Cities Index.
Agenda packet

Carson City Council
May 20, 2026

Document
Agenda packet
Meeting
May 20, 2026
Body
Carson City Council
Pages
108
Original file
183.6 MB
Text extracted from the city's file for reading and search. Open the original on s3.us-west-004.backblazeb2.com. That file is the official record.

II. RECOMMENDATION
TAKE the following actions:

1. APPROVE a Service Agreement with Southern California Gas Company (SoCalGas) for installation of a natural gas service line extension and upgrade of the existing gas meter at the City’s Corporate Yard in an amount not-to-exceed $5,550.96; and,

2. AUTHORIZE the City Manager to execute the Agreement, in a form approved by the City Attorney.

III. ALTERNATIVES
TAKE any other action the City Council deems appropriate, consistent with the requirements of applicable law.

IV. BACKGROUND
The City’s Corporate Yard Building B, located at 18620 S. Broadway, currently does not have enough natural gas capacity to support planned facility improvements. Building B is currently not heated, which creates uncomfortable working conditions for staff during colder weather and may also impact the proper storage and operation of equipment housed within the facility. To address this issue, the City is proposing upgrades to the existing natural gas infrastructure so that a new heating, ventilation, and air conditioning (HVAC) system can be installed in the building. The proposed work includes extending the existing natural gas service line and upgrading the current gas meter to a higher-capacity 5 pounds per square inch gauge (PSIG) meter, which is needed to safely provide enough gas service for the new heating equipment.

Southern California Gas Company (SoCalGas) is the sole provider of natural gas service for this location and has provided the City with a cost proposal in the amount of $5,550.96 to complete the required utility infrastructure upgrades. Completion of this work is necessary before the City can move forward with installation of the HVAC units in Building B. As part of its standard service agreement, SoCalGas requires the City to agree to indemnify, defend, and hold the utility company harmless from claims involving injury, death, or property damage that may arise from the service installation, including claims related to any pre-existing hazardous materials that may exist at the project site. The City Attorney has advised that, while the City Manager has authority under the Purchasing Ordinance to approve certain expenditures and contracts administratively, that authority does not extend to agreements containing indemnification obligations because such obligations could potentially expose the City to unlimited financial liability. For this reason, staff is bringing the agreement forward for City Council review and approval.

In addition, the proposed SoCalGas Service Agreement does not include reciprocal indemnification protections in favor of the City, nor does it require SoCalGas to provide proof of insurance coverage that would typically be required of a private contractor performing similar work. Under normal City contracting requirements, a contractor performing this type of utility or construction work would generally be required to maintain insurance coverage such as General Liability, Workers’ Compensation, and Automobile Liability insurance. However, because SoCalGas is the only utility provider authorized to perform this work and because the scope of work is limited in nature, staff is recommending that the City Council consider approving these exceptions to the City’s standard contract and insurance requirements.

V. FISCAL IMPACT
Funding for this agreement in the amount of $5,550.96 is included in the Fiscal Year 2025-2026 Public Works Operating Budget and is available in Account No. 101-80-850-102-6004. As a result, no additional budget appropriation is required to complete this work.

VI. EXHIBITS

1. So Cal Gas Service Agreement
Attachments
SoCalGas_Line Extension Application_Vehicle Maint. Bays_2026_MAR_19.pdf

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, May 20, 2026, 5:00 PM
CONSENT 28. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Operations Subject: CONSIDER APPROVAL OF A HAZARDOUS WASTE REMOVAL SERVICES AGREEMENT WITHOCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR CITYWIDE HAZARDOUS WASTE COLLECTION,REMOVAL, AND DISPOSAL SERVICES (CITY COUNCIL) I. SUMMARY
From time to time, hazardous waste spills and related incidents occur within the City and require immediate response, cleanup, removal, and proper disposal. These incidents may involve hazardous chemicals, fuel spills, contaminated materials, bodily fluids, or other unsafe substances that could pose risks to public health, safety, and the environment if not handled properly. At this time, the City does not maintain the specialized staff, certifications, equipment, or disposal capabilities necessary to perform these services in-house. As a result, the City must utilize qualified and properly licensed environmental cleanup contractors to respond to these situations.

Ocean Blue Environmental Services, Inc. (Ocean Blue) is a specialized environmental services contractor that provides hazardous waste response, cleanup, transportation, and disposal services. Ocean Blue’s responsibilities include responding to emergency incidents, assessing and securing potentially hazardous areas, identifying hazardous substances, and safely removing and transporting contaminated materials to State-certified disposal facilities in accordance with applicable environmental regulations. Ocean Blue currently provides similar hazardous waste cleanup and emergency response services for the City of Santa Fe Springs. Pursuant to the City of Carson Municipal Code, the Purchasing Manager may authorize the City to “piggyback” onto another public agency’s competitively bid contract when that procurement process meets the City’s purchasing requirements. By utilizing the existing contract between the City of Santa Fe Springs and Ocean Blue, the City of Carson is able to obtain the same pricing, terms, and service structure that were established through Santa Fe Springs’ competitive bidding process.

Consequently, staff is requesting that the City Council approve a Hazardous Waste Removal Services Agreement with Ocean Blue Environmental Services, Inc. for a five-year term and a total contract amount not-to-exceed $375,000. Under the proposed agreement, Ocean Blue would provide on-call emergency hazardous waste response services and scheduled citywide hazardous waste collection, removal, transportation, cleanup, and disposal services throughout the City of Carson.

II. RECOMMENDATION
TAKE the following actions:

1. REAFFIRM the waiver of the formal bidding process pursuant to the piggybacking provisions of the Carson Municipal Code, as authorized under Article 2, Chapter 6, Section 2611(f); and,

2. APPROVE a Hazardous Waste Removal Services Agreement with Ocean Blue Environmental Services, Inc. for the provision of on-call emergency hazardous waste response services and scheduled citywide hazardous waste collection services, for a five-year term and a total contract amount not-to-exceed $375,000 (Exhibit No. 1); and,

3. AUTHORIZE the Mayor to execute the Agreement with Ocean Blue Environmental Services, Inc. following approval as to form by the City Attorney.

III. ALTERNATIVES

1. DO NOT AUTHORIZE the Purchasing Manager to utilize the piggyback procurement method permitted under Article 2, Chapter 6, Section 2611(f) of the Carson Municipal Code.

2. DO NOT APPROVE a Hazardous Waste Removal Services Agreement with Ocean Blue Environmental Services, Inc.

3. TAKE any other action the City Council deems appropriate and consistent with applicable law.

IV. BACKGROUND
From time to time, the City of Carson experiences incidents involving the illegal dumping or release of hazardous waste within public streets, alleys, sidewalks, and other public rights-of-way. These incidents may include hazardous material (hazmat) spills, biohazard cleanups involving bodily fluids, and the cleanup and remediation of homeless encampments where hazardous or unsafe materials are present. These situations require specialized handling, trained personnel, and certified disposal methods to ensure the health and safety of the public, City staff, and the environment. The City does not maintain in-house staff or equipment to perform hazardous waste removal services. As a result, these services must be contracted to a State-certified vendor with the proper training, licenses, equipment, and certifications necessary to safely collect, transport, and dispose of hazardous materials in accordance with federal, state, and local regulations.

Ocean Blue Environmental Services, Inc. (Ocean Blue) is proposed to provide hazardous waste collection, removal, cleanup, transportation, and disposal services for the City on an as-needed and emergency response basis. These services are important to help prevent environmental contamination and public health risks that may result from improperly discarded trash, chemicals, fluids, debris, contaminated materials, or other hazardous substances requiring specialized handling and disposal. Ocean Blue has previously provided similar services for the City and has performed successfully and professionally in this capacity. The company’s prior work has included responding to hazardous incidents, securing impacted areas, performing site cleanup activities, removing hazardous and contaminated materials, and properly transporting and disposing of collected waste materials in accordance with applicable laws and regulations.

On July 23, 2024, the City of Santa Fe Springs released a Request for Proposals (RFP) for Hazardous Waste Removal Services through the PlanetBids procurement system. Local and regional vendors were notified of the solicitation, and the RFP closed on August 29, 2024, with fourteen (14) firms submitting proposals. The proposals were reviewed and evaluated by a selection committee consisting of staff from the City of Santa Fe Springs Police Services and Public Works Department. Proposals were evaluated based on several factors, including the company’s experience and qualifications, staffing and project organization approach, reference checks, proposed pricing, and responsiveness to the requirements outlined in the RFP. Following completion of the competitive proposal process, the City of Santa Fe Springs entered into an agreement with Ocean Blue on November 12, 2024, for hazardous waste removal and emergency cleanup services. Under that agreement, Ocean Blue provides services including emergency hazardous material response, sewer and storm drain system response, hazardous waste handling and disposal, and other specialized environmental cleanup services in compliance with all applicable federal, state, county, and local laws and regulations.

Article 2, Chapter 6, Section 2611(f) of the City’s Municipal Code allows the City to waive its own formal bidding process and “piggyback” onto another public agency’s competitively bid contract, provided the original contract was awarded through a process that meets the City’s purchasing standards. The City’s Purchasing Department has reviewed the City of Santa Fe Springs procurement process and determined that it satisfies the City of Carson’s purchasing requirements. Accordingly, the Purchasing Manager supports use of the Santa Fe Springs contract through a purchasing waiver, attached as Exhibit No. 2. Under the proposed agreement, Ocean Blue would provide hazardous waste removal and emergency response services for a variety of situations within the City, including but not limited to removal of used oil, automotive batteries, diesel fuel spills, bodily fluids associated with vehicle accidents or law enforcement incidents, City-generated hazardous waste such as fluorescent light bulbs, aerosol cans, and household batteries, as well as hazardous waste cleanup associated with homeless encampment remediation activities.

Consequently, staff is requesting that the City Council reaffirm the waiver of the formal bidding process pursuant to Section 2611(f) of the Municipal Code and approve a Hazardous Waste Removal Services Agreement with Ocean Blue Environmental Services, Inc. for a five-year term in an amount not-to-exceed $375,000. The agreement will allow the City to continue responding quickly and safely to hazardous waste incidents and emergency cleanup situations throughout the community.

V. FISCAL IMPACT
The proposed agreement with Ocean Blue Environmental Services, Inc. has a total not-to-exceed contract amount of $375,000 over a five-year term. For the current Fiscal Year 2025-2026, approximately $30,000 is anticipated to be needed to support hazardous waste removal and emergency response services. Funding for the current fiscal year is already included in the adopted FY 2025-2026 Operating Budget within the Hazardous Waste Disposal Professional Services Account No. 101-80-840-279-6035. Funding for the remaining years of the agreement will be requested and considered as part of the City’s annual budget development and adoption process in future fiscal years.

