monthly Progress and Quarterly Expenditure Reports. LACMTA will make all disbursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must complete the ACH form and submit such form to LACMTA before grant payments can be made. ACH Request Forms can be found at
www.metro.net/projects_studies/call_projects/ref_docs.htm . GRANTEE must provide detailed supporting documentation with its Monthly Progress and Quarterly Expenditure Reports.
GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter's payment.
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7 Measure R Funding Agreement — Highways - General
FTIP #: LA0G1613 Project#: MR306.52
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS
6.1 GRANTEE shall submit the draft of Monthly Progress Report (Attachment D-1) within seven (7) days from the last day of each month, if required, and submit the draft of Quarterly Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre -approval of the applicable report._ LACMTA shall review and respond in writing to the draft Monthly Progress and Quarterly Expenditure Reports within five (5) business days from receipt. Grantee shall submit the LACMTA pre - approved Monthly Progress Report and Quarterly Expenditure Report no later than five (5) days after receipt of LACMTA's written approval. Should GRANTEE fail to submit either the draft or pre -approved reports within five (5 j days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Monthly Progress and the Quarterly Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a dear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Monthly Progress and Quarterly Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation.
6.2 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, pre - award audits, performance audits and final audits. LACMTA will commence a final audit within six months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review).
GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE's own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE's contractors, consultants and suppliers expenditures submitted to LACMTA through GRANTEE's Monthly Progress Reports and Quarterly Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the monies within thirty (30) days after the final audit is sent to GRANTEE.
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8 Measure R Funding Agreement --- Highways - General
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
6.3 GRANTEE's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as "records"). Such records shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project.
These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA's final audit is completed.
6.4 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 5, paragraphs 6.2 and 6.3 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.
6.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all of the records of GRANTEE and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable.
6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction, at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA.
6.7 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
6.8 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance. GRANTEE shall cooperate with LACMTA Audit Department such that LACMTA can meet its obligations under the Ordinance.
6.9 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
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9 Measure R Funding Agreement — Highways • General
FTIP #: LA0G1613 Project#: MR306.52
1.710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
6.10 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
6.11 In addition to LACMTA's other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this FA, including the access to records provisions of Part II, Section 6.
7. GRANT
This is a one time only grant of the Measure R Funds subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA.
8. SOURCES AND DISPOSITION OF FUNDS
8.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure R Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by LACMTA.
8.2 GRANTEE shall fully fund and contribute the Grantee Funding Commitment, if any is identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE may request additional Measure R funds from its sub -region earmark pending support of the sub -region's Governing Board. A particular sub -region's Measure R funds are limited to the amount specified in the Ordinance and is still subject to approval of the LACMTA Board. Nothing in this FA shall obligate, or be construed to obligate the LACMTA Board to approve such request for additional funds. If the Funds are still insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project.
8.3 GRANTEE shall be responsible for any and all cost overruns for the Project pursuant to Section 8.2.
8.4 GRANTEE shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this FA subject to the terms and conditions contained herein.
Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE's own risk.
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10 Measure R Funding Agreement --- Highways - General
FTIP #: LA0G1613 Project#: MR306.52
I.710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded, this FA shall be amended to reflect such additional funding. If, at the time of final invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another grantee. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess of what GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher.
9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS
9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) Executing this FA within ninety (90) days of receiving formal transmittal of the FA from LACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineering -(PE) within six (G) months from completion of environmental clearance, if appropriate.
(iii) Expending Project Development or Right -of -Way costs (including by deposit into a condemnation action) by the end of the second (211d )fiscal year following the year the Funds were first programmed; and
(iv) Executing Contracts for Construction or Capital purchase within twelve (12) months from the date of completion of design; and (v) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon by the LACMTA and GRANTEE in
Attachment C (Scope of Work) of this FA; and
(vi) Submitting the Monthly Progress and Quarterly Expenditure Reports as described in Part II, Section 6.1 of this FA; and (vii) Expending the Funds granted under this FA for allowable costs within five years or 60 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. All Funds programmed for FY 2018-19 are subject to lapse by June 30, 2023.
9.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 9.1 of this FA, the Project will be reevaluated by LACMTA as part Rev: 12.06.16
11 Measure R Funding Agreement -- Highways - General
FTIP #: LA0G1613 Project#: MR306.52
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52 of its annual Recertification/Deobligation process and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance. In the event that all the Funds are reprogrammed, this FA shall automatically terminate.
10. DEFAULT
A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; or (ii) GRANTEE fails to perform satisfactorily or makes a material change, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA's prior written consent or approval as provided herein.
11. REMEDIES
11.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30 -day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30 -day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity.
11.2 Effective upon receipt of written notice of termination from LACMTA, GRANTEE shall not undertake any new work or obligation with respect to this FA unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE.
11.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.
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12 Measure R Funding Agreement - Highways - General
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52 12, COMMUNICATIONS
12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Agreement Communications Materials Guidelines" available on line or from the LACMTA Project Manager. Please check with the LACMTA Project Manager for the web address. The Funding Agreement Communications Materials Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Agreement Communications Materials Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.
12.2 For purposes of this Agreement, "Communications Materials" include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of "Communications Materials" is found in the Funding Agreement Communications Materials Guidelines.
12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager.
12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.
12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE compliance with the terms and conditions of this Section. GRANTEE'S failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
13. OTHER TERMS AND CONDITIONS
13.1 This FA, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The FA shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original FA or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein.
13.2 GRANTEE is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right- of-way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased, excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio), shall remain dedicated to public transportation use in the same Rev: 12.06.16
13 Measure R Funding Agreement — Highways - General
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52 proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.
13.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this FA, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees.
13.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by and or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its subsidiaries, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) use of the Funds by GRANTEE, or its officers, agents, employees, contractors or subcontractors; (ii) breach of GRANTEE's obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA.
13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts ofa public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this FA.
13.6 GRANTEE shall comply with and insure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.
13.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts.
Rev: 12.06.16
14 Measure R Funding Agreement — Highways - General
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable.
13.9 This FA shall be governed by California law. If any provision of this FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
13.10 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.
13.11 Implementation of any ITS project shall be consistent with the Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS Policy and Procedures adopted by the LACMTA Board of Directors including the submittal of a completed, signed self -certification form. For the ITS policy and form, see www.metro.net/projects_studies/call_projects/other_resources.htm .
13.12 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www.metro.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy.
For the parking policy, see
www.metro.net/Jrojects_studies/call_7ro'ects/other_resources.htm .
13.13 GRANTEE will advise LACMTA prior to any key Project staffing changes.
13.14 Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address.
13.15 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
Rev: 12.06.16
15 Measure R Funding Agreement — Highways - General
F71P #: LA0G1613
ATTACHMENT A -PROJECT FUN DIN G
Measure R Program - Fundin g Agreement Projects - FA# 920000000MR306.52 Project Title: Garfield A venue & Eastern Avenu e Intersection Improvements Project Project#: MR306.52
PROG RAMMED BUDG ET - SOURCES OF FUNDS
SOURCES OF FUND S
Prior Years
FY2017-18
FY 201S-19
F1'2019-20
FY2020-21
FY2021-22
Total
Budget
% of Budg et
LA CMT A PRO GRAMMED FUN DING
MEA SU RER FUNDS
$ 4,635,000
$ 4,635.000
Q
100%
LACMTA PROGRA MMED FUNDS BY
YEAR SUBTOTAL
$ $ - $ 4,635,000
$ -
$ -
$ -
$ 4,635,000
100%
O TH ER SOURCES OF FUN DING:
LOCAL:
$ -
0%
STATE:
$ -
0%
FEDERA L:
$ - 0%
PRIVA TE OR OTHER:
$ - 0%
��yr04�;>ly�l.lUl.iefY11:311nIY:� $ - $ -
$ -
$ - $ -
$ -
$ -
0%
TOTA L PROJECT FU NDS
$ -
$ -
$ 4,635,000
$ -
$ - $ -
$ 4,635,000
100%
Rev. 11.7. 17
FA Measure R Hwys Gen Attachment A Project Funds
FT[P #: LA0G1G13 Project#: MR306.52
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
ATTACHMENT B
MEASURE R EXPENDITURE PLAN GUIDELINES
PROJECT DEVELOPMENT AND RIGHT OF WAY
State Law Requires All Measure R Project and Program Sponsors to Submit an Expenditure Plan
To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and/or each project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity.
Each of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows:
o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights -of -way, state highways, and below -ground subways versus any other rights -of -way or above -ground work;
o A current -year cost estimate breakdown of the major sub -elements of the project such as overhead, environmental and permit work, design and engineering, right-of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stock, and other supporting components;
o Any extraordinary project cost escalation issues, such as extraordinary commodity, right- of-way, surety, energy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3% local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year -of -expenditure dollars;
Rev: 11-1-14
1 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
FTIP #: LA0G1613 Project#: MR306.52
1-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52 o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and;
o The expected completion by month and year of project or program completion.
Below is an excerpt of AB 2321 (2008, Feuer), the state legislation that requires the expenditure plan.
What AB 2321 (2008, Feuer) Says About the Expenditure Plan:
Section b (3) B
(f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) ofsubdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and programs. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) of paragraph (3) ofsubdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to to MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare.
(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, but not limited to, the expenditure plan adopted by the MTA board as "Attachment A"in Ordinance #08-01 adopted by the board on fitly 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the hoard shall notify the Members ofthe Legislature representing the County of Los Angeles ofall of the following:
(1) A description ofthe proposed amendments to the adopted expenditure plan that would do any of the following:
(A) Affect the amount ofnetrevenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan.
(B) Affect the schedule for the availability offends proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C) Affect the schedule for the estimated or expected completion date ofa capital project or projects identified in the adopted expenditure plan.
(2) The reason for the proposed amendment,
(3) The estimated irnpact the proposed amendment will have on the schedule, cost scope, or timely availability offirnding for the capital project or projects contained in the adopted expenditure plan,
Rev: 11-1-14
2 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
ATTACHMENT B-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects • FA.920000000MR306.52 Project Title: Garfield Avenue & Eastern Avenue intersection Improvements Project ProjecU :MR306.52
PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS
FY 2018.1.9
Qlr 1
FY 2018.19
Qtr 2
EY 2018.19
Qtr 3
FY 2018.19
QIr 4
FY 2019.20
QIr 1
FY 2019.20
Qtr 2
FY 2019.20
QIr 3
FY 2019.20
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURER FUNDS:
510,0{70
510.000
540,000
t rSED
520,000
PS&I,'
550,000
550,000
550,000
550,000
S100,000
5300,000
5160,000
$20,000
510,000
510,000
560,000
560,000
ItW Support
5D
Coast. Support
R\`t'
50 Cansttuctiou
SO
Totl-MM13ASURE R
$0
$0
$0
$90,000
$70,000
$70,000
$110,000
$160,000
$500,000
SUM PROG LACMTA FUNDS:
$0
$0
$0
$90,000
$70,000
570,000
$110,000
5160,000
5500,000
+
OTHER NON LACMTA FUNDING:
LOCAL: ?
SO
SO
$0
SO
$0
Total LOCAL
$0
$0
$0
$0
STATE:?
Total STATE
$0
SO
SO
$0
$0
$0
$0
$0
SD
FEDERAL:?
Total FEDERAL
50 SO
$0
$0 SO
SO
50 50
$0
PRIVATE:?
Total PRIVATE $0 $0 $0 50 50 50 $0 $0 SO
SUM NON-LACMTA FUNDS :
50 50
50 30
$0
50 50
$0 50
PROIEG FUNDINI�
FYI I9'a td:PYI9?241
50. 50
9tl�llfl�1
$70x000:
$D,UD.t1
420x000..