VI. EXHIBITS

1. Ocean Blue Hazardous Waste Removal Contract

2. Ocean Blue Purchasing Waiver
Attachments
Exhibit 1. Ocean Blue Agreement for Services - Piggyback Exhibit 2. Ocean Blue Purchasing Waiver

01007.0006 2097399.7 5/7/2026

1 AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF CARSON AND

OCEAN BLUE ENVIRONMENTAL SERVICES, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of
___________
, 20
2 6

by and between the CITY OF CARSON, a
California municip
al corporation (“City”) and

OCEAN BLUE ENVIRONMENTAL SERVICES,
INC.
,
a
California corporation

(“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

A.

The City seeks to piggyback off that certain Services Contract dated

November 12,
2024

between Consultant and the City of Santa Fe Springs entered into pursuant to the City of Santa Fe Springs Request for Proposals
No. 25
-
1 dated July 23, 2024 for As
-
Needed Encampment
Abatement and General Clean
-
Up
Services for
removal and cleaning of large items, biohazardous
materials, and other illegally dumped waste materials

(“Santa Fe Springs Contract”).

B.

Pursuant to Section 2611(f) of the City’s Municipal Code, the City is authorized to enter into this Agreement by piggybacking off the Santa Fe Springs Contract, as determined by City’s Purchasing Manager. City’s regulations permit piggybacking at

the

same

or

better

prices
than those reflected in
Santa Fe Springs Contract
.

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF

CONSULTANT

1.1 Scope of Services
.

In compliance with all of the terms and conditions of this Agreement, the
Consultant

shall perform the work or services set forth in the “Scope of Services” attached hereto as
Exhibit “A”

and incorporated herein by reference.

Consultant

warrants that it has
the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law
.

All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments
.

Consultant

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

1.4 Special Requirements.

Additional
terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B”

and incorporated herein by this referenc
e.

In the event of a conflict
between

the
provisions of
Exhibit “B”

and any other provisions of this Agreement, the provisions of Exhibit
“B”

shall govern.

01007.0006 2097399.7 5/7/2026

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2 -

2. COMPENSATION

2.1 Contract Sum
.

For the services rendered pursuant to this Agreement,
Consultant

shall be compensated in accordance with the “Schedule of Compensation” attached hereto as
Exhibit “
C
”

and incorporated herein by this reference, but not exceeding the maximum contract amount of
Three Hundred Seventy Five Thousand

Dollars
($
375,000
)

(“
Contract
Sum”).

2.2 Invoices
.

Each month
Consultant

shall furnish to City an original invoice for
all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.

The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub -
category), travel,
material
s, equipment, supplies, and sub
contractor contracts.

Sub
contractor charge
s shall also be
detailed by such categories.

Consultant

shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant

to determine
whether the work performed and expenses incurred are in compliance with the provisions of this Agreement.

Except as to any charges for work performed or expenses incurred by Consultant

which are disputed by City,
City will use its best efforts to cause
Consultant

to be paid within
forty
five

(
45 ) days of receipt of
Consultant
’s correct and undisputed invoice
; however,
Consultant

acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period.

In the event any charges or expenses are disputed by
City, the original invoice shall be returned by City to Consultant

for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services
.

City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work.

No such extra work may be undertaken unless a written order is first given by the Contract Officer to the
Consultant
, incorporating therein any adjustment in (i) the Contract Sum

for the actual
cost of the extra work
, and/or (ii) the time to

perform this Agreement, which said adjustments are
subject to the written approval of the
Consultant
.

Any increase in compensation of up to ten percent
(10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars
($5,000)

or in the time to perform of up to
ninety

(
90 ) days may be approved by the Contract
Officer.

Any greater increases, taken either separately or cumulatively ,

must be approved by the
City

Council
, unless otherwise provided in the City’s purchasing ordinance .

No claim for an
increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence
.

Time is of the essence in the performance of this
Agreement.

3.2 Schedule of Performance
.

Consultant

shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within

01007.0006 2097399.7 5/7/2026

-
3 -

the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “
D
”

and
incorporated herein by this reference.

When requested by the
Consultant
, extensions to the time
period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure
.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th
e
Consultant
, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of

any governmental agency, including the
City
, if the
Consultant

shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay.

The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified.

The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement.

In no event shall
Consultant

be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused,
Consultant
’s sole remedy being

extension of the Agreement pursuant
to this Section.

3.4 Term
.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding
five

(
5 ) year
s

from the date hereof, except as otherwise provided in the Schedule of Performance (
Exhibit “
D
”
).

4. COORDINATION OF WORK

4.1 Representative of
Consultant
.

Justin Lee,
President
,

is hereby designated as
being the representative of
Consultant

authorized to
act on

its behalf with respect to the work and
services specified herein and make all decisions in connection therewith.

All personnel of
Consultant

and any authorized agents shall be under the exclusive direction of the representative of Consultant
.

Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.

Consultant

shall make every reas
onable effort to maintain the stability and continuity
of
Consultant
’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer
.

Robin Wilson, Public Works Programs Administrator
,
or

such person as may be designated by the City Manager

is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment
.

Consultant

shall not
contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City.

Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City.

Any such prohibited assignment or transfer shall be void.

4.4 Independent
Consultant
.

Neither the City nor any of its employees shall have
any control over the manner, mode or means by which
Consultant
, its agents or employees, perform
the services required herein, except as otherwise set forth.

Consultant

shall perform all services

01007.0006 2097399.7 5/7/2026

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4 -

required herein as an independent contractor of City with only such obligations as are consistent with that role.

Consultant

shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages
.

The
Consultant

shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed

officers, employees and agents of City:

(a)

Commercial

General Liability Insurance (
Coverage Form ISO CGL
CG 00 01 or equivalent
)
.

A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage.

The policy of insurance
shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used,
then
the general aggregate limit shall be twice the occurrence limit.

(b)

Worker’s Compensation Insurance
.

A policy of worker’s
compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant

against
any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the
Consultant

in the course of carrying out the
work or services contemplated in this Agreement
, with Employer’s Liability insuran
ce coverage
limits of at least $1,000,000.00
.

(c)

Automotive Insurance (
Coverage Form ISO CA 00 01
including
“any auto” and endorsement CA 0025 or equivalent)
.

A policy of comprehensive automobile
liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000.

Said policy shall include coverage for owned, non
-
owned, leased
,

hired
cars
, and any other automobile
.

(d)

Professional Liability
.

Professional liability insurance appropriate to
the
Consultant
’s profession
,
as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate .

This
coverage may be written on a “claims made” basis, and must include coverage for contractual liability.

The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this
Agreement.

The insurance must be maintained for at least 5 consecutive years following the completion of
Consultant
’s services or the termination of this Agreement.

During this additional
5 -
year period,
Consultant

shall annually and upon request of the City submit written evidence of this continuous coverage.

(e)

Additional Insurance
.

Policies

of such other insurance, as may be
required in the Special Requirements

in
Exhibit “B”
.

(f)

Subcontractors
.

Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein
.

01007.0006 2097399.7 5/7/2026

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5 -

(g)

Broader Coverages and Higher Limits
. Notwithstanding anything
else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consul
tant.

5.2 General Insurance Requirements
.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may

apply in excess of, and not contribute
with
Consultant
’s insurance.

The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers.

The insurance poli
cy must specify that where the primary insured does not satisfy the self
-
insured retention, any additional insured may satisfy the self -
insured retention.

All of said
policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City.

In the event any of said policies of insurance are cancelled, the
Consultant

shall, prior to the cancellation
date, submit new evidence of insurance in
conformance with this Section 5.1 to the Contract Officer.

No work or services under this
Agreement shall commence until the
Consultant

has provided the City with Certificates of
Insurance
, additional insured endorsement forms

or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance or binders are approved by the City .

City reserves the right to inspect complete, certified copies

of

and endorsement to

all required
insurance policies at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A
-
” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager

or other
designee of the City

due to unique circumstances.

5.3 Indemnification
.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City

and

its officers, employees, and agents, and each of
them (“Indemnified Parties”), from and against any and all actions, claims, proceedings, damages to persons or property,
liabilities,
losses, costs,

fees (including attorneys’ fees), expenses,

penalties,
obligations, errors, omissions or
forfeitures
, whether actual or threatened (herein “claims or
liabilities”), that may be asserted or claimed by any per son, firm or entity arising out of or in
connection with: (i) the negligent performance of the work, services,
operations or activities
provided herein of Consultant, its officers,
directors,
employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable (“indemnitors”); (ii) Consultant’s or indemnitors’ reckless or willful misconduct; (iii) Consultant’s or indemnitors’ negligent performance of o
r failure to perform any term, provision, covenant or condition of this Agreement;
or
(iv) Consultant’s or indemnitors’ violation or alleged violation of applicable law. However, the obligations set forth in the preceding sentence shall not extend to claims or liabilities occurring as a result of City’s sole negligence or willful acts or om issions
. N
otwithstanding anything else herein,

if and to the extent this Agreement provides for the performance of any “design professional” services within the meaning of California Civil Code Section 2782.8, any design professionals
’

01007.0006 2097399.7 5/7/2026

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6 -

indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional .

The obligations set forth in this
section shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement
.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records
.

Consultant

shall keep, and require subcontractors to keep, such
ledgers
,

books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by

this Agreement and enable the
Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of th
e services hereunder.

The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports
.

Consultant

shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information
.

(a)

All information gained or work product produced by
Consultant

in
performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to
Consultant
.

Consultant

shall not release or disclose any such
information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.

(b)

Consultant

shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement.

Response to a subpoena or
court order shall not be considered “voluntary” provided Consultant

gives the City notice of such
court order or subpoena.

(c)

If
Consultant

provides any information or work product in violation
of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant

for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant
’s conduct.

(d)

Consultant

shall promptly notify the City should
Consultant

be
served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreeme
nt and the work performed there
under.

The City retains the right,
but has no obligation, to represent
Consultant

or be present at any deposition, hearing or similar
proceeding.

Consultant

agrees to cooperate fully with the City a
nd to provide the City with the
opportunity to review any response to discovery requests provided by Consultant
.

01007.0006 2097399.7 5/7/2026

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6.4 Ownership of Documents.

All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by
Consultant

in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant

shall have no claim for
further employment or additional compensation as a resu lt of the exercise by the City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover,
with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law
.

This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles
,

State of California.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the Coun
ty of Los Angeles, State of California.

7.2 Disputes; Default
.

In the event that
Consultant

is in default under the terms
of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant

for any work performed after the date of default.

Instead, the City may give notice to
Consultant

of the default and the reasons for the default.

The notice shall include the timeframe in
which
Consultant

may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant.

During the period of time that
Consultant

is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices.

If
Consultant

does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action
.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or inj unctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall

file a statutory claim pursuant to
Government Code Sections 905 et. seq. and 910 et.

seq., in order to pursue a
ny legal action
under
this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term
.

This Section shall govern any
termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’

written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be

01007.0006 2097399.7 5/7/2026

-
8 -

determined by the Contract Officer.

In addition, Consultant may terminate this Agreement if and only if all of the following criteria are met: (i) City is in default under the terms of this Agreement; (ii) Consultant has given City 30 days’ written notice (or longer, if circumstances warrant ) of the
default and the reasons for the default; and (iii) City has failed to cure the default within said cure period.

Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunde
r except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of terminatio n and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled

to compensation only for the reasonable value of the
work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation
Exhibit “C”
. In the event of City’s termination without cause
pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of
Consultant
.

If termination is due to the failure of
the
Consultant

to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the
Consultant

shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mi
tigate such damages), and City may withhold any payments to the
Consultant

for the purpose of set
-
off or partial payment of the amounts owed
by City therefor.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination
.

Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color
,

creed, religion, sex,
gender, sexual orientation,
marital status, national origin, ancestry, or
other protected class in the performance of this Agreement.

Consultant shall take affirmative action
to ensure that applicants are employed and that employees are treate d during employment without
regard to their race, color
,

creed, religion, sex,
gender, sexual orientation,
marital status, national
origin, ancestry, or other protected class

8.2 Non
-
liability of City Officers and Employees
.

No officer or employee of the
City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of

any obligation of the terms of this Agreement.

8.3 Notice
.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -
class mail, in the case

of the City,
to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California

90745 and in the case of the Consultant, to the
person
(s)

at the address designat
ed on the execution page of this Agreement.

Either party may
change its address by notifying the other party of the change of address in writing.

Notice shall be

01007.0006 2097399.7 5/7/2026

-
9 -

deemed communicated at the time personally delivered or in seventy -
two (72) hours from the time
of mailing if mailed as provided in this Section.

8.4 Integration; Amendment
.

It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, an
d none shall be used to interpret this Agreement.

This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing.

8.5 Severability
.

In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement whi ch are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or rende
rs this Agreement meaningless.

8.6 Waiver
.

No delay or omission in the exercise of any right or remedy by non -
defaulting party on any default shall impair such right or remedy or be construed as a waiver.

A
party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or

any other provision of this Agreement.

8.7 Attorneys’ Fees
.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be grante d,
whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation
.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts
.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the
same Agreement.

8.10 Warranty & Representation of Non
-
Collusion
.

No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte
rest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in v iolation of any
State or municipal statute or regulation.

The determination of “financial interest” shall be consistent

01007.0006 2097399.7 5/7/2026

-
10 -

with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5
.

Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conseque nce
of obtaining or being awarded any agreement.

Consultant further warrants and represents that
(s)he/it has not eng
aged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of c onsequence of obtaining or
being awarded any agreement.

Consultant is aware of and understands that any such act(s), omission(s) o
r other conduct resulting in such

payment of money, consideration, or other thing of
value will render this Agreement void and

of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority
.

The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreeme nt,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

This Agreement shall be binding upon th
e heirs, executors, administrators, successors and assigns of the parties.

[Signatures on the following page.]

01007.0006 2097399.7 5/7/2026

-
11 -

IN WITNESS WHEREOF
, the parties hereto have executed this Agreement on the date and year first
-
above written.

CITY
:

CITY OF CARSON, a municipal corporation

Lula Davis
-
Holmes, Mayor

ATTEST
:

Dr. Khaleah K. Bradshaw
, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Sunny K. Soltani, City Attorney

[pks
; rjl
]

CONSULTANT
:

OCEAN BLUE ENVIRONMENTAL SERVICES,
INC., a California corporation

By:

Name:

Justin Lee

Title:

President

By:

Name:

Moonho Lee

Title:

CFO

Address:

925 W. Esther Street

Long Beach, CA 90813

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial

Officer or any Assistant Treasurer. APPROPRIATE ATTESTATIONS

SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY .

01007.0006 2097399.7 5/7/2026

CALIFORNIA ALL
-

PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF

LOS ANGELES

On __________, 20
2 6

before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
.

CAPACITY CLAIMED BY SIGNER

DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

_______________________________

TITLE(S)

PARTNER(S)

LIMITED

GENERAL

ATTORNEY
-
IN
-
FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER_______________________________

______________________________________

SIGNER IS REPRESENTING:

(NAME OF PERSON(S) OR ENTITY(IES))

_____________________________________________

_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT

___________________________________

NUMBER OF PAGES

___________________________________

DATE OF DOCUMENT

___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0006 2097399.7 5/7/2026

CALIFORNIA ALL
-

PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On __________, 20
2 6

before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER

DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

_______________________________

TITLE(S)

PARTNER(S)

LIMITED

GENERAL

ATTORNEY
-
IN
-
FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER_______________________________

______________________________________

SIGNER IS REPRESENTING:

(NAME OF PERSON(S) OR ENTITY(IES))

_____________________________________________

_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT

___________________________________

NUMBER OF PAGES

___________________________________

DATE OF DOCUMENT

___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0006 2097399.7 5/7/2026

A
-
1 EXHIBIT
“
A
”

SCOPE OF SERVICES

I.

Consultant

(sometimes, “Contractor”)
will perform the following
S
ervices

on an on
-
call basis
:

a.

Waste Management

i.

T
urnkey site clean
‑up and illegal dumping abatement services

for
removal

and cleaning

of

large items, biohazardous materials, and other illegally dumped waste materials.

ii.

This includes the removal & excavation of contaminated debris, laboratory packing of chemicals, packaging and consolidating hazardous materials, identifying and packaging unidentified materials, characterizing and profiling of waste, and transportation
.

iii.

All
waste is identified, separated, consolidated & packaged into proper shipping containers. Waste oil, oil filters, used & mixed fuels, lightbulbs, electronic waste, batteries and oily debris are sent to local TSDFs (preapproved by our waste router) for dispo
sal/recycling. Once the waste
area is cleaned,
Consultant

replace
s

the container’s waste labels and record
s

the new waste accumulation start dates. The proper storage & labeling of drums is vital to maintaining DTSC compliance. Additionally, Consultant

removes used absorbent and replaces it with new absorbent material, pressure washes the interior & exterior, and any possible remaining stains in the vicinity.

b.

Services

will primarily occur during daytime hours, Monday through Friday
, 7:00
a.m.
–

4 :00 p.m., excluding holidays. Occasionally, urgent or emergency services may be required outside this timeframe. Although services will be on an on ‑call
basis, the City will try to schedule at least forty
‑eight (48) hours before the service
date.

c.

Support services may include services in addition to site clean -
up, such as the

assembly and dismantling of temporary structures, staging, removal, relocation,

and transportation of items and materials for the City.

d.

Sites will be identified individually. The City will try to cluster multiple sites as part of a single work request. Sites may include areas under structures (e.g., bridges), open areas, vegetated ground cover in Caltrans right ‑of‑way, abandoned
structures

(e.g., houses, sheds, outbuildings), scrap material, and similar locations.

If the
Consultant

is equipped to provide confined space entry, site locations may occasionally require confined space entry clean
‑up. Property may be public or
privately owned. Th
e City will be responsible for giving access to the site; however,

01007.0006 2097399.7 5/7/2026

the contractor will be required to coordinate all necessary permits as needed, including Caltrans permits.

e.

The site supervisor and worker(s)
shall

be trained and certified in handling and
disposing of hazardous materials. If requested, the
Consultant

must provide copies
of any applicable training records, certifications, and licenses required to perform this work.

f.

Before accessing any site that may be occupied, law enforcement personnel designated by the City will clear it of occupants.

g.

For more extensive work requests requiring more than four (4) hours of labor, the Consultant

is expected to conduct a site assessment to identify the estimated number of personnel, labor hours, subcontractor costs, equipment and material costs, and disposal costs. This information will be provided to the City. The assessment can be conducted in a

manner that is mutually agreed upon by the City
and contractor (e.g., in
‑person, remotely using video conferencing or site photos).

h.

Duties and Responsibilities of the Consultant

i.

Clean
‑up duties will include surveying sites, collecting debris, dismantling temporary structures, and removing trash and human waste.

ii.

Disposal will be at a site permitted to accept such materials. As part of the response to this request, the
Consultant

is expected to provide proof of
having access to such a facility.

iii.

Consultant

will supply all labor, materials, tools, protective clothing and gear, and equipment required or needed to perform the work; handle, remove, dismantle, transport, and dispose of waste and materials ,

and leave
a clean site.

iv.

Consultant will coordinate with the City site
‑by‑site to determine the work
order for each
illegal dumping
clean
‑up. The work order will establish the
site start date, estimated work timeframe, staging areas, traffic control if required, and the name of the onsite representative.

v.

Consultant will

supervise and manage crews and subcontractors and ensure all necessary safety procedures are followed. This individual will serve as the City's point of contact.

vi.

Consultant

will photograph each site before and after cleaning and provide the City with an electronic copy of each photograph.

Consultant

shall notify
the City when the work is complete and provide a clean
‑up report for each
site.

01007.0006 2097399.7 5/7/2026

vii.

Consultant will follow best practices and work procedures to safely manage any hazardous materials found on the job site, including urine, feces, solid personal hygiene items, syringes, and other materials that could pose a health threat.

viii.

If any weapons or evidence of a crime are found, the
Consultant

will
immediately contact the
Carson

Police Department and the City's
Contract
Officer.

ix.

Consultant

will always perform work in a timely and efficient manner, as well as in a courteous and business
‑like manner.

x.

Consultant
will properly handle and dispose of solid and hazardous waste in accordance with all applicable laws.

i.

City’s Responsibilities

i.

City will contact the
Consultant

by phone or e
‑mail to initiate a work request
with a minimum forty
‑eight (48) hours’ notification of the start time of a
clean
‑up project, except in emergencies.

ii.

City will identify the site address(es) or parcel(s).

iii.

City will provide services to ensure security during clean ‑up upon request.

iv.

City
’s Contract Officer shall serve
as a point of contact for reviewing work
requests, authorizing work, and addressing issues and questions.

j.

Safety and Training Requirements

i.

Consultant

will comply with all safety rules, protocols, and licensing requirements mandated by the State of California.

ii.

Work may be performed in inclement weather. Job sites can be in heavy foliage,

steep embankments, next to train tracks, and other areas requiring alertness to the

environment and preplanning to prevent injury or illness.

Consultant

will assess

hazards and provide all necessary training and
supplies.

iii.

Consultant

will be OSHA
‑certified to operate any heavy equipment
required to complete the
illegal dumping

clean
-
up work
, including trash
compactors, bulldozers, graders, or other ground
‑moving equipment.

iv.

Consultant

will conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the State of California.