$1603?ttti. SSl1i1,1q©;
SOURCES OF FUNDS
FY 20721 Qtr
FY 20721 Qtr
FY 20/21 Qtr
FY 20721 Qtr
FY 21/22 Qir
FY 2122 Qtr
FY Qtr 3
TOTAL
FY Qtr 4 BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURER FUNDS:
PAED
SO
5103,000
PS
5103,000
R\1' Support
S40,004
540,000
Cansl.Sup Jott
557,000
575,000
575,000
575,000
535,000
5317,000
R\V
5500,000
5800,000
C, nsh-uctian
5500000
51,000.00D
51,000.004
5375,000
52,875,000
Total. MEASURE R
5943,000
S57,000
$575,000
$1,075,000
51,075,000
$410,000 I $0 I 50 f 54,135,000
SUM PROD LACMTA FUNDS:
$943,000 ! $57,000
$575,000
$1,075,000
$1,075,000
$410,000
$0
50 $4,135,000
OTHER NON LACMTA FUNDING:
-
LOCAL: ?
$0
$0
$0
SO
$0
Total LOCAL
SO
$0
$0
SO
STATE:?
Total STATE
50 50
$0
$0
$0
$0
50 $0
$0
FEDERAL:?
Total FEDERAL
$0
50 $0
$0
$0
$0
$0
SO
$0
PRIVATE:? ---
Total PRIVATE S0 $0 '' $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS :
50 50
50 $0
SO
$0
$0
$0
SO
F 1 Y FUNDING: FY
$9+33000 51,075,000
557„0.00.:
$575 ©00..
$1,075,0t�0
$1�f175,0©0
4 0
SO
S0;
X4135,0494;
SUMMARY OF ALL FUNDS
.. ,
PAED
50 $0
50 $20,000 $10,000 ' $10,000 $0 $0 $40,000
PS&E
$103,000
50 50 $50,000 $50,000 $50,000 $50,000 $100,0001 $403,000 R Support $40,000 $0
$0 $20,000 $10,000 $00,000 $60,000 $60,000 $200,000
Cozrst, Satpport SO $57,00D
$75,000 $75„000 $75,000 $35,000 $0 $0 $317,000
1211/ $800,000 $0
$0 $0 $0 $0 $0 $0 $800,000
Construction 50 $0
$500,000 $1,000,000 $1,000,000 $375,000 $0 $0 $2,875,000 TOTAL MILESTONES $'943,000 557,000
$575,000 $1,165,000 $1,145,000 $480,000 $110,000 $160,000 $4,635,000. .. , . . , . . . . . . , . , . . . , ,
SUM PRODLACMTAFUN DS
$94 .. . , .
3,000
$57,000
0 5575,00©
165,00
31,165,000 51,145,000
48 0
$480,000
- 5110,000
31G0,000
$4,635,000
SUM NON- LACM"i'A FUNDS
30 $0
50 $0 S0
- $0
$0
. , $0
$0
TOTAL PROJECT FUNDING
$943,000
$57,000
$575,000
$1,165,000 $1,145,000
$480,000
51.10,000
$160,000
$4,635,000
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) Funding Agreement#: FA.920000000MR306.52
ATTACHMENT C
SCOPE OF WORK
PROJECT TITLE:
Garfield Avenue & Eastern Avenue Intersection Improvements Project PROJECT LOCATION:
The project is located at the intersection of Garfield Avenue and Eastern Avenue in the City of Bell Gardens, in Los Angeles County.
PROJECT LIMITS:
This project limits are within 300 feet of and including the intersection of Garfield Avenue and Eastern Avenue.
NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:
In 2012, the City completed the High Accident Location Analysis (HALA) study to identify areas where high concentration of traffic collisions have occurred. The HALA study showed that the intersection of Garfield Avenue and Eastern Avenue experienced a modest frequency of traffic collisions within the 3 -year study period. The modest frequency of collisions will be reduced by re -aligning the traffic lanes and improving signal. The City is currently conducting the 2018 HALA study through an SSARP Grant with anticipated completion in late summer 2018.
The project improves roadway geometry by re -aligning the existing "Y" intersection into a "T" intersection to increase safety, intersection capacity, and operations with coordinating efforts along the Garfield Avenue/Eastern Avenue corridors. Right-of-way purchases will be required for the alignment, along with relinquishment of right-of-way due to intersection improvements.
The proposed right-of-way acquisition will be from the northerly property between Garfield Avenue and Eastern Avenue, an existing commercial/retail facility.
PROJECT BACKGROUND:
The intersection of Garfield Avenue and Eastern Avenue is located in the City of Bell Gardens.
The intersection is located east of the 710 Freeway with Eastern Avenue running parallel with the 710 Freeway north of the intersection, and with Garfield Avenue continuing parallel south of the intersection. The intersection is approximately half way between the freeway access ramps on Florence Avenue to the north and Firestone Avenue to the south. The proposed safety and capacity improvements will mitigate future growth projections, coupled with the increased traffic from the freeway improvements and future LOS impacts.
PROJECT BUDGET:
COMPONENT
PA/ED
PS and E
R/W Support
RNLI Capital
Construction Support
Construction Capital
Total Budget
Rev: 11.1.14
AMOUNT
40,000
403,000
200,000
800,000
317,000
2,875,000
$4,635,000
1 FA Attachment C
Scope of Work
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) Funding Agreement#: FA.920000000MR306.52 SCOPE:
The Project features include, but are not limited to, the following:
DESIGN:
I. Preliminary Engineering — 35% Work Product
Tasks to be performed include, but are not limited to, the following:
A. Account for field visits of the project area to identify design issues. Record existing site conditions in photographs and/or video.
B. Provide a complete survey of the project area, establishing horizontal and vertical control for the project. Mapping shall include topographic features within 50 feet of project area.
C. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.
D. Prepare permit applications to obtain Railroad and County Public Works Flood Control permits with submittals to be conducted concurrently with all plan submittals.
E. Conduct geotechnical investigations within project area.
F. Identify right-of-way acquisitions, and/or vacations to provide for the optimal alignment of Road, which shall incorporate roadway widening, development build outs and preservation of existing improvements and scenic character of the area.
G. Identify street pavement structural sections for project area.
H. Identify all drainage/6MP structure improvements, based upon hydrology, hydraulic calculations and water quality issues. Structural BMPs shall be incorporated into the street design for stormwater quality improvements prior to entering natural waterways.
I. Prepare and submit 35% Plans for roadway improvements, as well as the recommended ultimate repair strategy, the Engineer shall prepare and provide CAD drawings of the proposed alignment, which shall include vertical and horizontal alignment, improvements, and drainage/BMP structures. Right-of-way acquisitions and/or vacations shall be clearly identified.
J. Prepare and submit an 35% Engineer's construction cost estimate for all recommended improvements.
1I. Environmental Analysis
Tasks to be performed include, but are not limited to, the following:
A. Define a complete and detailed project description and delineate project study areas that will meet the needs of technical analyses and Initial Study/Mitigated Negative Declaration or Categorical Exemption (IS/MND/CE).
B. Conduct the required technical analysis for the project.
C. Prepare, following completion of appropriate technical analysis, an Administrative Draft IS, consistent with CEQA Guidelines Appendix G, for review and approval by the City.
D. Prepare the Draft IS and Draft MND for public circulation or Draft CE.
E. Prepare responses to public review of Draft and prepare a Final MND or prepare Notice of Exemption/CE and submit for review to the City.
F. Prepare an MMRP, if applicable.
G. Coordinate with the City and prepare permit applications/notifications for the Project as applicable.
H. Delineation of the Waters of the US will be conducted within the ESL if applicable.
I. Prepare a final Tree report and map.
Rev: 11.1.14
2 FA Attachment C
Scope of Work
FTEP #: LA0G1G13 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) Funding Agreement#: FA.920000000MR306.52 III. 65%, 95%, and Final Design — Plans, Specifications and Estimates Tasks to be performed include, but are not limited to, the following:
A. Prepare the 65%, 95% and Final civil roadway plans for the required improvements, consistent with City format. At a minimum, the plan set shall include Title Sheet, Site Plan, General Construction Notes, Horizontal Control, Typical Sections and Details, Plan and Profile, Drainage/BMP Structure(s) Details, Traffic Striping/Signage/Signal Plans, Street Lighting/Electrical, Bike Lane Plans, and Median/Landscaping Plans.
B. Submittal of plan set shall be delivered at 65% and 95% complete and final (three (5) sets per submittal). When project is complete, the Engineer shall provide AutoCAD files for all plan sheets.
C. Assist the City for the Community Information Workshop after the 90% submittal by preparing exhibits and attending workshop and be prepared to discuss concerns of the property owner at the northerly corner of Garfield Avenue and Eastern Avenue, particularly with issues of right-of-way acquisition.
D. Prepare construction specifications consistent with City format (SSPWC "Greenbook" APWA, current edition with updates.
E. Submittal of specifications shall be delivered to the City at 65%, 95% and final submittals. When project is complete, the Consultant shall provide a digital file of specification package in Microsoft Word format for Windows.
F. Prepare an engineer's construction cost estimate based on the itemized quantity take -off from the contract documents at the 65%, 95% and Final submittals.
G. Submittal of the engineer's construction cost estimate shall be delivered to the City at all submittals complete and final in a spreadsheet format.
IV. Project Management and Preparation of Periodic Updated Schedule, Deliverables and Meetings
Tasks to be performed include, but are not limited to, the following:
A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City, shall be and not be limited to: Project Kick-off Meeting, presentation of plan exhibits, progress meetings and preparation for the Community Information Workshop at 95% design completion.
B. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.
RIGHT-OF-WAY:
Right -of -Way Support and Right -of -Way Capital
Right -of -Way Support:
Tasks to be performed include, but are not limited, to the following:
A. Prepare and provide exhibits, plats and legal descriptions for the properties requiring right of way acquisition, slope easements, temporary construction easements and/or rights -of -entry.
B. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City, shall be and not be limited to: Project Kick-off Meeting, site visits, progress meetings and preparation for City Council meetings.
Rev: 11.1.14
3 FA Attachment C
Scope of Work
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) Funding Agreement#: FA.920000000MR306.52 C. Provide periodic schedule updates on deliverables and meetings as changes to original schedule occur or as needed based on the needs of the project.
Right -of -Way Capital:
Tasks to be performed include, but are not limited to, the following:
A. Order title reports/litigation guarantees.
B. Present conceptual plans to property owners adjacent to project.
C. Shall choose an Appraiser to prepare and provide appraisal of properties requiring right of way acquisition.
D. Authorize appraisals and improvements pertaining to properties.
E. Notify and meet with property owners of appraisals and detailed improvements to their properties.
F. Set just compensation.
G. Present written offer letters and appraisal summaries to property owners.
H. Conduct negotiations to settlement.
CONSTRUCTION:
Grantee expects to provide construction oversight to facilitate the bidding process, award a contract for construction, and to perform the following tasks:
A. Coordinate with city staff to initiate and complete the bidding phase including award of the construction contract by the City Council.
B. Provide management and inspection of construction activities, including change order analysis and review, RFI processing, submittal processing, budget analysis and updates and closeout.
C. Complete project management activities for compliance with Funding Agreement requirements and guildelines.
D. Complete project closeout.
The Engineer shall meet as needed with the Grantee to accomplish Project tasks as outlined. Meetings expected between the Engineer and Grantee shall include, but not be limited to, Pre -Construction Meeting, progress meetings and preparation of responses to RFIs.
Rev: 11.1.14
4 FA Attachment C
Scope of Work
FTIP #: LA0G1613
I-710 Early Action Projects (Gateway Cities)
Project#: MR306.52
Funding Agreement#: FA.920000000MR306.52
MILESTONES: The implementation schedule for this project will be as follows.