Consultant

will provide all safety equipment and materials and

01007.0006 2097399.7 5/7/2026

will supply training as required.

Consultant

will provide its employees with
appropriate safety apparel and equipment, including, but not limited to, personal protective clothing, hardhats, safety glasses, safety harnesses, vests, gloves, and leather (or adequately puncture
‑resistant) boots.

v.

Consultant

will be trained annually in OSHA's Bloodborne Pathogen
Standards. This training must be supplemented with precautions regarding relevant vector
‑borne and airborne diseases. Employees must have work
procedures to safely manage urine, feces, soiled personal

hygiene items,
syringes, and other materials that could pose a health threat. They must wear personal protective equipment and follow established protocols for this situation.

Consultant
will coordinate the disposal of these wastes and
syringes.

vi.

Consultant

will provide copies of any training records and licenses required by the City upon request.

k.

Emergency/Urgent Services

i.

City may require an urgent/emergency clean that requires Consultant to respond within four (4) hours of receiving a notification.

l.

Found Property Protocol

i.

City and
Consultant

shall

put in place

a mutually agreed

upon process for
any personal property found during the performance of services. This includes but is not limited to, tents, backpacks, medication, eyeglasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photog
raphs, duffel bags, bedrolls, blankets, watches,
currency, and clean clothing.

01007.0006 2097399.7 5/7/2026

Special Requirements:

II.

Consultant shall perform any on
-
call services requested in this Agreement in
accordance with the following requirements:

A.

Each task shall be indicated by a written request (“
Task Order
”) produced by the
Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B.

Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), using the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided

for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal.”

C.

Contract Officer shall in writing approve, modify, or reject the Task Proposal, and may issue a Notice to Proceed.

D.

The task shall be performed at a cost not to exceed the Task Budget.

01007.0006 2097399.7 5/7/2026

E.

Consultant shall complete the task and deliver all deliverables to Contract Officer by the
Task Completion Date
.

III.

As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

As
detailed in Section I. above.

IV.

In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City

updated of the status of performance by delivering the
following status reports:

As directed by City’s Contract Officer.

V.

All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

VI.

Consultant will utilize the following personnel to accomplish the Services:

a.

Hazmat Project Manager

b.

Hazmat Supervisor

c.

Hazmat
Lead
Technician

d.

Equipment Operator

e.

Technician

f.

ILWU (Int. Longshore & WHSE Union) Tech

01007.0006 2097399.7 5/7/2026

B
-
1 EXHIBIT “B”

SPECIAL REQUIREMENTS

(Superseding Contract Boilerplate)

(new text shown in
bold italics
, deleted text in
strikethrough
)

[None]

C
-
1 01007.0006 2097399.7 5/7/2026

EXHIBIT
“
C
”

SCHED
U

LE OF COMPENSATION

I.

Consultant

shall
be compensated in accordance with the following

schedule and rates
,
which will include any and all expenses
:

01007.0006 2097399.7 5/7/2026

01007.0006 2097399.7 5/7/2026

01007.0006 2097399.7 5/7/2026

01007.0006 2097399.7 5/7/2026

01007.0006 2097399.7 5/7/2026

II.

Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub
-
budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

III.

The City

will compensate
Consultant

for the Services performed upon submission of
a valid invoice
, in accordance with Section 2.2
.

Each invoice is to include:

A.

Line items for all the work performed, the number of hours worked, and the hourly rate.

B.

Line items for all materials and equipment properly charged to the Services.

C
.

Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D.

Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV.

The total compensation for the

Services shall not exceed
$375,000

as provided in

Section 2.1 of this Agreement
.

D
-
1 01007.0006 2097399.7 5/7/2026

EXHIBIT
“
D
”

SCHEDULE OF PERFORMANCE

I.

Consultant

shall perform all S
ervices timely in accordance with the following
schedule:

Tasks will be continuous, ongoing and as directed by the Contract Officer.

II.

The Contract Officer may approve extensi
ons for performance of the S
ervices in
accordance with Section 3.2.

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, May 20, 2026, 5:00 PM
CONSENT 29. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Operations Subject: CONSIDER APPROVAL OF AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENTWITH GRAFFITI PROTECTIVE COATINGS, INC TO PROVIDE GRAFFITI ABATEMENT SERVICES TO THEPUBLIC WORKS DEPARTMENT (CITY COUNCIL) I. SUMMARY
The Public Works Department (Operations and Maintenance Division) is responsible for coordinating graffiti abatement services throughout the City. The Department's goal is to remove graffiti within 48 hours, or sooner when possible, in order to discourage vandalism, maintain the appearance of public spaces, and help protect the overall quality of life within the community. To support these efforts, the Public Works Department utilizes both City staff and a contracted graffiti removal vendor, Graffiti Protective Coatings, Inc. (GPC), to respond to graffiti-related service requests in a timely and efficient manner. Graffiti removal services include the removal or covering of graffiti from public infrastructure, walls, signs, and other affected surfaces throughout the City. The City currently maintains a seven-day-a-week graffiti abatement operation, as needed, to ensure rapid response to vandalism incidents and minimize the visibility and spread of graffiti throughout the community. Staff has determined that continued use of GPC’s services is necessary to maintain the City’s current level of graffiti response and abatement operations.

Consequently, staff is requesting that the City Council approve a one-year extension of the existing Contract Services Agreement with Graffiti Protective Coatings, Inc. for continued graffiti abatement services in an additional amount of $129,600. Approval of the extension would increase the total not-to-exceed contract amount to $388,800.

II. RECOMMENDATION
TAKE the following actions:

1. APPROVE Amendment No. 2 to the Contract Services Agreement with Graffiti Protective Coatings, Inc. for continued citywide graffiti abatement services, increasing the contract amount by $129,600 for a new total not-to-exceed contract amount of $388,800 and extending the agreement term by one additional year; and,

2. AUTHORIZE the Mayor to execute Amendment No. 2 to the Agreement with Graffiti Protective Coatings, Inc. following approval as to form by the City Attorney.

III. ALTERNATIVES

1. DO NOT APPROVE Amendment No. 2 to the Contract Services Agreement with Graffiti Protective Coatings, Inc. for graffiti abatement services.

2. TAKE any other action the City Council deems appropriate and consistent with applicable law.

IV. BACKGROUND
The primary purpose of the City’s graffiti abatement program is to quickly remove and prevent graffiti vandalism throughout the community in order to improve the overall appearance of the City, reduce blight, support economic development, and enhance neighborhood quality of life. Prompt graffiti removal is widely recognized as an effective deterrent because it discourages repeat vandalism, helps improve community safety, and protects public and private property values.

Due to the increasing volume of graffiti incidents occurring throughout the City, staff previously determined that supplemental graffiti abatement services were necessary to support City operations and maintain rapid response times. To address this need, the City initially utilized a piggybacked contract agreement between Graffiti Protective Coatings, Inc. (GPC) and the City of Torrance. That agreement, originally executed by Torrance on July 1, 2022, allowed Carson to utilize competitively procured graffiti abatement services under the same pricing and service structure. Subsequently, on July 16, 2024, the City Council approved the City’s own Contract Services Agreement with Graffiti Protective Coatings, Inc. in an amount not-to-exceed $129,600 for an initial one-year term. The agreement also included two optional one-year extensions at the City’s discretion. On August 5, 2025, the City Council approved Amendment No. 1 to continue citywide graffiti abatement services and maintain timely graffiti removal operations.

To ensure graffiti removal services continue citywide, including after-hours and weekend response capabilities, staff has determined that it is necessary to exercise the final optional one-year extension of the agreement with GPC.

Currently, the Public Works Department (Operations and Maintenance Division) maintains two dedicated graffiti abatement crews. Each crew operates its own graffiti removal truck and is assigned responsibility for portions of the City’s four operational districts and seven maintenance zones. City crews proactively monitor neighborhoods and public areas daily, removing graffiti observed in the field while also responding to graffiti-related service requests submitted by residents and businesses. The City recently added two additional graffiti abatement trucks to the fleet, increasing the total number of dedicated graffiti removal vehicles from two to four. The additional equipment will assist in operational efficiency during normal business hours.

The supplemental services provided by GPC are intended to support City staff by maintaining rapid graffiti response capabilities after regular work hours and on weekends, when City crews may have limited availability.

GPC has been particularly effective in responding quickly to graffiti at park facilities during evenings and weekends and has also provided valuable support in addressing graffiti and vandalism issues near California Department of Transportation (Caltrans) rights-of-way and adjacent areas.

In February 2026, staff met with representatives of the American Federation of State, County and Municipal Employees (AFSCME) to discuss the proposed contract extension, address any concerns, and ensure alignment regarding continued use of supplemental graffiti abatement services. Following those discussions, AFSCME concurred with the department’s recommendation to proceed with the final one-year extension. Consequently, staff is requesting that the City Council approve the City’s exercise of the final optional one-year extension of the Contract Services Agreement with Graffiti Protective Coatings, Inc. The additional compensation for the extension term would be $129,600, increasing the total not-to-exceed contract amount to $388,800.

V. FISCAL IMPACT
If the proposed Amendment No. 2 is approved, the Contract Services Agreement with Graffiti Protective Coatings, Inc. (GPC) for citywide graffiti abatement services will be increased by an additional $129,600. Approval of the amendment will increase the total not-to-exceed contract amount from $259,200 to $388,800. Funding for the proposed additional contract amount of $129,600 will be included in the proposed Fiscal Year 2026-2027 budget within the Graffiti Abatement Professional Services Account No. 101-80-840-109-6004.

VI. EXHIBITS

1. Original GPC Contract

2. GPC Amendment No. 1

3. GPC Amendment No. 2
Attachments
Exhibit 1. Original GPC Contract
Exhibit 2. GPC Amendment No. 1
Exhibit 3. GPC Amendment No. 2

01007.0006 2116881.1 4/8/2026
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES (“Amendment No. 2”) by and between the CITY OF CARSON, a California municipal corporation (“City”), and GRAFFITI PROTECTIVE COATINGS, INC. , a California corporation (“Consultant”) is entered into effective as of the ____ day of May, 2026. City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services dated August 7, 2024 (“Agreement”), whereby Consultant agreed to perform graffiti abatement services for a not-to-exceed Contract Sum of $129,600.00 for the Term spanning from August 7, 2024 to August 6, 2025, with two optional one (1) year extension periods at a not to exceed compensation of $129,600.00 for each extension period.

B. City and Consultant entered into an amendment to the Agreement dated September 23, 2025 (“Amendment No. 1”) , whereby the City exercised its first option to extend the Agreement Term by one (1) year from August 7, 2025 to August 6, 2026 and increased the Contract Sum by $129,600.00 from $129,600.00 to $259,200.00 C. City and Consultant now desire to amend the Agreement to exercise its final and second option for extension resulting in an extension of the Agreement Term for one (1) year from August 7, 2026 to August 6, 2027, and increase the Contract Sum by $129,600.00 from $259,200.00 to $388,800.00.

TERMS

1. Incorporation of Recitals. The Recitals set forth above are incorporated into and are a part of this Amendment No. 2.

2. Terms and Definitions. All words, terms and phrases used or referenced in this Amendment No. 2, not expressly defined in this Amendment No. 2, shall have the same meaning ascribed to them in the Agreement.

3. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike through).

A. Section 2.1 (Contract Sum) of this Agreement is hereby amended to read in its entirety as follows:
“2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation,

01007.0006 2116881.1 4/8/2026
including reimbursement for actual expenses, shall not exceed Two Hundred Fifty Nine Thousand Two Hundred Dollars and Zero Cents ($259,200.00) Three Hundred Eighty Eight Thousand Eight Hundred Dollars and Zero Cents ($388,800.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.”
B. Section 3.4 (Term) of this Agreement is hereby amended to read in its entirety as follows:
“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit “D”). The City may, at its sole discretion, elect to extend the Term by one (1) additional one-year term (each, an “Extension Term”). The pricing to be applied for each Extension Term is listed in Exhibit “C.””
C. Section IV of Exhibit “C” (Schedule of Compensation) of the Agreement is hereby amended to read in its entirety as follows:

“IV. The total compensation for the Services shall not exceed $388,800.00 $259,200.00 as provided in Section 2.1 of this Agreement.”

4. Continuing Effect of Agreement. Except as amended by Amendment No. 1 and this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1 and this Amendment No. 2 to the Agreement.

5. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. 1 . Each Party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1. Each Party represents and warrants to the other that the Agreement, as amended by Amendment No. 1 and this Amendment No. 2, is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no

01007.0006 2116881.1 4/8/2026
events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

6. Adequate Consideration. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

7. Authority. The persons executing this Amendment No. 2 on behalf of the Parties warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said Party, (iii) by so executing this Amendment No. 2, such Party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

8. Counterparts. This Amendment No. 2 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 2. [SIGNATURES ON THE FOLLOWING PAGE]

01007.0006 2116881.1 4/8/2026
IN WITNESS WHEREOF , the Parties have executed this Amendment No. 2 on the date(s) and year first set forth above.

CITY:

CITY OF CARSON, a municipal corporation

Lula Davis-Holmes, Mayor

ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Sunny K. Soltani, City Attorney
[pks; rjl]
CONSULTANT:

GRAFFITI PROTECTIVE COATINGS , a
California corporation

By:

Name: Carla Lenhoff
Title: Chief Financial Officer

By:

Name: Steven Lenhoff
Title: Chief Executive Officer, Secretary

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSIN ESS ENTITY.

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, May 20, 2026, 5:00 PM
CONSENT 30. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICESAGREEMENT WITH ADL PLANNING, INC. FOR PROJECT NO. 1726: COMMUNITY CENTER COURTYARDAND EAST PARKING LOT IMPROVEMENTS (CITY COUNCIL) I. SUMMARY
On February 21, 2023, the City Council approved a Professional Services Agreement with ADL Planning, Inc. for architectural and design services associated with Project No. 1726: Community Center Courtyard and East Parking Lot Improvements, in an amount not-to-exceed $182,353 (Exhibit No. 1). Project No. 1726 is included in the City’s Fiscal Year 2025-2026 Capital Improvement Program (CIP) and consists of significant improvements to the Carson Event Center and surrounding outdoor areas. The project includes construction of a new approximately 1,000- square-foot outdoor stage and amphitheater area designed to support community events, performances, and public gatherings. Additional improvements include a new audience seating area, a pergola structure adjacent to the audience area near Hall A, and renovation and expansion of the existing courtyard area outside Room 107. The courtyard improvements include installation of new decorative hardscape and landscaping features, including a waterfall feature, upgraded paving, lighting enhancements, and an additional pergola adjacent to Room 107. The project also includes reconfiguration of the east parking lot at the Carson Event Center to create a larger, open, and level outdoor space capable of supporting community events and public activities typically held in that area.

During construction of the project, several Requests for Information (RFIs), field coordination items, and minor design modifications were identified that require additional support and coordination services from the project design consultant, ADL Planning, Inc. RFIs are formal questions submitted during construction when clarification or additional design direction is needed to address field conditions, construction details, or project coordination issues. These additional services are necessary to support ongoing construction activities, address unforeseen conditions, and help ensure the successful completion of the project.

Consequently, staff is requesting that the City Council approve the proposed Amendment No. 1 to the Professional Services Agreement with ADL Planning, Inc. Amendment No. 1 would increase the agreement amount by $10,017.50 to compensate the consultant for the additional design support and construction coordination services provided during the construction phase of the project. The amendment would also extend the term of the agreement by an additional 370 calendar days, extending the agreement expiration date from October 27, 2025, to November 1, 2026 (Exhibit No. 2).

II. RECOMMENDATION
TAKE the following actions:

1. APPROVE Amendment No. 1 to the Professional Services Agreement with ADL Planning, Inc. in the amount of $10,017.50 for additional design coordination and construction support services associated with Project No. 1726: Community Center Courtyard and East Parking Lot Improvements, and extend the agreement term by an additional 370 calendar days through November 1, 2026; and,

2. AUTHORIZE the Mayor to execute Amendment No. 1 to the Professional Services Agreement with ADL Planning, Inc. following approval as to form by the City Attorney.

III. ALTERNATIVES

1. DO NOT APPROVE Amendment No. 1. However, staff will not have sufficient funds to compensate ADL Planning, Inc for completed additional design support services requested during construction.

2. TAKE another action the City Council deems appropriate consistent with the requirements of the law.

IV. BACKGROUND
Project No. 1726: Community Center Courtyard and East Parking Lot Improvements is included in the City’s Capital Improvement Program (CIP). The project includes construction of a new approximately 1,000-square-foot outdoor stage and amphitheater area intended to support community events, performances, and public gatherings.

Additional project improvements include a new audience seating area, a pergola structure adjacent to the audience area near Hall A, and the remodeling and expansion of the existing courtyard area outside Room 107 to include a decorative waterfall feature and an additional pergola structure. The project also includes new landscaping, decorative paving, upgraded lighting, and other hardscape improvements throughout the site. In addition, the east parking lot at the Carson Event Center was reconfigured to create a larger, open, and level outdoor area capable of accommodating community events and public activities typically held at the facility.

Professional architectural, landscape architectural, and engineering design services for preparation of the project plans, specifications, and cost estimates (commonly referred to as “PS&E”) were provided by ADL Planning, Inc. (ADL) through a Professional Services Agreement in the amount of $182,353. Section 1.8 of the Professional Services Agreement, titled “Additional Services,” authorizes the City’s contract officer to approve limited contract increases and schedule extensions administratively without returning to the City Council, specifically allowing increases in compensation up to ten percent (10%) of the original contract amount, or $25,000, whichever is less, and/or extensions of the contract term up to 180 calendar days. Under the ADL agreement, the maximum allowable additional services amount under this administrative authority was $18,235.

During construction of the project, additional field coordination, design clarification, and construction support services became necessary due to unforeseen site conditions and required field adjustments. To address these needs, Change Order Package No. 1 dated June 18, 2025, was approved by the Engineering Services Division on July 9, 2025. The change order authorized additional design coordination and construction support services from ADL in the amount of $15,500 and extended the agreement term by 180 calendar days, increasing the total contract amount to $197,853 and extending the agreement expiration date through October 27, 2025. As construction progressed, additional field adjustments and coordination efforts were required beyond those originally anticipated. As a result, the additional design support services provided by ADL Planning, Inc. exceeded the amount authorized under Change Order Package No. 1. Based on ADL’s invoice dated February 9, 2026, the total cost of the additional services reached $22,752.50. This amount exceeded the allowable administrative authority under Section 1.8 of the agreement by $4,517.50, requiring City Council approval for the additional compensation.

In addition, fabrication and installation of permanent louver coverings for two pergola structures remain pending.

Staff currently anticipates the overall project will be fully completed by approximately July 2026. To allow the amphitheater and pergola areas to remain operational and available for public use while awaiting fabrication and installation of the permanent louvers, the contractor installed temporary coverings at no additional cost to the City.

The temporary coverings have been completed and installed, and the pergola structures are currently fully usable.

Consequently, staff is requesting that the City Council approve the proposed Amendment No. 1 to the Professional Services Agreement with ADL Planning, Inc. The amendment would increase the agreement amount by $10,017.50. This additional funding would cover the current contract shortfall of $4,517.50 associated with previously completed services and also provide an additional $5,500 contingency for any unforeseen design coordination or construction support services that may be required through the proposed extended agreement expiration date of November 1, 2026.

V. FISCAL IMPACT
The City Council previously approved the original Professional Services Agreement with ADL Planning, Inc. in an amount not-to-exceed $182,353. Under the terms of the agreement, the City was authorized to approve additional services administratively for up to ten percent (10%) of the original contract amount, or $25,000, whichever amount was less. In this case, the maximum allowable administrative increase under the agreement was $18,235, increasing the total allowable contract authority to $200,588.

Pursuant to that authority, staff approved Change Order No. 1 in the amount of $15,500 for additional design coordination and construction support services. Although the original change order amount was within the allowable administrative authority, the actual value of the additional services ultimately exceeded the approved amount due to continued field coordination, design clarification, and construction support needs during the project.

Specifically, the value of the additional services exceeded the approved change order amount by $7,252.50, increasing the total cost of the additional work to $22,752.50. As a result, the additional services exceeded the agreement’s allowable ten percent administrative authority of $18,235 by $4,517.50, requiring City Council approval for the additional compensation. If Amendment No. 1 is approved by the City Council, the agreement amount with ADL Planning, Inc. will be increased by an additional $10,017.50, resulting in a new total not-to-exceed contract amount of $210,605.50. The requested amendment amount includes funding to cover the current contract overage as well as additional contingency funds for any remaining unforeseen design support services that may be required through project completion. Funding for the proposed amendment is included in the adopted project budget within Project Expense Account No. 289-80-820-274-8008.

VI. EXHIBITS

1. ADL Planning, Inc Original Contract

2. Contract Amendment No. 1
Attachments

1. ADL Planning Original Contract

2. Contract Amendment No. 1

01007.0006 2107184.3
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment”) by and between the CITY OF CARSON, a California municipal corporation (“City”) and ADL PLANNING ASSOCIATES, INC., a California corporation (“Consultant ”), is effective retroactive to April 30, 2025. City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

A. City and Consultant entered into that certain Agreement for Contract Services dated May 1, 2023 (“Agreement”), whereby Consultant agreed to provide professional landscape architectural, architectural, and engineering services to implement improvements to the Carson Community Center for a total not -to-exceed Contract Sum of $182,353 for a two-year term expiring April 30, 2025.