START DATE
COMPLETION DATE
PA&ED
Prepare Environmental Document
Document Type: MND or CE
Apr 2019
Jun 2019
Scoping
Apr 2019
Apr 2019
Technical Studies
Apr 2019
May 2019
Draft Environmental Document
Aar 2019
May 2019
Final Environmental Document
May 2019
May 2019
Community Outreach
May 2019
May 2019
Secure Project Approval
May 2019
May 2019
Intelligent Transportation System (ITS)
MND/CE Filing
Jun 2019
Jun 2019
PS&E
35% PS&E
Preliminary Investigations
Apr 2019
Jul 2019
Geometric Drawings
May 2019
Jul 2019
Utilities
Apr 2019
Jul 2019
Right -of -Way
Apr 2019
Jul 2019
Estimating
Jun 2019
Jul 2019
Civic Design
May 2019
Jul 2019
Project Review & Comments
Jul 2019
Aug 2019
65% PS&E
Civil Design Plans
Sep 2019
Jan 2020
Right -of -Way Engineering
Sep 2019
Jan 2020
Prepare Protect Cost Estimate
Nov 2019
Jan 2020
Intelligent Transportation System (ITS
Project Review & Comments
Jan 2020
Feb 2020
95% PS&E
Civil Design Plans
Mar 2020
May 2020
Submittals & Reviews
May 2020
May 2020
Submit Final PS&E
Jun 2020
Jun 2020
Outside Agency Review
Mar 2020
Jun 2020
RIGHT OF WAY.: SUPPORT
Certification/Map Ding
tor 2019
Jul 2019
Appraisal
May 2019
July 2019
RIGHT OF WAY ACQUISITION
Certification/Mapping
Aar 2019
July 2019
Title Reaort
Jul 2019
Jul 2019
Meet with Property Owners
Auc 2019
Dec 2019
Appraisal
Jan 2020
Feb 2020
Environmental Investigation
Jan 2020
Feb 2020
Closing/Acguire Property/Relocation
Mar 2020
May 2020
Utility Relocation
Third Party Coordination
Jul 2019
May 2020
Design Utilities
Aug 2019
Dec 2019
Relocate Utilities
Jan 2020
May 2020
Rev: 11.1.14
5 FA Attachment C
Scope of Work
FT1P #: LA0G1613
I-710 Early Action Projects (Gateway Cities)
Project#: MR306.52
Funding Agreement#: FA.920000000MR306.52
CONSTRUCTION MILESTONES: The implementation schedule for this project will be as follows.
START DATE
COMPLETION DATE
Solicitation (Bid/Proposal)
Jul 2020
Jul 2020
Develop Solicitation Package
July 2020
Sep 2020
Solicitation Response
Sep 2020
Sep 2020
Evaluations
Sep 2020
Sep 2020
Selection
Seo 2020
Sep 2020
Board Approval Process
Oct 2020
Oct 2020
Contract Award
Oct 2020
Oct 2020
Fully Executed Contract
Nov 2020
Nov 2020
Long Lead Items — Traffic Signal
Equip
Lonc Lead Ecuipment— 12-18 weeks
Dec 2020
Apr 2021
Signal Equipment Testing
Mar 2021
Jun 2021
Excavation/Paving
Clear/Grub
Jan 2021
May 2021
Survey
Jan 2021
May 2021
Gradinc
Jan 2021
May 2021
Compaction
Jan 2021
May 2021
Drainage Improvements
Jan 2021
May 2021
Pavinc
Mar 2021
May 2021
Concrete
Form Work
Jan 2021
Apr 2021
Rebar Placement
Jan 2021
Mar 2021
Pole Foundations
Feb 2021
Mar 2021
Monument Sign
Mar 2021
May 2021
Traffic Control
TMP
Jan 2021
May 2021
Structural
Pole Placement
Apr 2021
May 2021
Utilities/Permits
LAC — DWP Flood Control
Jan 2021
May 2021
SCE
Jan 2021
May 2021
Railroad
Jan 2021
May 2021
Materials
Signage-Monument
Mar 2021
May 2021
Landscape
Clearinc
Jan 2021
May 2021
Planting
Aar 2021
May 2021
Plant Establishment
May 2021
Aug 2021
Irrigation
Aar 2021
May 2021
Testing
May 2021
May 2021
General Construction/close out oro'oct
May 2021
Jun 2021
Change Orders
P.O. Processing Time
Oct 2020
Nov 2020
Rev: 11.1.14
6 FA Attachment C
Scope of Work
FTIP #: 1_AOG1613
Projectif: MR306.52
1-710 Early Action Projects (Gateway Cities) Funding Agreerrrent#: FA.920000000MR306.52 ATTACHMENT C - Location Map(s)
Rev: 11.1.14
7 FA Attachment C
Scope of Work
FTIP #: LA0G1613 Project#: MR306.52
1.710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
FA ATTACHMENT D
PROJECT REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
• Quarterly Progress/Expenditure Report (Attachment DI) is required for all projects. The GRANTEE shall be subject to and comply with all applicable requirements of the funding agency regarding project -reporting requirements. In addition, GRANTEE will submit a quarterly report to the LACMTA at ACCOUNTSPAYABLE(u)METRO.NET or by mail to Los Angeles Metropolitan Transportation Authority, Accounts Payable, P. O. Box 512296, Los Angeles, California 90051.0296. Please note that letters or other forms of documentation may not be substituted for this form.
• The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that GRANTEE provide complete and adequate response to all the questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project.
• In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. • GRANTEES are required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter.
• The Quarterly Progress/Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year:
Quarter Report Due Date
July —September
October - December
January - March
April - June
November 30
February 28
May 31
August 31
Upon completion of the Project a final report that includes project's final evaluation must be submitted.
1 Rev: 12.23.14 FA Measure R Hwys Gen Attachment D Project Reporting & Expenditure Guidelines
FTIP #: LA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope of Work (FA Attachment C) is considered ineligible and will not be reimbursed by the LACMTA unless prior written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
• Any expense charged to the grant must be clearly and directly related to the project. • Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of the project and for the direct benefit of the project as specified in the Scope of Work (Attachment C). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project. • LACMTA is not responsible for, and will not reimburse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
DEFINITIONS
• Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification.
• Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be adjusted to reflect a "reasonable and customary" level. For detail definition of "reasonable cost", please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and Local Governments; and A-122 Cost Principals for Nonprofit Organizations. • Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope of Work is considered ineligible.
2 Rev: 12.23.14 FA Measure R Hwys Gen Attachment D Project Reporting & Expenditure Guidelines
LACMTA
ATTACHMENT D-1
PROJECT TITLE:
MONTHLY PROGRESS REPORT
rante To Complete ,
Invoice H
Invoice Date
FAN
Monthly Report #
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO METRO PROJECT MANAGER after the dose of each month. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information PROJECT TITLE:
FA #:
MONTHLY REPORT SUBMITTED FOR: Month:
DATE SUBMITTED:
Rev 122313
Year:
LACMTA Project Manager
Name:
Phone Number:
e-mail:
GRANTEE Contact!
Project Manager
Contact Name:
Job Title:
Department:
City ! Agency:
Mailing Address:
Phone Number:
email:
FA 1.'easu!e R kmys Gen A"achm.eni D-11.bnth:v Pra7+ess Reran! Rev; 11.1.14
FA Measure R Fhvys Gen Attachment D.1 Page 383 of 756
LACMTA
ATTACHMENT D-1
PROJECT TITLE:
MONTHLY PROGRESS REPORT
SECTION 3 : MONTHLY PROGRESS REPORT
ELIYERABLES& MILESTON
List all debyerableS and Milestones as slated In the FA, with start and ead dales ' DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES BELOW...� Grantees must make every effort to accurately portray milestone dates n the original F.4 Scope of Work. since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from in the Original FA. Additionatfp, pease provide a CPM if t ha orojec is in construction FA Milestones
Original FA Start
Date in Scope of
Work (Month/Year)
Original FA End
Date in Scope of
Work (Month/Year)
Actual Start
Date
(Month/Year)
Actual End
Date
(Month/Year)
Percent
Completed By
Time
Current
Completion
Forecast
(MonthlYear)
Schedule
Variance
(Months)
SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package
Fully Executed Contract
PLANNING
Prepare Ccncept Report
Prepare Feasibilly Study
Prepare Project Study Report
PA&ED
OTHER: (Please specify)
SOLICITATION (BID/PROPOSAL)
Develop Solic/tatIon Package
Fully Executed Contract
PS&E
35% PS&E
65% PS&E
95% PS&E
OTHER: (Please specify)
ROW
OTHER: (Please specify)
SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package
Fully Executed Contract
CONSTRUCTION
OTHER: (Please specify)
2. PROJECT COMPLETION
Based on the comparison of the original and actual project milestone schedules above, pro)ecl is (select only one) :
Ahead of original FA schedule
Lien schedule per original FA schedule
Between 1224 months beh;nd original schedule
Less than 12 months behind original schedule
More than 24 months beh€nil original schedule
Rev: 11.1.14 2
FA I..teasure R Hays Gen Attachment 0.1 Page 384 of 756
LACMTA
ATTACHMENT D•1
PROJECT TITLE:
MONTHLY PROGRESS REPORT
3. TASKS! MILESTONES ACCOMPLISHED
List tasks or milestones accomplished and progress made this month.
C PROJECT OELAYlACTION ITEM TO RESOLY DELAY-.
If the protect is delayed, include description of the delay and action items that have been, or will be, undertaken to resolve the delay.
Delay IssUe(s)
Targeted Resolution/Response Date
6.COST SUMMARY
FA Milestones
PLANNING
PA&ED
Project Budget
LACMTA Approved
Changes
Current
Approved
Budget
Expenditures
to Date
Cost Variance
Percent
Completed By
Dollar Amount
PS&E
ROW Support
ROW
CONSTRUCTION Support
CONSTRUCTION
7. RISK MANAGEMENT PLAN I PROJECT RISK REGISTER,
This Risk Register shall include a listing of potential project risks. identify project risks and provide a description of Ind victual risk events or unplanned events that may occur and the estimated outcome or impact to project scope, cost and schedule; provide a qualitative assessment of risk potential; identify risk mitigation strategies; and provide recommendations or actions for responding to project risk. This section requires periodic updates as the project progresses and as risk events occur.
Risk Category
Environmental
Planning
Design
ROW
Construction
Bid/Award
Third Party
Risk Event
Risk Potential
(Low/Medium/High)
Risk Mitigation Strategies
I certify that I am the responsible Project Manger of fiscal officer and representative of and that to the best of my knowledge and belief the information slated in this report is true and correct.
Signature Date
Rev: 11.1.14 3
FA Measure R Hwys Gen Attachment D-i Page 385 of 756
rantee ro tom
LACMTA FA MEASURE R ATTACHMENT D-2
QUARTERLY PROGRESS / EXPENSE REPORT
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
ACC0UNTSPAYABLE a@METRO,NET
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. 0. Box 512296
Los Angeles, California 90051-0296
after the close of each quarter, but no later than November 30 February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information.
Invoice #
Invoice Date
FA# 920000000MR
Quarterly Report #
SECTION 1: QUARTERLY EXPENSE REPORT
Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section.
Project Quarter Expenditure
This Quarter Expenditure
LACMTA Measure R Grant $
Retention Amount
Net Invoice Amount (Less
Retention)
Project -to -Date Expenditure
Funds Expended to Date (Include
this Quarter)
Total Project Budget
of Project Budget Expended to
Date
Balance Remaining
Rev: 12.23.14
FA Measure R I-Iwys Gen Attachment D- Page 386 of 756
SECTION 2: GENERAL INFORMATION
PROJECT TITLE:
FA#:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year :
Quarter :
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
n2014-2015
[2017-2018
[1Q1: Jul - Sep
Q3: Jan - Mar
2015-2016
2018-2019
Q2: Oct - Dec
Q4: Apr -Jun
RSTI
1TDM
Transit
Pedestrian
Bicycle
2016-2017
2019-2020
Signal Synchronization
Goods Movement
LACMTA Project Manager
Name:
Phone Number:
E-mail:
Project Sponsor Contact I
Project Manager
Contact Name:
Job Title:
De?artment:
City I Agency:
Mailing Address:
Phone Number:
E-mail:
Rev: 12.23.14 2
FA Measure R Hwys Gen Attachment D•. Page 387 of 756
SECTION 3 : QUARTERLY PROGRESS REPORT
1»1VERABLB
MILESTONE
List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 HD AND 3 R° COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Origin! FA Scope of Work, indicate the new dates under Actual Schedule below and re- calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO L4CMTA FOR WRITTEN CONCURRENCE, FA Milestones
Original FA Schedule in Scope of Work
Actual Schedule
Start Date
End Date
Start Date
End Date
Environmental Clearance
Design Bid & Award
Design
Right -of -Way Acquisition
Construction Bid & Award
Ground Breaking Event
Construction
Ribbon Cutting Event
Total Project Duration (Months)
2= PROJECT COMPLETION
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
nOn schedule per original FA schedule
Between 12-24 months behind original schedule
B, Was the project design started within 6 months of the date originally stated in the FA? nYes n No
Less than 12 months behind original schedule
More than 24 months behind original schedule
Not Applicable
C. Was a construction contract or capital purchase executed within 9 months after completion of design 1 specifications? F
Yes
Rev. 11 1.14
n No Not Applicable
FA Measure R Hwys Gen Attachment C-1 fluarterly Progress Expenditure Report Rev: 12,23.14 3
FA Measure R Hays Gen Attachment D. Page 388 of 756
3; TASKS 1 MILESTONES ACCOMPLISH
List tasks or milestones accomplished and progress made this quarter. 4 PROJECT DEE_A
If project is delayed, describe reasons for delay (this quarter), Pay particular attention to schedule delays. €f delay is for the same reason as mentioned €n previous quarters, please indicate by writing "Same as Previous Quarter". 5 ACTION ITEMS TO RESOLVE DELAY
if the project is delayed (as described €n #4), include action Items that have been, or will be, undertaken to resolve the delay.
Rev: 12.23, 14 4
FA Measure R - wys Gen Attachment D Page 389 of 756
2 SECTION 4: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation.
The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
OTAI� XPENSES CHARGED TO LACMTA::MEASURER G
3 4
5 6
7 8
9 10
11 12
13 TOTAL
Note:
All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects .
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
I certify that I am the responsible Project Manager or fiscal officer and representative of stated in this report is true and correct.
and that to the best of my knowledge and belief the information Signature Date
Name Title
Rev: 12.23.14 5 FA Measure R Hwys Gen Attachment D.; Page 390 of 756
Los Angeles Metropolitan Transportation Authority
2019 Federal Transportation Improvement Program ($000)
TIP ID
ropiementing Agency": ell Gardens Ci
Project Description: Garfield Ave. & Eastern Ave, Intersection Improvements Project.
Improvements Include re -aligning the existing Y intersection into a T intersection to increase safety, intersection capacity and operations with the coordnating efforts along the Garfsetd/Eastem corridors. Righto1-way purchases will be required for the alignment along with relinquishment of right-of-way due to intersection improvements.
System Lo L Hy ;Route: Postmlle: [Distance: Phase: No Project Activity Lana # Extd Lane # Prop: Impry Desc: Ar Basin. SCAB Envlr Doc: DRAFT NEGATIVE DECLARATION -CG/19f2019 SCAG RTP Project #. 1ALO4
Sttsdy:N/A Is Model: NO Model #.
PM: Chau Vu - (562)706.7770
LS. Y LS GROUP#: LA11G3
Conformity Category. EXEMPT - 93.127
Tall Rate: Toll Colo Loc.
non :_
Toll Method: Hov acs eg toc:
PrograrnCode. NCRH4 -INTERSECTION IMPROVEMENTSJCHANNELIZATION Slop Loc:
PHASE
PE •
Measure R 2O%Fiighxay ,
RW
CON
SVI3TOTR€
PE
RW
PRIOR
18/14
Completion Dale C6/30/2021
Liza: Los Angeles -Long Sub -Area: Sub -Region:
BeachSanla Ana
CTIPS ID: EA #: PPNO:
19(20 20/21 21122 22/23 23/24 BEYOND PROG TOTAL
$340 $103
$160 6840
SO $3191
$4134
TOTAL PE: 5443
TOTAL RW: $1090 TOTAL CON: $3191
• General Cammenl: New Project -This project I',mits complete roadway improvements within 300 feel and including the intersection of Garfield Avenue and Eastern Avenue intersection. The proposed sight -or -way take MI be from the northerly property between Garfield and Eastern, an existing commercial/retail facility. • Mdeiing Comment: WA
• TCM Cornment: NrA
• Narrative: PROJECT CHANGES (FROM PREVIOUS VERSION)MR20H - Measure R 20% Highway ► Add funds in FY 19/20 In PE for S3 -SO ROW for $160
► Add funds In FY 20/21 In PE for S 1 O3 ROW Rd $840 CON ref $3.191 Tara! pooled cost $4,634
Last Revised AnieirritaCr''''ziUGPEN AG
Change reason:New Project
Total Cost $4,634
FTIP #: IA0G1613 Project#: MR306.52
I-710 Early Action Projects (Gateway Cities) FA# 920000000MR306.52
ATTACHMENT F
BOND REQUIREMENTS
The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds (collectively, the "Bonds").
GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes or with respect to which LACMTA receives a Federal subsidy for a portion of the interest cost or the investor receives a tax credit. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components. GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by the LACMTA in consultation with its bond counsel.
GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment F and notify LACMTA of such designations. 1 Rev: 04.01.15 FA Measure R Hwys Gen Attachment F
Bond Requirements
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving a Second Amendment to Professional Services Agreement with Bowman Infrastructure Engineers Ltd for Municipal Engineering Services
MEETING DATE: July 28, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Second Amendment to the Professional Services Agreement with Bowman Infrastructure Engineers Ltd for Municipal Engineering Services.
BACKGROUND/DISCUSSION:
On February 12, 2024, the City entered into a Professional Services Agreement ("Agreement") with Bowman Infrastructure Engineers Ltd. ("Bowman") for municipal engineering services in an annual amount not -to -exceed $1,500,000. Services provided under this Agreement include city engineering services, capital improvement project design and management, traffic engineering, water and development engineering, public works permit management and inspections, and stormwater compliance services. The term of the Agreement is for three years, through March 1, 2027, with an option to extend for up to two additional one-year terms.
On January 27, 2025, the City Council approved a First Amendment to increase the annual compensation to an amount not -to -exceed $2,500,000 to address the growing engineering services needs for the City's capital improvement program.
CPI Adjustment Request
On April 1, 2025, the City received formal notification from Bowman regarding a five percent (5%) rate increase, consistent with the terms outlined in their original proposal submitted during Request -for -Proposal ("RFP") process. Bowman's price proposal stipulates that hourly rates and retainer fees are subject to annual adjustments based on the percentage change in the Consumer Price Index for All Urban Consumers ("CPI") for
the region or a five percent (5%) increase, whichever is greater.
Bowman has been performing services satisfactorily to date. Staff recommends an adjustment of 5% to Bowman's rates, effective July 1, 2025, and further recommends that annual rate adjustments continue for the duration of the contract term consistent with the terms set forth in Bowman's original proposal. The Agreement's Not -to -Exceed amount will remain unchanged.
CONCLUSION:
Approving the Second Amendment would approve Bowman's rate adjustment request, effective July 1, 2025, and annual rate adjustments for the duration of the contract term equal to the percentage change in the CPI for the region or five percent (5%), whichever is greater.
FISCAL IMPACT:
Funding for municipal engineering services is available in the City's FY 2025/2026 operating and capital improvement budget.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO
THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF BELL GARDENS AND BOWMAN INFRASTRUCTURE
ENGINEERS LTD FOR MUNICIPAL ENGINEERING SERVICES
WHEREAS, on February 12, 2024, the City of Bell Gardens ("City") and Bowman Infrastructure Engineers Ltd ("Bowman") executed and entered into a Professional Services Agreement ("Master Agreement") for municipal engineering services within the City; and
WHEREAS, on February 10, 2025, the Master Agreement was amended by way of a First Amendment to increase the Not -to -Exceed annual compensation from $1,500,000 to $2,500,000; and
WHEREAS, on April 1, 2025, the City received a letter from Bowman notifying the City of request for a five percent (5%) rate adjustment effective as of July 1, 2025, in accordance with the terms outlined in Bowman's original proposal submitted during the Request for Proposal ("RFP") process; and
WHEREAS, the City now desires to enter into a Second Amendment to amend the Master Agreement with Bowman Infrastructure Engineers Ltd to approve a five -percent (5%) increase to the hourly and retainer rates, effective July 1, 2025, and allow annual rate adjustments based on the percentage change in the Consumer Price Index for All Urban Consumers for the region or a five percent (5%) increase, whichever is greater, for the duration of the contract term; and
WHEREAS, the City and Bowman agree that the Not -to -Exceed annual compensation will remain in effect as authorized in the First Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council hereby approves a Second Amendment to the Master Agreement with Bowman Infrastructure Engineers Ltd, which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager to execute the Second Amendment with Bowman on the City's behalf, along with any other
Resolution No. 2025-73
ancillary documents relating thereto, including any other documents consistent with and necessary to implement and effectuate the intent of the City Council as set forth in 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 28th day of July, 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. 2025-73
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 Monday, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
2025
SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Consultant: Bowman Infrastructure Engineers Ltd.)
THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement" and dated February 12, 2024 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of , 2025 (hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and BOWMAN INFRASTRUCTURE LTD. (hereinafter, "CONSULTANT"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONSULTANT. The capitalized term "Party" may refer to either CITY or CONSULTANT, interchangeably as appropriate.
RECITALS
This Second Amendment is made and entered into with respect to the following facts:
WHEREAS, on February 12, 2024, the Parties executed and entered into the Master Agreement for CONSULTANT to provide ongoing as -needed municipal engineering services; and
WHEREAS, on February 10, 2025, the Master Agreement was amended to authorize an increase to the Not -to -Exceed Sum to allow the CITY to compensate the CONSULTANT for additional necessary Work; and
WHEREAS, for the purposes of this Second Amendment, the Master Agreement as amended by the First Amendment, may be collectively referred to as the "Master Agreement," which is attached and incorporated hereto as Exhibit "A"; and, WHEREAS, under the terms of the Master Agreement the CITY agreed to pay CONSULTANT a total not -to -exceed sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000); and,
WHEREAS, on April 1, 2025, CONSULTANT requested a CPI increase to the hourly and retainer rates, which would become effective as of July 1, 2025 (hereinafter "CPI Request Letter"); and
WHEREAS, the CPI Request Letter is attached and incorporated hereto as Exhibit "B"; and
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 1.4. (COMPENSATION) of the Master Agreement is hereby 1
amended in entirety to state as follows:
COMPENSATION: CONSULTANT shall perform the Work in accordance with the "Cost and Pricing Proposal Price Sheet" beginning on page 100 of the CONSULTANT PROPOSAL (hereinafter, the "FEE SCHEDULE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted annual aggregate sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) (hereinafter, the "Annual Not -to -Exceed Sum") during the Term of this Agreement, unless such added expenditures are first approved by the City Council. Commencing as of July 1, 2025 and annually on July 1st for the remainder of the Term, the hourly and retainer rates shall be increased by a percentage equal to the greater of the following: (i) the annual percentage increase in the July Consumer Price Index (CPI) for the Los Angeles - Long Beach -Anaheim, CA area for the year immediately preceding; or (ii) five percent (5%). In the event CONSULTANT's charges are projected to exceed the Annual Not -to - Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY's approval of any anticipated expenditures in excess of the Annual Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
SECTION 2. Except as otherwise set forth in this Second Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 6.19 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 3. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this Second Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Master Agreement, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
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2
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY: CONSULTANT:
CITY OF BELL GARDENS BOWMAN INFRASTRUCTURE LTD.
By: By:
Michael B. O'Kelly, City Manager
Name:
Title:
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
Date:
3
EXHIBIT "A"
MASTER AGREEMENT
4
2025
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Parties: Bowman Infrastructure Engineers Ltd. and City of Bell Gardens) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement" and dated February 12, 2024 (hereinafter, "Master Agreement"), is hereby made and entered into this 27 day of January 2025 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and BOWMAN INFRASTRUCTURE ENGINEERS LTD. (hereinafter, "Consultant"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.