B. City and Consultant, by way of this Amendment, approve and ratify Change Order 1 dated June 18, 2025, retroactive to April 30, 2025 for additional design coordination and support services during the construction to the Carson Community Center, extend the Term expiration date by 180 calendar days to October 27, 2025, and increase the total compensation by $15,500 for a new total not-to-exceed Contract Sum of $197,853. Consultant performed the work under Change Order 1 and provided additional design coordination and support services in the amount of $7,252.50. 50;

C. City and Consultant now desire to amend the Agreement to extend the Term by another calendar 370 days, resulting in a new expiration date of November 1, 2026 and increase the total compensation by $28,252.50 inclusive of $5,500 contingency for a new total not -to- exceed Contract Sum of $210,605.50 to allow Consultant to continue providing the services for the Carson Community Center.

TERMS

1. Incorporation of Recitals. The Recitals set forth above are incorporated into and are a part of this Amendment.

2. Terms and Definition. All words, terms, and phrases used or referenced in this Amendment, not expressly defined in this Amendment, shall have the same meaning ascribed to them in the Agreement.

3. Contract Changes. The Agreement is amended as provided herein (new text is indicated in bold italics and deleted text in strikethrough).

01007.0006 2107184.3
A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows:

“2.1 Contract Sum.

Subject to any limitation set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Ten Thousand Six Hundred Five Dollars and Fifty Cents ($210,605.50) One Hundred Eighty Two Thousand Three Hundred Fifty Three Dollars and Zero Cents ($182,353.00) (the “Contract Sum”), with $5,500.00 of this amount serving only as a contingency in the event additional services are needed by the City, unless additional compensation is approved pursuant to Section 1.8.”

B. Section 3.4 (Term) of the Agreement is hereby amended to read in its entirety as follows:

“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not later than exceeding November 1 , 2026, two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).” C. Section I of Exhibit C (Schedule of Compensation) is hereby amended to include the following at the end of the Section:

D. Section IV of Exhibit C (Schedule of Compensation) is hereby amended to read in its entirety as follows:
“IV. The total compensation for the Services shall not exceed $210,605.50 $183,353.00 as provided in Section 2.1 of this Agreement with $5,500.00 of this amount serving only as a contingency in the event additional services are needed by the City.”

4. Continuing Effect of Agreement. Except as amended by this Amendment , all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by the Amendment to the Agreement.

Change Order #1: Additional Project Management Coordination & Meetings & Additional Bid & Construction Support Services $15,500
Cost Overruns from Change Order #1 $7,252.50
Grand Total $22,752.50
01007.0006 2107184.3

5. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement , as amended by this Amendment, is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

6. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

7. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

8. Counterparts. This Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment.

[SIGNATURES ON FOLLOWING PAGE]

01007.0006 2107184.3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date(s) and year written below with the intent to be effective retroactive to April 30, 2025.

CITY:

CITY OF CARSON, a municipal
corporation

____________________________________
Lula Davis-Holmes, Mayor

Date:

ATTEST:

_____________________________
Dr. Khaleah K. Bradshaw, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

_________________________________
Sunny K. Soltani, City Attorney
[pks; rjl]
CONSULTANT:

ADL PLANNING ASSOCIATES, INC, a
California corporation
By: _____________________________
Name: Anthony Lawson
Title: President and Secretary

By: _____________________________
Name: Julia Hart-Lawson
Title: Vice President

Date:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. APPROPRIATE ATTESTATIONS

SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, May 20, 2026, 5:00 PM
CONSENT 31. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER ADOPTION OF RESOLUTION 26-050, APPROVING MEASURE M FUNDINGAGREEMENT AMENDMENTS NO. 1 BETWEEN LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIONAUTHORITY (LACMTA) AND THE CITY OF CARSON FOR PROJECT NO. 1452: BIKE LANE INSTALLATIONAND MEDIAN MODIFICATIONS ON FIGUEROA STREET, MAIN STREET, 223RD STREET, AND AVALONBOULEVARD, LACMTA PROJECT # MM4601.09, FTIP #LA9919326 AND LACMTA PROJECT # MM4601.10,FTIP #LA9919335 (CITY COUNCIL) I. SUMMARY
The City is currently advancing CIP Project No. 1452, which includes bike lane installation and roadway median modification improvements along portions of Figueroa Street, Main Street, 223rd Street, and Avalon Boulevard (Exhibit No. 1). The project is intended to improve bicycle safety, traffic operations, and roadway connectivity by installing enhanced bicycle lane facilities and modifying certain roadway medians to accommodate the improved street configuration.

To help fund construction of the project, the City previously secured Measure M transportation grant funding from Los Angeles County Metropolitan Transportation Authority (LACMTA/Metro). On May 22, 2024, the City Council approved Funding Agreement No. MM4601.09 in the amount of $5,256,700 and Funding Agreement No.

MM4601.10 in the amount of $5,384,400, for a combined total of $10,641,100 in Measure M grant funding for the project (Exhibits No. 2 and No. 3). Since that time, updated engineering and construction cost estimates have identified the need for additional grant funding to fully deliver the project. In response, City staff requested additional Measure M funding from Metro. Metro subsequently approved Amendment No. 1 to Funding Agreement No. MM4601.09, which increases the grant amount by $5,363,570, resulting in a revised total funding amount of $10,620,270 for that agreement (Exhibit No. 4). Metro also approved Amendment No. 1 to Funding Agreement No.

MM4601.10, which increases the grant amount by an additional $1,450,292, resulting in a revised total funding amount of $6,834,692 for that agreement (Exhibit No. 5).

Collectively, these funding amendments increase total available Measure M grant funding for Project No. 1452 from $10,641,100 to $17,454,962. The proposed funding increases reflect updated project construction costs and are necessary to ensure adequate funding is available to complete the planned bicycle lane and roadway median improvement project.

II. RECOMMENDATION
TAKE the following actions:

1. WAIVE further reading and ADOPT Resolution 26-050, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING FUNDING AGREEMENT AMENDMENTS NO.1 BETWEEN

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) AND THE CITY OF CARSON FOR PROJECT NO. 1452: BIKE LANE INSTALLATION AND MEDIAN MODIFICATIONS ON FIGUEROA STREET, MAIN STREET, 223RD STREET, AND AVALON BOULEVARD, LACMTA PROJECT # MM4601.09, FTIP #LA9919326 AND LACMTA PROJECT # MM4601.10, FTIP #LA9919335”, increasing Measure M funds by a total of $6,813,862 (Exhibit No. 6); and,

2. AUTHORIZE the Mayor to execute Amendments No. 1 to Funding Agreements #MM4601.09 and #MM4601.10 following approval as to form by the City Attorney, for the construction of bike lanes and median modifications as part of Project No. 1452.

III. ALTERNATIVES

1. DO NOT APPROVE the above recommendations; however, the City must execute these funding agreement amendments in order to increase the Measure M funding. Invoices for reimbursement exceeding the current Measure M funding agreement amounts cannot be submitted to LACMTA unless these funding agreement amendments are fully executed.

2. TAKE another action the City Council deems appropriate consistent with he requirements of the law.

IV. BACKGROUND
When Project Nos. 1451 and 1452 were originally developed, they were planned as two separate bicycle lane improvement projects intended to improve bicycle safety and connectivity on major streets throughout the City. At that time, both projects were primarily designed to add bike lanes through roadway striping and signage, meaning painted bicycle lane markings on the pavement along with related traffic and directional signs. The projects were also expected to be funded largely through separate Highway Safety Improvement Program (HSIP) grants, which are federal transportation safety grants administered through the State of California. Project No. 1451 includes portions of Figueroa Street, Main Street, Victoria Street, and Carson Street within the City limits. Project No. 1452 includes portions of University Drive, Avalon Boulevard, Central Avenue, Del Amo Boulevard, and 223rd Street.

In 2021, staff received direction to revise the project designs to reduce or eliminate the use of “shared lane markings,” commonly referred to as “sharrows.” Sharrows are pavement markings placed within a vehicle travel lane to indicate that bicycles and motor vehicles share the same lane. Concerns were raised that sharrows do not provide the same level of safety or separation as dedicated bicycle lanes. As a result, the updated project designs were modified to provide safer and more clearly defined bicycle lanes, including buffered bike lanes in certain locations. To create enough roadway width for these enhanced bicycle lanes, portions of existing raised center medians along several street segments needed to be narrowed or reconstructed. These median improvements significantly increased the complexity and overall cost of the projects. Staff subsequently requested additional HSIP grant funding from the California Department of Transportation (Caltrans); however, additional federal funding was not available. To help address the increased project costs, the City successfully secured an additional $10,641,100 in Measure M transportation grant funding from Los Angeles County Metropolitan Transportation Authority (Metro).

Because the projects include federal HSIP funding, the City is required to comply with strict federal regulations administered by California Department of Transportation (Caltrans) through the Local Assistance Procedure Manual (LAPM). These federal requirements establish specific rules for how federally funded projects must be bid, managed, and constructed. The federal requirements also limit the City’s ability to use certain contracting methods, including the City’s standard Project Labor Agreement (PLA), on portions of the work funded with federal dollars. In contrast, the Metro Measure M grant funding is not subject to the same federal LAPM requirements and allows the City to continue using its standard PLA practices. To ensure compliance with both funding sources while still delivering the projects efficiently, City staff worked closely with both Caltrans and Metro to develop a revised project delivery strategy.

Under the revised approach, Project No. 1451 will now consist only of roadway striping and signage improvements necessary to establish bicycle lanes and will not include any median reconstruction work. This portion of the project will remain eligible for reimbursement of up to $1,567,800 in federal HSIP funding through Caltrans. Project No. 1452 will include the more extensive roadway and median modification work needed to widen roadway areas and accommodate buffered bicycle lanes. This portion of the project will be funded through two Metro Measure M grants, which staff is now requesting to amend to increase total available funding to $17,454,962. Because this portion is funded through Metro rather than federal HSIP funds, the City may continue using its standard PLA contracting practices. Separating the projects in this manner allows the City to comply with federal funding requirements while also efficiently delivering the most complex construction components of the overall bicycle improvement program.

The plans and specifications for Project No. 1452 have been completed, and final coordination with Southern California Edison (SCE) regarding related streetlight improvements is currently underway. Construction for Project No. 1452 is anticipated to begin in approximately August 2026 and, with an estimated construction duration of 180 working days, is expected to be completed by approximately May 2027. Construction for Project No. 1451 is anticipated to begin shortly thereafter, around June 2027. With an estimated construction duration of approximately 120 working days, Project No. 1451 is expected to be completed by December 2027.

Consequently, staff is requesting that the City Council approve Amendment No. 1 to Funding Agreements No.