RECITALS
This First Amendment is made and entered into with respect to the following facts:
WHEREAS, on February 12, 2024, the Parties executed and entered into the Professional Services Agreement for Consultant to provide ongoing as -needed municipal engineering services; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the City has experienced a substantial increase in the number of engineering projects as stated in Consultant's January 23, 2025 supplemental proposal "Request for Contract Cost Increase — Amendment No. 1" (hereinafter, "January 2025 Supplemental Proposal"), which is attached and incorporated hereto as Exhibit "B"; and WHEREAS, the Parties wish to revise the Annual Not -to -Exceed Sum to allow City to compensate Consultant for the additional necessary Work.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 1.4 (COMPENSATION) of the Master Agreement is hereby amended to increase the total Annual Not -to -Exceed Sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) by ONE MILLION DOLLARS ($1,000,000) for a new Annual Not -to -Exceed Sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) for the additional Work.
1
SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement, shall remain binding, controlling, and in full force and effect. Section 6.19 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement, and except, as otherwise provided under this First Amendment, the Master Agreement, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.
[SIGNATURES ON NEXT PAGE]
2
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
CITY:
CITY OF BELL GARDENS
B:
Michael B. S Kelly, City Manger
Date:
APPROVED AS TO FOR
By:
Stephanie Vasquez, City Attorney
Date: February 6 2025
3 CONSULTANT:
BO MAN INF • STRUCTURE
ENGINEERS LTD.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
CITY: CONSULTANT:
CITY OF BELL GARDENS BOWMAN INF x STRUCTURE
ENGINEERS LTD.
By:
Michael B. O'Kelly, City Manager
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
Date:
3 By:
Name:
Title: _
Date:
4
2024
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Ongoing As -Needed Municipal Engineering Services) (Parties Bowman Infrastructure Engineers Ltd. and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, 'Agreement') is made and entered into this 12th day of February 2024 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and BOWMAN INFRASTRUCTURE ENGINEERS LTD. (hereinafter, 'CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires ongoing as -needed municipal engineering services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the BeII Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term of three (3) years commencing on March 1, 2024 through March 1, 2027 (hereinafter, the "Term"). Nothing In this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term of .the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "Request for Proposal for Municipal Engineering Services" (hereinafter, 'CITY RFP") dated October 10, 2023, and the written proposal of CONSULTANT entitled "City of BeII Gardens Municipal Engineering Services" (hereinafter, the "CONSULTANT 1
PROPOSAL") dated November 9, 2023. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL.
The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as -needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY.
CITY requests for the performance of specific as -needed services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Task Order"). The standard Task Order form will be provided by the City Representative and shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not -to -exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative_
B. CONSULTANT shall perform no as -needed work under this Agreement without a signed Task Order provided by the City Representative, containing the information set forth in Section 1.3 (A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the. absence of a specific schedule or other instructions from the City 2
Representative, CONSULTANT shall begin and complete performance of the Work in a timely and a diligently manner as possible.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the "Cost and Pricing Proposal Price Sheet" beginning on page 100 of the CONSULTANT PROPOSAL (hereinafter, the 'FEE SCHEDULE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted annual aggregate sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) (hereinafter, the "Annual Not -to -Exceed Sum`) during the Term of this Agreement, unless such added expenditures are first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Annual Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT'S performance pending CITY's approval of any anticipated expenditures in excess of the Annual Not -to -Exceed Sum or any other CITY approved amendment tothe compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including any applicable Task Order services and the reimbursable out-of- pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT'S personnel, the invoice should indicate the number of hours worked, 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 will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will 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 3
additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Bernardo Iniguez, Director of Public Works/Facilities (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Sid Mousavi, MSCE, PE, Senior Principal, 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 best 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.
2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
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 highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government 4
Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Work. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely 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 CONSULTANTs 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 CONSULTANTs 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 SUBSTITUTIONOF KEY PERSONNEL: CONSULTANT 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, 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 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 CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATE: 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 responsiblefor 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 are 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 s
control or otherwise govem 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 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 wilt 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.
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C. Workers' Compensation Insurance/ Emplover'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 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 CONSULTANTs 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 s
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 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 CONSULTANTs Work 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, 9
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 CONSULTANTs 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.
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 CONSULTANTs 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 CONSULTANTS DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall 10
apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a "design professional° within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a "design professional." Subject to the limitation of the preceding sentence, to the fullest extent pemmitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the City Indemnities, defined above, from and against any and 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 the negligence, recklessness, or willful misconduct of CONSULTANT•or any of CONSULTANTs officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANTS obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANTS indemnification obligation shall be reduced In proportion to the established comparative liability.
4.9 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 CONSULTANTS 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 subsection 4.2, above.
4.10 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 CONSULTANTS failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANTs failure to either: (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.
11
4.11 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.
4.12 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.
4.13 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.
4.14 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.
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 12
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 5.2(B) and 5.2(C), 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 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii. 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 13
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 5.2(B)(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 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 14
constitute a waiver of any other or subsequent Event of Default or breach.
No iver, 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:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. 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 Ag ment.
G. In the event CITY is in breach of this Ag = ment, 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 sa 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 of this Agreement.
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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 retumed 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:
CONSULTANT:
Bowman Infrastructure Engineers Ltd.
3060 Satum Street
Suite 250
Brea, CA 92821
16 CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Public
Works/Facilities
Attn: Sid Mousavi, MSCE, PE, Senior
Principal
Phone: 714-940-0100
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered Q 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.
17
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. 6A8 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 1E
fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. 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 ti for perfomiing the servit . for the period of the enforced delay when and if in the judgment of the City Representative such -delay is justified. The City Rep ntative'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% sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shalt constitute one and the same instrument. No handwritten or typewritten amendment, modif tion 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 two original counterparts will be retained by CITY. (SIGNATURES ON N PAGE)
19
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:
Name: Michael B. O'Kelly
Title:
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
City Manager
20 BO ANINF''STRUCTURE
ENGINEERS LTD.:
By: _
Name: r7.4Lat
Title: 6'r%n •C x
Date: 2,
acct r1
of- erect*
IN WITNESS EREOF, the P : - s h to have cau = this Ag t to be ex the day and year first ap -; ring in this Ag
CITY OF BELL GA ' i ENS:
M. el B.
Title: City Man
Date:
APPROVED AS TO FORM:
hanie Vasquez, City Attorney
20 ment, above.
B N INF STRUCTURE
ENGIN RS L
:-ii2rr ; 01 Q QdS
Date: ,2 x/26 /14 2-1
IBIT "A"
CITY RFP
21
CITY OF BELL GARDENS
PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 + WVWW.BELLGARDENS.ORG
REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
ADDENDUM NO. 2
October 30, 2023
This addendum is being issued for the REQUEST FOR PROPOSALS FOR MUNICIPAL ENGINEERING SERVICES.
Submit a proposal for these services with the full understanding and full consideration of this addendum.
A. This addendum is being issued to make the following changes:
1. The Proposal submittal deadline is extended from 5:00 P.M. on Thursday, November 2, 2023, to 5:00 P.M. on Thursday, November 9, 2023.
2. In the Submittal Procedures/Deadline section, the tentative schedule is revised to read as follows:
Release of RFP
Deadline for Questions
Response to Questions
Proposal Due Date
Interviews with Proposers, if necessary Tuesda November 21 2023 City Council Recommendation of Award Monday, December 11, 2023 B. This addendum is being issued to incorporate the following Questions and Answers ("QM") into the RFP:
1. Q: Are firms required to submit a response for all the services (entire scope of work) or may they choose which service areas to respond to? We understand that it is the intent of the City to select a single Consultant to provide services? A: As stated in the RFP, it is the intent of the City to select a single Consultant to provide the requested municipal engineering services; however, the City reserves the right to select one or more Consultants to provide as -needed municipal engineering services through this RFP. Firms may choose which Scope of Work categories to respond to; however: the City's preference is to select one firm (Le., the same firm) to provide the services under Scope of Work categories A. (City Engineer Retainer), B. (As -Needed Traffic Engineer), C. (Public Works Permit Tuesday, October 10, 2023
Thursda October 19, 2023 m
Monday+, October 30, 2023
Thursday, November 9, 2023 le 5:00 p.m.
5:00
Addendum No. 2
RFP for Municipal E ring Services
Management and inspection), D. (As -Needed Water Engineer), E. (As -Needed Development Engineer), and H. (NPDES Stormwater Compliance Consultant Services). The City may select one or more firms to provide the services under Scope of Work category F (As -Needed Public Works/CIP Project Design, Project Management & Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services).
2. Q: Our firm is unfamiliar and has never been subj N - to a - structure that is ba = -+ on a percentage of average construction low bid results. Please consider revising the method of compensation for As Needed Public Works / GIP Design, Protect Manage =nt & Administration, Funding Management, Construction Manage nt, Construction Inspection and Labor Compliance Services to Hourly rates, not- • =x a negotiated scope and allowance. The City's determination on this item may affect our ability to propose.
A: Submit a proposal in accordance with the RFP Method of Compensation and Proposal Format and Content Requirements sections.
3. Q: Can firms submit on so parts of the scope, or does the City nt only comprehensive proposals for all scope items?
A: Refer to Answer to Question 1.
4. Q: How many contracts will be issued?
A: Unknown at this time.
5. Q: Is there any way for a fu r extension for the RFP due date — preferably to Tate November?
A: Refer to Section A.1 of this addendum.
6. Q: Would the City consider an electronic only submittal rather than hard copy? A: Proposer must submit a proposal in accordance with the RFP Submittal Procedure adline section.
7. Q: Should Attach = nt 1B° — Acknowledg ent of City's standard form Agreement be included with the proposal?
A: Yes.
8. Q: Does the City envision that this contract could be used to acquire support staff? Many other c' 1 - use the On -Call contract as a = ns of pulling in outside support staff when that n - - a • -s. Having staff support as a part of the On -Call RFPs not only gives flexibility but lyzes competition that =ults in I. - r billing rates for those staff as well.
A: As stated in the RFP, the City is seeking proposals for various as -needed, i.e., on -call, municipal engineering services.
Addendum No. 2
RFP for Municipal Engineering Services
9. Q: The RFP mentions that the City has used private firms in the past for the services mentioned in the scope. What firms did the City use? Could the City share any estimate based on the historic data about the total number of personnel proposed or working currently along with the hourly rate and spending done on contract?
A: The City has previously contracted with Willdan and currently contracts with infrastructure Engineers, previously known as Advanced Applied Engineering, for municipal engineering services.
10.Q: How many firms is the City planning on selecting? Is there a preference for firms who can provide all services listed in the scope?? A. The number of firms is unknown at this time. As stated in the RFP, it is the intent of the City to select a single Consultant to provide the requested municipal engineering services; however; the City reserves the right to select one or more Consultants to provide as -needed municipal engineering services through this RFP.
11.Q: Please specify the total budget allocated for this contract? A: The total budget allocated for this contract is unknown at this time since the number of Capital Improvement Program projects will vary; and the City has not determined how many contracts will be awarded.
12. Q: Do the services need to be delivered onsite or is there a possibility for remote operations and performance?
A: Services will be delivered onsite and remotely Refer to the RFP Scope of Work section.
13. Q: Please specify the anticipated start date of the project.
A: The anticipated effective date for the professional services agreement is December 11, 2023.
14. Q: Are escalations to hourly rates allowed?
A: As part of their proposal, proposers may request an annual adjustment to the hourly rates after the initial year, not to exceed the percentage change in the Consumer Price Index for All Urban Consumers, Los Angeles area, for the 12 -month period ending September immediately preceding the agreement anniversary date. Any adjustment to the hourly rates would take effect on January 1 st each year.
15. Q: Are there any CaiPERS concerns we should be aware of? A: The contracted firm(s) shall be responsible for any salaries and benefits of their respective employees as a direct result of providing the contracted municipal engineering services contained in this RFP; including any pension liabilities for employees of the firm(s). The contracted firm(s) shall not use any Ca/PERS retirees for any of the services contained in this RFP
Addendum No. 2
RFP for Municipal E ;!nearing Servi
16. Q: Can firms apply for a portion of a category? For instance, Category F lists Project Design, Project Management &Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services. - we able to provide just project management servi w = or are we required to fulfill all se s listed in the .. . ory?