MM4601.09 and MM4601.10 to increase total available Measure M grant funding for these projects to $17,454,962. Approval of the proposed amendments will ensure that sufficient grant funding is available to complete the planned bicycle safety and roadway improvement projects.

V. FISCAL IMPACT
CIP Project PW1452 - Bike Lane Installation and Median Modifications on Figueroa Street, Main Street, 223rd Street, and Avalon Boulevard is currently funded in part through two Measure M transportation grants provided by Los Angeles County Metropolitan Transportation Authority (Metro). Metro Grant No. MM4601.09 provides funding in the amount of $5,256,700, and Metro Grant No. MM4601.10 provides funding in the amount of $5,384,400, for a combined total of $10,641,100 in existing Metro grant funding. Due to increased construction costs associated with the expanded project scope, including roadway median modifications and enhanced bicycle lane improvements, City staff applied for additional Metro grant funding to support project delivery. Metro has since approved an increase of $5,363,570 to Grant No. MM4601.09 and an additional increase of $1,450,292 to Grant No.

MM4601.10. Collectively, these funding increases will provide an additional $6,813,862 in Metro grant funding and increase the total available Metro grant allocation for Project PW1452 to $17,454,962. If approved by the City Council this evening, the additional grant funding proposed through Amendment No. 1 to the Funding Agreements will be incorporated into the proposed Fiscal Year 2026-2027 Capital Improvement Program (CIP) budget as part of the City’s annual budget development and adoption process.

VI. EXHIBITS

1. Location Map

2. Funding Agreement #MM4601.09

3. Funding Agreement #MM4601.10

4. Funding Agreement #MM4601.09 Amendment No. 1

5. Funding Agreement #MM460110 Amendment No. 1

6. Resolution 26-050
Attachments
Exhibit 1 - Location Map
Exhibit 2 - Funding Agreement #MM4601.09
Exhibit 3 - Funding Agreement #MM4601.10
Exhibit 4 - Funding Agreement #MM4601.09 Amendment No. 1 Exhibit 5 - Funding Agreement #MM460110 Amendment No. 1 Exhibit 6 - Resolution 26-050
Project Nos. 1451 and 1452: City -wide Bike Lanes – Location Map

N
Legend
City Boundary
1451 Location
1452 Location
Other CIPs
Scale (miles)
0 ¼ ½ ¾ 1
FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 1 Measure M Funding Agreement MSP

MEASURE M FUNDING AGREEMENT

MULTI-YEAR SUBREGIONAL PROGRAMS
This is made and entered into effective as of February 1, 2024 , and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Carson ("GRANTEE") for Bike Lane Installation- Carson St., Figueroa St., Main St., Victoria St., LACMTA Project ID# MM4601.09 and FTIP# LA9919326, (the "Project"). This Project is eligible for funding under Line 50 of the Measure M Expenditure Plan.

WHEREAS, LACMTA adopted Ordinance #16-01, the Los Angeles County Traffic Improvement Plan, on June 23, 2016
voters of Los Angeles County on November 8, 2016 M
July 1, 2017.

WHEREAS, the funding set forth herein is intended to fund Construction of the Project.

WHEREAS, the LACMTA Board, at its September 28, 2023 meeting, programmed $5,256,700, in Measure M Funds to GRANTEE for Construction, subject to the terms and conditions contained in this FA; and
WHEREAS, the Funds are currently programmed as follows: $1,056,700 in Measure M Funds in Fiscal Years FY 2023-24; $3,000,000 FY 2024-25; and $1,200,000 FY 2025-26. The total designated for Construction of the Bike Lane Installation- Carson St., Figueroa St., Main St., Victoria St. is $5,256,700.

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 Expenditure Plan- Cost & Cash Flow Budget

5. Attachment C Scope of Work

6. Attachment D Project Reporting and Expenditure Guidelines

7. Attachment D-1 Intentionally omitted

8. Attachment D-2 Quarterly Progress/Expenditure Report

9. Attachment E Federal Transportation Improvement Program (FTIP) Sheet

10. Attachment F Bond Requirements

11. 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.

FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 3 Measure M Funding Agreement MSP
PART I

SPECIFIC TERMS OF THE FA

1. Title of the Project (the "Project"): Bike Lane Installation- Carson St., Figueroa St., Main St., Victoria St. Construction of the Project. LACMTA Project ID# MM4601.09, FTIP# LA9919326.

2. Grant Funds:

2.1 Programmed Funds for this Project consist of Measure M Funds.

2.2 To the extent the Measure M Funds are available; LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $5,256,700 s September 28, 2023 granted the
Measure M Funds for the Project. The Funds are programmed over three years for Fiscal Years FY 2023-24, FY 2024-25, and FY 2025-26.

3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report.

GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to . LACMTA will withhold 5 % of eligible
expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.

4. Attachment A t
the Project as approved by LACMTA. 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 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 LACMTASenior Executive Officer managing the Measure M Multi-Year Subregional Program in writing. If the LACMTA Senior Executive Officer managing the Measure M Multi-Year Subregional Program concurs with such updated Expenditure Plan in writing, Attachment B shall be replaced with the new Attachment B setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B as revised from time to time. Any change to the final milestone date must be made by a fully executed amendment to this FA.

6. Attachment C is 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 FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 4 Measure M Funding Agreement MSP
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, if the Project is a capital project. 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 the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver 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 and can show documentation acceptable to LACMTA supporti make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended by a Quarterly Progress/Expenditure 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 Quarterly Progress/Expenditure Report. The Quarterly Progress/Expenditure Report is attached to this FA as Attachment D-2 in accordance with Attachment DProject Reporting and Expenditure Guidelines.

9. Attachment E, the "FTIP PROJECT SHEET (PDF)", 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 https://programmetro.ecointeractive.com/secure2/login.asp. All projects that receive funding through Measure M 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. 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 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, 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 FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 5 Measure M Funding Agreement MSP
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.

11. Attachment G,
if any.

12. 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 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, or the Scope of Work, including the Work schedule.

13. LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Annie Chou
LACMTA Project Manager
Mail Stop: 99-23-3
Phone: (213) 418-3453
Email: [email protected]

14. GRANTEE's Address:

City of Carson
701 E. Carson St., Carson, CA 90745
John Merill, PE, TE
Traffic Engineer
Phone: 310.952.1700 x 1815
Email: [email protected]
FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 6 Measure M Funding Agreement MSP

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 M 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 to: (i) return any facilities modified by the Project construction to a safe and operable state; and (ii) suspend or LACMTA
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 Quarterly Progress/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 Quarterly Progress/Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Accounts Payable Department as shown below.

Submit invoice with supporting documentation to:

[email protected] (preferable)
or
mail to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:

Re: LACMTA Project ID# MM4601.09 and FA# 9200000000M460109 Annie Chou; Mail Stop 99-23-3
FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 7 Measure M Funding Agreement MSP

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, the specifications for use for the transportation purposes described in the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.

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 contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost- -
staff time. 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 award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.

4.6 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.

4.7 If the Project requires the implementation of an Intelligent FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 8 Measure M Funding Agreement MSP
the Regional ITS Architecture. Attachment G, the Los Angeles County Regional ITS Architecture (CONNECT-IT) Consistency Self-Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer towww.laconnect-it.com to find information about the CONNECT-IT Service Packages.

4.8 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
http://media.metro.net/projects_studies/call_projects/images/09%20Appendix%20D%20Pa rking%20Policy.pdf

5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Quarterly Progress/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 register in before grant payments can be made.

The link to the portal can be found athttp://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf. GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be

6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS

6.1 GRANTEE shall submit the draft of Quarterly Progress/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 Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Report within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Should
GRANTEE fail to submit either the draft or pre-approved reports within five (5) 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 Quarterly Progress/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 clear 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 Quarterly Progress/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. Expenses that are not invoiced to LACMTA Accounts Payable FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 9 Measure M Funding Agreement MSP
within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.

6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year.

6.3 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 (6) 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
for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE
expenditures submitted to LACMTA through GRANTEE Quarterly Progress/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.

6.4 GRANTEE
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 . 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 r
final audit is completed.

6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 6, paragraphs 6.3 and 6.4 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.

FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 10 Measure M Funding Agreement MSP

6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all 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.

6.7 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.

6.8 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 (IRS), as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.

6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.

6.10 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.

6.11 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.

6.12 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 M 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
FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 11 Measure M Funding Agreement MSP

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 M 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 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 , or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA.

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 within the subregion in accordance with the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. 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 withinninety (90) daysof receiving formal transmittal of the FA from LACMTA, or by December 31 of the FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 12 Measure M Funding Agreement MSP
first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineering-(PE) within six (6) monthsfrom completion of environmental clearance, if appropriate.
(iii) Expending Right-of-Way costs (including by deposit into a condemnation action) by the end of thesecond (2nd) fiscal year following the year the Funds were first programmed; and (iv) Executing Contracts for Construction or Capital purchase within twelve (12) monthsfrom 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 of this FA; and
(vi) Submitting the Quarterly Progress/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 three years or 36 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 2023-24 are subject to lapse by June 30, 2026. All Funds programmed for FY 2024-25 are subject to lapse by June 30, 2027. All Funds programmed for FY 2025-26 are subject to lapse by June 30, 2028.

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 of its Annual Update process and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance, the Guidelines and the Multi- Year Subregional Programs Administrative Procedures. 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; and/or (ii) GRANTEE fails to perform satisfactorily or make material changes, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA 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 FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 13 Measure M Funding Agreement MSP
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.

12. COMMUNICATIONS

12.1 GRANTEE shall ensure that all Communication Materials contain Recipient Communications line at
http://metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.

12.2 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.
found in the Funding Recipient Communications Guidelines.

12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.

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. 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.

FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 14 Measure M Funding Agreement MSP

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 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

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 GRANTEEs 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 of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto FTIP #: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
FA# 9200000000M460109
Rev: 05.16.2023 15 Measure M Funding Agreement MSP
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 ensure 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.

13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA 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 GRANTEE will advise LACMTA prior to any key Project staffing changes. Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address or contact person.

13.12 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.