A: Firms are required to fulfill all services listed within a respective category.
17.Q: Since some of the scope is for as -needed services and positions, how does the City recommend listing out deliverables needed and creating a work plan showing proposed hours for each retainer service as required in section 2:
Methodology of the Proposal Format and Content Requirements.
A: it is up the proposer to provide a methodology to address the components in the Scope of Work.
18.Q: Is there any special consideration given to small or disadvantaged busines - - ?
A: No.
Proposers who have already subm
return of their proposal.
Bernardo Iniguez
Director of Public Works/Facilities
their proposal will be contacted to arrange for
The Proposer shall individually identify and ackno .ge ipt of this addendum by signing and enclosing a copy of this form in their proposal submittal. Failure to do so may result in disquali « tion of their proposal.
Signature of Proposer
Date
Proposer Firm Na_ and Addr
CITY OF BELL GARDENS
P LI iB l.. I CWORKS DEPARTMENT
8327 GARFIELDD AVENUE a BELL GARDENS, CALIFORNIA 90201-5122 (562) 606:7770 FAX (E6;2) 606-7789 VOANV:BEL LGARDE.NS,ORG
REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
ADDENDUM NO. 1
October 16, 2023
This addendum is being issued for the REQUEST FOR PROPOSALS FOR MUNICIPAL
ENGINEERING SERVICES
Submit a proposal for these services with the full understanding and full consideration of this addendum.
This addendum is being issued to make the following changes:
1. The Proposal submittal deadline is extended from 5.00 P.M. on Thursday, October 26, 2023 to 5:00 P.M. on Thursday, November 2, 2023.
2. In the Submittal Procedures/Deadline section, the tentative schedule is revised to read as follows:
FRelease of RFP i Tuesday, October 10, 2023
I Deadline for Questions 1 Thursday, October 19, 2023 © 5:00 p.m. 1 Response to Questions t Thursday, October 26, 2023 _ i
Proposal Due Date I Thursd , November 2, 2023 g.5:QQ,pm ..
Interviews with Proposers, if necessary Tuesday, November 14, 2023 , I City Council Recommendation of Award : Monday, December 11, 2023
3. In the Method of Compensation section, "Traffic Engineer Retainer" is revised to read "As -Needed Traffic Engineer," and the corresponding Compensation Method for this Work Item is revised from "Lump sum per month" to "Hourly rates." Sincerely,,
Berner o in uez
Director of Public Works/Facilities
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal.
Signature of Proposer Date,
Proposer Firm Name and Address
•
RFP Release Date
Tuesday, October 10, 2023
Pros I Su
5:00 p.m., Thursday,
dllne
ber 26, 2023
Contact Pere
mardo Iniguez, Director of Public W /Facilities
City of : II ns
8327 Garfield Avenue
BeII Gardens, CA ► 201
(562) 806-7770
biniquez(belligardens.or
7100 Garfield Avenue • _ = II Gardens, CA 90201 • (662) 806-7700 • .beligard
TABLE OF CONTENTS
BACKGROUND AND GENE ` i L INFOR TION 3
SUBMITTAL PROCEDURES/DEADLINE 3
DEFINITIONS, TERMS, AND CONDITIONS 4
SCOPE OF WORK 12
METHOD OF COMPENSATION 36
PROPOSAL FORMAT AND CONTENT REQUIREMENTS ..36
EVALUATION CRITERIA 39
ATTACHMENTS:
Attachment A — Proposal Price Sheet
Attachment B — Acknowledgement of City's Standard Form of Ag = ment Attachment C — Sample Professional Services Agreement
BACKGROUND AND GENERAL INFORMATION
The City of Bell Gardens (City) was incorporated on August 1, 1981, as a general law city, thus, it operates under the Council/Manager form of government. The five City Council members are elected at -large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy -making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, BeII, Downey, and Commerce. The City is considered an Integral part of the Los Angeles -Long Beach metropolitan area.
The City's departments include Finance and Administration, City Clerk, Community Development, Recreation and Community Services, Police, and Public Works. Fire services are provided by the Los Angeles County Fire Department
The Public Works Department consists of various divisions, including Administration, Street Maintenance, Parks and Facilities Maintenance, Utilities and Contracts, Solid Waste Management, Transportation Services, and the City Water System. The Public Works Department also manages the City's Capital Improvement Program (CIP). The fiscal year 2023/2024 CIP budget consists of 25 CIP projects totaling approximately $43.7 million.
The City is seeking proposals from qualified firms with proven expertise to provide professional engineering contract services, including 1) City Engineer services retainer through a qualified California -licensed professional engineer who will serve as the City's designated "City Engineer;" 2) as -needed Traffic Engineer services; 3) Public Works permit management and inspection services; 4) as -needed Water Engineer services; 5) as -needed Development Engineer services; 6) as -needed Public Works/CIP project design, project management & administration, funding management, construction management and inspection, and labor compliance services; 7) as -needed other/additional Public Works engineering services; and 8) NPDES Stormwater Compliance Consultant services for the Public Works .Department (collectively "municipal engineering services"). The City currently contracts out these municipal engineering services to a private firm and is seeking to re-evaluate costs and qualifications.
Please review this Request for Proposals for Municipal Engineering Services (RFP) outlining the range of services being sought to determine if you wish to submit a proposal for the requested services.
It is the Intent of the City to select a single Consultant to provide the requested municipal engineering services; however, the City reserves the right to select one or more Consultants to provide as -needed municipal engineering services either through this RFP or through subsequent solicitations for as -needed municipal engineering services. The term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions.
SUBMITTAL PROCEDURES/DEADLINE
An electronic version of the proposal shall be emailed to citycierkdesk ca beliaardens. arq and bity:(uez beli ardens.orq no later than 5:40 p.m. on Thursday, October 26, 3
2023. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than 5:00 p..m. on Thursday, October 26, 2023, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "City of Be1I Gardens Proposal for Municipal Engineering Services". if the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with "City of Bell Gardens Proposal for Municipal Engineering Services" written below the address label and addressed as follows:
City Clerk's Office
Attention: Daisy Gomez, City Clerk
Municipal Engineering Services RFP Response
City of BeII Gardens
7100 Garfield Avenue
BeII Gardens, CA 90201
Questions and inquiries •
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Bernardo Iniguez, Director of Public Works/Facilities, at biniguez a�?,bellgardens.q g. The deadline for written questions and inquiries is Tuesday, October 17, 2023 at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.
The tentative schedule for this RFP is as follows:
Release of RFP
Deadline for Questions
Response to Questions
j Propoal Due Date
Interviews with Proposers, If necessary
Council Recommendation of Award
Tuesday, October 10, 2023
Tuesday, October 17, 2023 5:00 p.m
Thursday, October 19, 2023
Thursday, October 26, 2023 a. 5:00 p.m.
Wednesday, November 1, 2023
Monday, November 13, 2023
DEFINITIONS, TERMS, AND CONDITIONS
Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:
City Council: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.
Agreement: An agreement between the City and the selected Consultant to furnish professional services over a designated period.
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Consultant: The bidder, contractor, vendor, firm, company, proposer, organization, or individual offering a proposal in response to this RFP.
Proposal General Terms and Conditions:
RFP General Conditions
Consultants should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP.
Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the united extent the City determines that any Information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Consultants acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, except for those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or °Proprietary.' The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary' or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as non -responsive. 'Proposal Validity
All proposals, with associated costs, shall be considered valid and binding on the Consultant for a period of ninety (90) days after the proposal due date.
Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by a Consultant signifies full agreement with this requirement.
Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Consultant must ensure that the proposal is delivered.
Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk's Office shall be the official time of receipt. 5
Alterations
Proposal documents cannot be physically altered or amended after the closing date. Alterations made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date, and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.
Point of Contact and Communication
The Director of Public Works/Facilities is the designated "Point of Contact" for this RFP.
Proposers must only communicate with the Point of Contact during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the Point of Contact as follows:
City of Bell Gardens
Attention: Bernardo Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
Email: [email protected]
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Consultant outside of the communication procedures established in this RFP. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.
Proposers .and proposers' representatives may not communicate with the City Council members about this RFP. In addition, proposers and proposers' representatives may not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City regarding this RFP until after Agreement Award. However, proposers and their representatives are not prohibited from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "proposer" or "proposer's representative" includes all of the proposer's employees, officers, directors, Consultants and agents, any subcontractors or suppliers listed in the proposer's proposal, and any individual or entity who has been requested by the proposer to contact the City on the proposer's behalf.
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Reservations
The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City's potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement Is awarded, the award win be to the Consultant or Consultants who in the judgment of the City have presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposals are best for the City. Additionally, the City may, for any reason, decide not to award any agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs. There is no guarantee that the City will award an agreement.
Reimbursements
The Consultant shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consultant's participation in this RFP process.
Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available.
Necotiations
Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one firm.
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Additional Information
During the proposal evaluation process, .the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Consultants. The City also reserves the right to investigate the qualifications of the proposed Consultant(s) as it deems appropriate.
Award of Agreement
Award of any agreement resulting from this RFP win be by the City Council at a public meeting.
State and Federal Requirements
Since some of the City's projects and programs are funded through State or federal funds, the selected Consultant will comply with any applicable State or federal provisions, including but not limited to, the Community Development Block Grant (CDBG) Contract and Federal Provisions, which include Non-discrimination and Equal Employment Opportunity requirements, Conflict of Interest requirements, County Lobbying Certification, Warranty of Compliance with County's Defaulted Property Tax Reduction Program, and Federal Lobbying Certification. Also, if applicable, selection of the Consultant win comply fully with the requirements of OMB Circular A-102 and all other federal procurement standards.
During the performance of the Agreement, the selected Consultant will agree to comply with the following CDBG Contract and Federal provisions:
1. Non -Discrimination and Equal Employment Opportunity A. The Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
D. Executive Order 11246 requires that during the performance of this Agreement, Consultant agrees not to discriminate against any employee or applicant for 8
employment because of race, religion, sex, color or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisionsof this nondiscrimination clause.
E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing In the area of the project.
F. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.
G. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title.
H. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified disabled individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply.
2. Conflict of Interest
The Consultant, its agents and employees shall comply will all applicable Federal, State and County laws and regulations governing conflict of interest induding, but not limited to, 24 CFR Section 570.611 and 24 CFR Part 85, Section 85.36{b). The Consultant agrees to incorporate the language found in this Section, Conflict of Interest, in contracts using CDBG funds and subject to compliance with conflict of Interest Federal, State and County laws.
The general rule shall be that no person described in the Persons covered section below of this Section, Conflict of Interest, who exercise, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have 9
business or immediate family ties, during their tenure or for one year thereafter.
Persons covered -The conflict of interest provisions of this Section, Conflict of Interest, shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds.
The Consultant represents, warrants and agrees that to the best of its knowledge, It does not presently have, nor will it acquire during the term of the Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1 %) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the County or County of Los Angeles Community Development Commission.
Upon execution of this Contract and during its term, as appropriate, the Consultant shall, disclose in writing to the County any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County's and/or Commission's interest and the interests of the third parties.
3. Records and Audits
The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records -as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84.53)
4. County Lobbying Certification
The Consultant certifies that:
A. It is understood that each person/entity/fimm who applies for a Community Development Commission contract, as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter
2.160, (Los Angeles County Ordinance 9.-0031) and;
B. That all persons/entity/firm who seek a contract with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.
5. Consultant's Warranty of Compliance with County's Defaulted Property Tax Reduction Program:
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A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206.
B. Failure of the Consultant to maintain compliance with the requirements set forth in the "County's Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206.
6. Federal Lobbying Certlfication
The Consultant certifies that
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form-LLL, "Disclosures Form to Report Lobbying", in accordance with Its instructions.
C. The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly.
Familiarity with Caltrans Local Assistance Procedures Manual The Consultant shall be familiar with the Caltrans Local Assistance Procedures Manual (LAPM) as demonstrated by experience on projects processed through the Caltrans Local Assistance Program. Projects financed in whole or in part with federal funds are also subject to Tide 49 of the Code of Federal Regulations, Part 26, "Participation by Disadvantaged Business 11
Enterprises in Department of Transportation Financial Assistance Programs." The Consultant shall ensure that the Disadvantaged Business Enterprise Participation Level (DBE Goal) for each project is calculated and adhered to, either through meeting the goal or demonstrating a good faith effort to meet the goal. The Consultant will be required to adhere to any new federal requirements during the term of the Agreement.
Labor Compliance
The selected Consultant will comply with any applicable State or federal labor compliance requirements, including the paying of prevailing wages to certain classifications performing work under an agreement awarded as a result of this RFP, if the State Department of industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the agreement.
Consultant Dress Code 4Appearance, and Equipment
The selected Consultant shall require each of its employees to adhere to industry standards of work ethic and attire. Shirts shall be wom at all times and shall be buttoned and tucked in. The Consultant's employees shall have shirts with the Consultant's company logo or wear Consultant -issued identification cards at all times while performing work on behalf of the City.
No caps with insignias or designs other than the Consultants logo may be worn and no caps shall be wom backwards. The Consultant shall provide its employees all of the necessary equipment, vehicles, and apparatus needed to perform the services contained in this RFP.
The primary goal of this RFP is to solicit proposals from qualified Consultants who can assist the City with municipal engineering services.
The Scope of Work is as follows:
A. City Engineer Retainer
The firm will provide a qualified individual to serve as the City's designated "City Engineer," who will report directly to the Director of Public Works/Facilities. The City Engineer shall be a registered professional civil engineer in the State of California for at least the past ten (10) years and have been assigned to serve the role of City Engineer in a California municipality within the past three (3) years. The retainer hours will be eighty (80) hours per month, with four (4) hours of regular weekly office hours at the Public Works Maintenance Yard office on Tuesdays and Thursdays from 1:00 p.m. to 5:00 p.m. For the remaining monthly retainer hours, the City Engineer will be available off -site for electronic or telephone communication with City staff, public officials, community leaders, developers, contractors, utilities, public agencies, and the general public. The City Engineer's tasks may include, but not be limited to, the following:
1. Attend public meetings including, but not limited to, meetings of the City Council, Planning Commission, and Traffic and Safety Commission; and staff level meetings 12
with City staff, public officials, community leaders, developers, contractors, utilities, public agencies, and the general public.
2. Analyze the City's needs and prepare, recommend, and administer long- and short-range programs consistent with the economic capabilities of the City. This includes preparation of any and all documentation related to the City's annual Capital Improvement Program (CIP) project budgets.
3. identify current and future CIP projects, recommend those future CIP projects to the Director of Public Works/Facilities for inclusion in the upcoming fiscal year's CIP project budget, and document budget, scope, schedule, status, organizational responsibility (including other Professional Engineering Firms) and funding sources for CIP projects.
4. Conduct biweekly CIP Update meetings, tracking all CIP projects, including current status, funding/budget status, and provide a bi-weekly CIP project report to the Director of Public Work,s/F'acilities; coordinate with City staff and various consultants to deliver the City's CIP projects; and assist the Director of Public Works/Facilities with the management of the City's CIP including managing design consultants, consultant project managers, and consultant construction managers.
5. Review and comment on private development projects including private development construction plans, site plans, or subdivision maps for compliance with City adopted design standards, subdivision standards, including, but not limited to, review of the following:
a. May Plans: Review tentative maps, final maps, easement deeds and lot fine adjustments, and comply with the Conditions of Approval as set by City staff, City commissions, and the City Council. Consultant shall check and review map boundaries, metes and bounds, and field check final documentation prior to bond exoneration.
b. Hydrology and Hydraulics Plans: Review hydrology and hydraulic studies in compliance with Los Angeles County Drainage Design Standards, Hydrology Manuals, Local Drainage Manuals, and utilize appropriate Hydrology and Hydraulics software programs.
c. Street improvement Plans: Review street, drainage, and traffic control plans in compliance with the following: City standards, Standard Plans and Specifications for Public Works Construction (Greenbook), MUTCD, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, Los Angeles County Hydrology Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and California Title 24 requirements.
d. Structural improvement Plans and calculations.
6. Provide general engineering consultation in connection with problems such as traffic 13
congestion, - . for traffic calming, parking issues, street signs programs, water services, etc.
7. Recommend policies, regulations and/or ordinances pertaining to engineering matters.
8. Provide technical advice for the City's pe ► nnel assigned to Public Works maintenance activities.
9. Ad ' the City = ►arding engineering, construction financing, and grant funding ortunities available from other govern ntal agencies and, - n so directed, prepare and initiate applications for such funding opportunities.
10. Make r
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mmendations pertaining to land development project control.
11. Establish working rel nships and • rdination with all other public agencies and private utilities involving engineering matters affecting City.
12.Conduct field investigations of various engineering issues.
13.Assist the City with the processing of requi •eral, state and regional permits.
14.Assist the City pr -ssing grant applications and administration of awarded grants.
15. Perform miscellaneous engineering tasks, feasibility studies, investigations, and other duties as directed by the Director of Public Works/Facilities.
16. Establish working relationships with adjacent agencies, utilities, federal, state and regional agencies, and special districts.
B. As -Needed T ffic
The firm will provide a qualified individual to serve as the City's designated °City Traffic Engineer on an as -needed basis. The City Traffic Engineer shall be a = • istered professional traffic engineer in the State of California for at least the past ten (10) years and have been assigned to serve the role of City Traffic Engineer in a California municipality within the past th = (3) years. The City Traffic Engineer's tasks may include, but not be limited to, the following:
1. Advise and assist City's departments, commissions, committees, and the City Council on various traffic related issues and provide interface with regional and State trans ' = tion agencies.
2. Assess the potential traffic impact of proposed development/redevelopment projects.
3. When requested by the Director of Public Works/Facilities (or h' designee), prepare engineering reports to the Traffic and Safety Commission in response to 14
requests for traffic control device installations and modifications, induding, but not limited to, stop signs, crosswalks, traffic channeiization, speed humps/bumps, parking restrictions, and speed zones; disabled parking requests; permit parking district requests; and any other traffic -related matters within the purview of the Traffic and Safety Commission.
4. Prepare grant applications for funding from federal, state, and regional/local agencies for traffic safety studies and improvements.
5. Identify, review, and develop recommendations for corrective measures at locations experiencing accident rates higher than normally anticipated.
6. Provide technical advice to City's staff in connection with the maintenance and operation of City's traffic signal facilities.
7. Conduct or review traffic engineering, traffic analysis, speed analysis, and transportation planning studies or project -specific traffic -related issues.
8. Provide comprehensive analyses of existing and projected traffic conditions.
9. Provide electronic traffic control device studies and design including, but not limited to, signs, signals, pavement markings, pedestrian flashers, and rectangular rapid flashing beacons.
10. Perform pedestrian studies induding those to provide safe routes to school.
11. Review subdivision or new development projects involving traffic Impact analyses.
12. Ensure compliance with traffic standards including, but not limited to, the CA Manual on Uniform Traffic Control Devices (CA MUTCD).
13. Perform miscellaneous traffic engineering services.
C. Public Works Permit Management and inspection
The firm will provide a qualified individual to serve as the City's designated "Public Works Inspector." The Public Works Inspector shall have at least five (5) years of experience conducting public works inspections for municipal right-of-way or encroachment permits, and have performed public works inspection services in a California municipality within the past twelve (12) months. The Public Works Inspector will be available for eighty (80) hours per month, with office hours at the Public Works Maintenance Yard office from 8:00 a.m. to 10:00 a.m., Monday through Thursday, for permit management, processing, issuance, and counter inquiries; and field hours in the City for inspections and other site visits from 10:00 a.m. to 1:00 p.m., Monday through Thursday. The Public Works inspector's tasks may include, but not be limited to, the following:
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1. R - ive, revi = pr ► s Public Works permit applications; assess permit fees; and issue permits to applicants.
2. Handle public works permit and other engineering -related matters and inquiries at the Public Works Maintenance Yard office, including responding to inquiries from permittees or potential permit applicants.
3. Provide construction inspection/observation of permit work within the public right-of- way, including issuing correction notices, if ne •sary, and closing out finaled permits.
4. Provide a daily schedule of inspections to the Director of Public Works/Facilities.
5. Issue stop work noti for unpermitted work.
6. Maintain a log of Public Works permits, showing the permit status.
7. Ensure permittees are complying with minimum construction BMPs to prevent construction debris fry. entering the storm drain system.
D. As -Nee Water Engineer
The firm will provide as -needed water engineering se ►-s through a quali = Water Engineer at the request of the Director of Public Works/Facilities (or his/her designee).
The Water Engineer shall be a registered professional civil engineer in the to of California for at least the past ten (10) years and have performed Water Engineer services in a California municipality within the past three (3) years. The Water Engineer's tasks y include, but not be Iim t; . to, the following:
1. Attend stings regarding the City's Water System.
2. Review water policy issues for the City.
3. As _ _ the potential impact of proposed development and/or redevelopment projects on the City's Water System.
4. Prepare ' -ter studies, water master plans, water 0.. servations plans, or other similar water -related plans.
5. Provide technical advice to City staff regarding the maintenance and operation of the City's water system.
6. Rev potential regulations impacting the City's Water System. 16
7. Providetechnical =:morandums on rec= nded =ter trea -nt systems including, but not lim to, treatment for PFAS, tats, and other • pounds or pollutants of concern - +°ng water quality.
E. As -N . d . elopment Engi
The firm will provide as -needed development engineering services through a qualified Development Engineer at the request of the Director of Public Wo = acilities (or his/her designee). The Development Engi =r shall be a registered professional civil engineer in the State of California for at least the past ten (10) years and have perto Development Engineer services in a Califomia municipality within the past three (3) years. The Develop -nt Engineer's tasks may include, but not be limited to, the foll. _ ing:
1. Attend public meetings including, but not limited to, meetings of the City Council and Planning Commission; and meetings with City staff, public officials, community leaders, developers, contractors, and the general public.
2. Revi and comment on planning progra and land development projects.
3. Provide general engineering consultation in connection with the business of the Community Development Department/Planning Division.
4. Revi tentative and final tract and parcel maps, site plans, and other submittals for developments and :ke =F.m =ndations as to engineering matters until final action is taken by the City.
5. Revi : check, and approve land divisions.
6. Check all improvement plans prepared by private developers for facilities under the jurisdiction of the City.
7. Establish performance and labor and material bond amounts when required and require posting of such securities and other development = within the proper time • uence of such development revi
8. Provide field inspection during construction of such improvements by private developers and at the proper time, r- r. m nd notices of completion and a • - ptance of work.
9. Provide such n =. -ssary and rela functions as are normal practice of the City in the City engineering review of private develop nts.
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F. As -Needed Public WorksICIP Protect Design, Protect Management & Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services
The firm will provide as -needed Public Works/CIP project design, project management & administration, funding management, construction management and inspection, and labor compliance services through qualified individuals at the request of the Director of Public Works/Facilities (or his/her designee). The firm's design phase and construction phase staff must each have at least five (5) years of experience of providing design phase and construction phase engineering services to municipalities in California and have performed these services for California municipalities within the past twelve (12) months. Plans, specifications, engineering reports and/or studies must contain a valid registered professional engineer/architect stamp from Consultant's staff, who shall be registered professionals in the State of California. The firm's tasks may include, but not be limited to, the following:
1. Public Works/CIP Project Design Services:
a. General Design Services
i. Prepare preliminary and final design for Public Works/CIP projects, including, but not limited to, plans, specifications, design calculations, analyses and project design schedules as required by the conditions on the respective project.
ii. Prepare plans and specifications in accordance with a format appropriate for the respective project including, but not limited to, City standard plans and specifications, "Greenbook" Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction, Ca[trans standards, or Construction Specifications Institute (CSI) standards. iii. Conduct all field, topographic, and control surveys; prepare all geotechnical studies and reports; obtain title reports for adjacent properties as required; and include survey by a licensed surveyor of all property lines and easements for anticipated right-of-way and easement acquisitions. All topographic survey, property lines, and easements shall be mapped and accurately provided in AutoCAD format for use during design.
iv. Provide 30% conceptual plans, as well as 60%, 90%, and 100% plans, specifications, and estimate (PS&E) submittal packages for City review. v. Prepare project cost estimates and perform field reviews as needed. vi. Perform peer review services for general compliance. vii. Prepare utility coordination letters and coordinate with all utilities to obtain existing utility record plans, as-builts, schematics, etc. The existing utility information shall be shown on the final design plans.
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viii. Prepare feasibility studies as needed.
ix. Prepare final bid documents incorporating all comments from previous reviews. Final plans shall be plo electronically to PDF in full size, and shall be signed by the engineer in responsible charge licensed in the State of Califomia.
x. Attend pre -bid dings to add any questions about the project.
Assist in the preparation of any ne-- =:sary addenda that may be required. xii. Review and respond to contractors Requests for Information as well as review and approve submittals.
xiii. Attend pre-constru
n meetings.
Review, prepare and approve shop drawings.
xv. Coordinate with pertinent regulatory agencies, stakeholders, material and equipment suppliers and assist the City with obtaining approvals and permits as may be required from applicable agent' = - including, but not limited to, Los Angeles County, Metropolitan Water District, Metropolitan Transportation Authority, Caltrans, or other federal, state, regional, and local agencies. b. Land Surveying
i. Provide field and o «- land surveying services for the construction of municipal improv = nts including, but not limited to, facilities, s ts, traffic signals, walls, bridges, trails, storm drains, channels, and utilities. All work is to be performed under the direct supervision and charge of a registered land surveyor in the State of California.
ii. Land surveying servi - may include the following:
1. Monument perpetuation in compliance with Califomia Business and Professions Code, Section 8771
2. raphical Positioning Sys = (GPS)
3. Topographical and preliminary design surveys
4. Aerial Photography
5. Construc ' . survey staking and earthwork
6. °As built" sunreys/plans of completed improvements
7. Title and records research for right-of-way engineering, property acquisitions, dedications, vacations, and boundary surveys
8. Preparation of legal descriptions for easements, dedications, and leases
9. Preparation of survey records, comer records, parcel maps, tract maps, and lot line adjust nts
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c. Environmental Com ran rmittin
i. The Consultant shall be responsible for determining all environmental or jurisdictional permits and clearances required to deliver the respective project.
Based on the assessment, the Consultant shall prepare, submit all required permit applications, environmental review documentation, and related documents for processing by the City; and obtain all required environmental or jurisdictional permits required by federal, state, local, and jurisdictional agencies to ensure the project is cleared for construction.
The Consultant shall prepare appropriate California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation and any associated technical studies, if applicable, that are required to clear the project for construction. The documentation may include, but not be limited to, the following:
1. Initial Study
2. Mitigated Negative Declaration
3. Negative Declaration
4. CEQA/NEPA Compliance
5. Environmental Impact Statement/Environmental Impact Report
6. Biological Assessment
7. Regulatory agency permitting
iii. The Consultant shall prepare a schedule of permits with the required timelines to ensure each permit is obtained prior to the start of construction. iv. The Consultant shall prepare all environmental documents in preliminary and final draft stages for City review, and shall incorporate any comments made during the preliminary document review.
v. If applicable, the Consultant shall coordinate and manage the environmental document approval process, including all public review and hearings that may be required.
d. Geotechnical Engineering and Materials Testing
i. The Consultant shall provide Geotechnical Engineering and Materials Testing Services including, but not be limited to, the following:
1, Laboratory testing
2. Materials sampling and field testing
3. Drilling/subsurface exploration; pavement coring
4. Geophysical Investigation
5. Pavement rehabilitation evaluation/recommendation; identify pavement dig -out areas for pavement resurfacing projects.
6. Geological/Geotechnical Engineering
7. Source Inspection Quality Management Plan (SIQMP) Reports 20
8. Materials/Foundation/Geotechnical Design Reports
9. Soils Reports
10.5 . laity Testing
e. Landscape Architectural Servi -s
i. The Consultant shall provide Landscape Architect Servi:- for City parks, trails, - ;t medians and parking lots, including dog parks and other approved park projects, through a California -lice landscape architect in the State of California for at least the past ten (10) years and have performed landscape architectural services in a California municipality within the past th (3) years.
These servi.= will include, but not be limited to, the following:
1. Landscape architecture, including preparation of plans, s► < iflcations, esti - tes, and scheduling.
2. Complete data col 'on including, but not limited to, file review, General Plan review, scoping meetings, boundary and topographic surveying, research of existing utility locations, and engineering studies.
3. Coordinate with City staff and consultants for CIP projects and other City projects.
4. Provide conceptual design and alternative development plans and schematic plans including 3D modeling and videos of the pro as •ed.
5. Conduct informational workshops, monthly status meetings, and presentations to City officials, as needed.
6. Provide information regarding any additional sery r- that may benefit the City.
7. Other related services as requested/directed by the Director of Public Worics/Facilities.
2. Project Management & Administration:
a. The Consultant shall perform the following tasks:
i. ist City staff in scoping, developing, and scheduling capital projects.
H. Prepare RFQs and RFPs, as necessary.
hi. ist City staff with coordination with other City departments, agencies, utilities, and community as required; monitoring budget and schedule; community outreach as required; and serving as the City's owner representative in all aspects of the project p =ss, if directed by the Director of Public Works/Facilities.
3. Funding Management:
a. The Consultant shall nage the local, state, or federal funding and reporting to the respective funding agencies including Caltrans, Metro, FHWA, FTA, HUD, State Parks, etc.
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4. Construction Management and Ins tion Services
a. The Consultant shall provide professional engineerslconstruction nagers with significant experience in administering Public Works/CIP projects. The proposed Consultant staff will be well versed in all aspects of construction administration including, but not limited to, project scheduling, project controls, project management, partnering, and claims resolution, in order to ensure project completion on time and within the established budget of the res • - tive project.
Projects in the City vary in size, magnitude, and s • • including, but not limited to, s - _,t improvements, facility improvements, park improvements, storm drain, pipeline or utility improve nts, and traffic signal improvements. The Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks:
I. Provide and maintain contract administration and full-time project inspection for the duration of each respective p ct.
ii. Coordinate meetings with City rep , , ntatives, contractors, and other agencies related to the project, including scheduling and chairing of pr- «• nstruction meetings and progress meetings; providing assistance in responding to all questions in a timely manner and preparing meeting minutes.
iii. Establish
participants.
Ina
rdination and communication procedures among project
Provide videotape and photographic documentation of project site prior to and during construction.
v. Assist the City's representatives in conducting and coordinating field meetings with contractors and act as the City's liaison for coordination and mun .;tion with other agencies, engineers, and architects as needed.
Coordinate "r design engineers and project managers on design issues encountered during construction.
vii. Coordinate and facilitate coordination utility companies and the contractor.
viii. Provide public outreach servi f= - as required.
Review the project contract docu - nts and perform a constructability review.
x. Review the contractor's submittals in a M«•rdance with the require =>nts of the project specifications and the City's requl _-_ nts prior to final approval.
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xi. Review and respond to all pro - Requests for Info =tion (RFIs) in a timely manner.
xii. Review and facilitate submittals and shop drawings. xiii. Establish and impl. -nt pr. •= •ures for pro' =sing and expediting RFIs/Requests for Clarification (RFCs), approval of shop drawing submittals, approval of material and equipment sample subm' F: Is, approval of contract schedule adjustments, negotiate and reco nd for approval of change orders, substitutions and review and = • m nd for approval of payment requests; and provide document nagement including maintain logs for RFIs/RFCs, change orders, subm Is, Requests for Quotations, Correction Noti «- ', Stop Work Notices, and other related construction documents.
xiv. Log compliance with environmental docu - ntation and sto ater compliance, including the proper implementation of construction sto ater best management practi (BMPs).
xv. Review, negotiate, p
City's approval.
•
ss, and monitor contract change orders with the
xvi. Review extra work invoices and time and terial tickets. xvii. Provide construction inspection and quality control services; including ensuring the scheduling of any applicable specialty inspections that may be required for a project, including for r• crate work, a "cal/telemetry, structural, and equipment testing; and ensure specialty inspectors have afl necessary certifications.
xviii. Ensure the contractor is complying with all appl" ble permitting requirements, agency requi ents, local regulations, and utility require nts.
xlx. Verify that contractor u = • pry r materials and equipment, and that all s - =t and facility construction, st -. t restoration, and site Improvements are properly c • picked in a rdance with the plans and specifications. xx. Verify protection of existing survey monuments and their =-=toration, including informing the contractor of these requirements at the pre -construction meeting.
xxi. Ensure the contractor is implementing minimum construction BMPs or BMPs p cribed by the construction S ` PP for sites covered by the to General Construction Activity Sto ater Permit.
xxii. Provide construction material testing, g 'chnical testing, and 23
compaction testing.
11. Revi material testing for compliance the contract documents.
Monitor the contractor's safety program and perfo nce as required for compliance with Cal/OSHA; and identify and issue notices to contractor for any safety concerns or violations.
Participate and assist in conducting final ins tion, testing, and release of facilities.
xxvi. Review and approve - F• rd drawings at project ' pletion. ii. Assist in preparation of daily pay estimates in accordance with the inspe daily report.
xxviii. Assist in preparation of contractor's monthly pay estimates.
Report all unresolved issues and potential claims to the City's representative in writing on daily basis; evaluate an tractor claims and coordinate the resolution of conflicts in the plans and/or specifications, contractor -suggested design changes, and design changes necessitated by unfor- - - n field conditions.
xxx. Review contractor's CPM schedule and monitor updates on a weekly basis.
xxxi. Provide weekly status updates and prehensive monthly reports with construction updates; with the monthly reports consisting of the project progress, any compliance issues, and most recent logs for submittals, change orders, RFIs, materials testing, project photos, and any other pertinent information concerning the status of the project. xxxii. Prepare the preliminary and final project punch list and verify completion of punch list items by the contractor for final a. '-ptance by the City. xxxiii. Monitor the maintenance of the project record drawings during construction and the final preparation of "as -built" drawings after project completion.
Assist in project s =out; prepare all documentation n = _ • ed for project out, including assembling all wa nties, guarantees, and operation and maintenance manuals.
••
Submit a final construction manage nt report summarizing the project history, including major problems, clai and recommendations, and actions taken for corrective action.
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xxxvi. For most typical Public Vltorks/CIP projects, full time inspection will be 8 hours per day and construction management will be 4 hours per day for the duration of the project; subject to modification based on the actual project scope.
5. Labor Compliance:
a. The Consultant shall coordinate with the City's Labor Compliance Consultant for the necessary labor compliance monitoring for each respective Public Works/CIP project. If the City's Labor Compliance Consultant cannot provide the necessary labor compliance services, then the Consultant shall provide these services.
These services shall include, but not be limited to, the following:
L Provide Tabor compliance services for construction project activities with reporting as required by federal, state, or county regulations as needed. ii. Review certified payroll and conduct on -site interviews as required. iii. Prepare final reporting documents in a format in accordance with granting agency requirements.
iv. Assist the City in preparing for any project audits. v. Attend audits in support of staff and ensure that the proper documents are available.
Federally funded oroiect caveat. The City intends to construct during the duration of the agreement multiple transportation projects that are state and federally funded, In addition to the services described above, these projects may require additional or specific services as described below in compliance with the Caltrans Local Assistance Procedure Manual (LAPM). The selected Consultant shall perform site investigations, cost estimating, planning, land surveying, preliminary engineering, civil engineering design, construction support and other services as deemed necessary by the City for which the Consultant is qualified related to federal and state funded projects, and charge these services in accordance with the categories above. The Consultant may provide services to the City including, but not limited to, the following:
• Protect Management — The Director of Public Works/Facilities will serve as the contract manager and direct Raison between the Consultant and _ Caltrans District No. 7 Division of Local Assistance. The Consultant shall be responslle for project management activities throughout the life of the contract and the scope of activities includes, but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and the Consultant's subcontractors, and preparing an submissions for the City to submit to Caltrans 25