SOURCES OF FUNDS Prior Years FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 Total Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE M MSP FUNDS 1,056,700$ 3,000,000$ 1,200,000$ 5,256,700$ SUM PROG LACMTA FUNDS -$ 1,056,700$ 3,000,000$ 1,200,000$ -$ -$ 5,256,700$ 80% OTHER NON LACMTA FUNDING:

LOCAL: 134,400$ 134,400$ 2% STATE: -$ 0%
FEDERAL: (HSIP-5403) 1,208,900$ 1,208,900$ 18% PRIVATE OR OTHER: -$ 0% SUM NON-LACMTA FUNDS -$ -$ 1,343,300$ -$ -$ -$ 1,343,300$ 0.203530303 TOTAL PROJECT FUNDS -$ 1,056,700$ 4,343,300$ 1,200,000$ -$ -$ 6,600,000$ 100% Use Actual $$$

ATTACHMENT A -PROJECT FUNDING
Measure M Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA.9200000000M460109 Project Title: Bike Lane Installation - Carson St., Figueroa St., Main St., Victoria St. Project#: MM4601.09

PROGRAMMED BUDGET - SOURCES OF FUNDS

03.01.19 Measure M Funding Agreement - MSP
Attachment A - Project Funding
SOURCES OF FUNDS FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $56,700 $100,000 $400,000 $500,000 $750,000 $750,000 $2,556,700 Vehicle Purchase $0
Others $0
Total Measure M $0 $0 $56,700 $100,000 $400,000 $500,000 $750,000 $750,000 $2,556,700 SUM PROG LACMTA FUNDS: $0 $0 $56,700 $100,000 $400,000 $500,000 $750,000 $750,000 $2,556,700 OTHER NON LACMTA FUNDING:

LOCAL: Local Match (General Fund)
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $33,600 $33,600 $33,600 $33,600 $134,400
Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $0 $0 $33,600 $33,600 $33,600 $33,600 $134,400 STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: HSIP-5403(025)
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $302,225 $302,225 $302,225 $302,225 $1,208,900 Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $302,225 $302,225 $302,225 $302,225 $1,208,900 PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $335,825 $335,825 $335,825 $335,825 $1,343,300

PROJECT FUNDING
FY2023-24 and FY2024-25 $0 $0 $56,700 $100,000 $735,825 $835,825 $1,085,825 $1,085,825 $3,900,000

ATTACHMENT B - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA# 9200000000M460109 Project Title: Bike Lane Installation - Carson St., Figueroa St., Main St., Victoria St. Project#:MM4601.09

PROGRAMMED SOURCES OF FUNDS

09.10.19 1 of 2
Measure M Funding Agreement - MSP
Attachment B - Expenditure Plan

ATTACHMENT B - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA# 9200000000M460109 Project Title: Bike Lane Installation - Carson St., Figueroa St., Main St., Victoria St. Project#:MM4601.09

PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $750,000 $750,000 $750,000 $450,000 $2,700,000 Vehicle Purchase $0
Others $0
Total Measure M $750,000 $750,000 $750,000 $450,000 $0 $0 $0 $0 $2,700,000 SUM PROG LACMTA FUNDS: $750,000 $750,000 $750,000 $450,000 $0 $0 $0 $0 $2,700,000 OTHER NON LACMTA FUNDING:

LOCAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0 $0 $0 $0 $0 $0 $0 $0 $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDINGPROJECT FUNDING
FY2025-26 and FY2026-27 $750,000 $750,000 $750,000 $450,000 $0 $0 $0 $0 $2,700,000 TOTAL LACMTA FUNDS $750,000 $750,000 $806,700 $550,000 $400,000 $500,000 $750,000 $750,000 $5,256,700 TOTAL NON-LACMTA FUNDS $0 $0 $0 $0 $335,825 $335,825 $335,825 $335,825 $1,343,300 TOTAL PROJECT FUNDING $750,000 $750,000 $806,700 $550,000 $735,825 $835,825 $1,085,825 $1,085,825 $6,600,000

09.10.19 2 of 2
Measure M Funding Agreement - MSP
Attachment B - Expenditure Plan
FTIP #: LA9919326
Subregion ID: South Bay

Project#: MM4601.09
Funding Agreement#: FA.9200000000M4601.09

03.01.19 1 Measure M Funding Agreement – MSP
Attachment C – Scope of Work

ATTACHMENT C

SCOPE OF WORK

CAPITAL PROJECT

PROJECT NAME:

Bike Lane Installation – Carson St., Figueroa St., Main St., and Victoria St.

PROJECT LOCATION/LIMITS/AREA:

The project is located at Carson St., Figueroa., Main St., and Victoria St., in the City of Carson, in the South Bay area.

This project limits are along Figueroa St and Main St within City limits, along Victoria St bounded by City limits on East and Avalon Blvd on West, along Carson St bounded by City limits on East and 405 on West.

PROJECT DESCRIPTION INCLUDING MULTI-YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS:

Installing Class II bike lanes on Figueroa Street, Main Street, Victoria Street, and Carson Street in the City of Carson including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 14.5 miles of City streets.

New bike lanes total approximately 29 miles.

PROJECT FUNDING:

PHASE
LACMTA –

MEASURE M FUNDS

LOCAL AGENCY
(IF ANY) TOTAL
Construction Support $420,536 $107,464 $528,000
Construction Capital $4,836,164 $1,235,836 $6,072,000
TOTAL BUDGET COST $5,256,700 $1,343,300 $6,600,000

ESTIMATED PROJECT COSTS:

ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Signing & Striping – Figueroa Street 1 LS $800,000 $800,000 Signing & Striping – Main Street 1 LS $900,000 $900,000 Signing & Striping – Victoria Street 1 LS $400,000 $400,000 Signing & Striping – Carson Street 1 LS $400,000 $400,000 Flexible Traffic Post 233 EA $225 $52,425
Traffic Signal Modifications – Installation of
Detection loops
367 EA $500 $183,500
Traffic Signal Modifications – Modification of video
detection zones
8 EA $1,500 $12,000
Median Modifications (all segments) 1 LS $3,324,075 $3,324,075 Construction Support 1 LS $528,000 $528,000
GRAND TOTAL $6,600,000
FTIP #: LA9919326
Subregion ID: South Bay

Project#: MM4601.09
Funding Agreement#: FA.9200000000M4601.09

03.01.19 2 Measure M Funding Agreement – MSP
Attachment C – Scope of Work

PROJECT DETAILED SCHEDULE:

Milestones Begin End Duration
(months)
Finalize PSE January 2024 February 2024 2
Solicitation (Bid / Proposal) March 2024 April 2024 2
Excavation June 2024 February 2025 9
Concrete June 2024 February 2025 9
Traffic Control June 2024 February 2025 9
Signage June 2024 February 2025 9
General Construction / Close out Project March 2025 May 2025 3

PROJECT MAP:

12.06.19 Measure M Funding Agreement – MSP
Attachment D – Reporting Guidelines

1 FA ATTACHMENT D

PROJECT REPORTING & EXPENDITURE GUIDELINES

REPORTING PROCEDURES
• Quarterly Progress/Expenditure Report (Attachment D2) are 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 the Quarterly Expenditure Report to the LACMTA, after receiving LACMTA Project Manager’s acceptance of the draft report, at
[email protected] 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 provides 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. • GRANTEE is 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 draft Quarterly 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 November 30
October - December February 28
January - March May 31
April - June August 31

LACMTA Project Manager shall review and respond in writing to the draft Quarterly Expenditure Report within thirty (30) calendar days from receipt.

12.06.19 Measure M Funding Agreement – MSP
Attachment D – Reporting Guidelines

2 Upon completion of the Project a final report that includes project’s final evaluation must be submitted.

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.

Los Angeles Metropolitan Transportation Authority
2025 Federal Transportation Improvement Program ($000)
LA9919326TIP ID Implementing Agency Carson, City of
SCAG RTP Project #:

Conformity Category: TCM
Project Description: Installing Class II bike facilities on Figueroa Street, Main Street, Victoria Street, and Carson Street in the City of Carson including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 14.5 miles of City streets.

Study:N/A Is Model: Model #:

PM: John Merrill - (310)952-1700
LS: N LS GROUP#:

PPNO:EA #:

Program Code: NCN26 - BICYCLE FACILITY-NEW Stop Loc:

Air Basin: SCAB Envir Doc: CATEGORICAL

EXCLUSION/CATEGORICAL EXEMPTION -- JOINT
NEPA/CEQA - 05/01/2024Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region: South Bay Cities
COG
CTIPS ID:

Lane # Extd: Lane # Prop: Imprv Desc:

Hov acs eg loc: Toll Rate:

0.00 Toll Colc Loc: Toll Method:

System :Local Hwy Completion Date 12/31/2032Phase: No Project ActivityDistance: Postmile: Route :

PRIOR PROG TOTAL BEYONDPHASE 29/3028/2927/2826/2725/2624/25 $0 $0 PECITY - City Funds
CON
RW
SUBTOTAL $134 $134
$134 $134
$0 $0
$0 $0
$5,257 $5,257
$5,257 $5,257
MEASURE M MYSP (Multi Year Subregional Program) $0 $0

SUBTOTAL
CON
RW
PE
$5,391 TOTAL
TOTAL PE: $0 TOTAL RW: $0 TOTAL CON: $5,391
$5,391
TOTAL PROGRAMMED: $5,391
- General Comment:
- Modeling Comment:
- TCM Comment: .
- Amendment Comment:
- CMP Comment:
- Narrative:

Change reason:NEW PROJECT Total Project CostLast Revised Amendment 25-01 - Submitted $5,391 1Page Monday, March 18, 2024
FTIP #: LA9919326
Subregion ID: SOUTH BAY

Project#: MM4601.09
FA# 9200000000M460109

03.01.19 Measure M FA - MSP
Attachment F Bond Requirements

1 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 (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. 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 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.

FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 1 Measure M Funding Agreement – MSP

MEASURE M FUNDING AGREEMENT

MULTI-YEAR SUBREGIONAL PROGRAMS

This Funding Agreement (“FA”) is made and entered into effective as of February 1, 2024 (“Effective Date”), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Carson ("GRANTEE") for Bike Lane Installation- 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr., LACMTA Project ID# MM4601.10 and FTIP# LA9919335, (the "Project"). This Project is eligible for funding under Line 50 of the Measure M Expenditure Plan.

WHEREAS, LACMTA adopted Ordinance #16-01, the Los Angeles County Traffic Improvement Plan, on June 23, 2016 (the “Ordinance”), which Ordinance was approved by the voters of Los Angeles County on November 8, 2016 as “Measure M” and became effective on July 1, 2017.

WHEREAS, the funding set forth herein is intended to fund Construction of the Project.

WHEREAS, the LACMTA Board, at its September 28, 2023 meeting, programmed $5,384,400, in Measure M Funds to GRANTEE for Construction, subject to the terms and conditions contained in this FA; and

WHEREAS, the Funds are currently programmed as follows: $884,400 in Measure M Funds in Fiscal Years FY 2023-24; $3,500,000 FY 2024-25; and $1,000,000 FY 2025-26. The total designated for Construction of the Bike Lane Installation- 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. is $5,384,400.

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 – Expenditure Plan- Cost & Cash Flow Budget

5. Attachment C – Scope of Work

6. Attachment D – Project Reporting and Expenditure Guidelines

7. Attachment D-1 – Intentionally omitted

8. Attachment D-2 – Quarterly Progress/Expenditure Report

9. Attachment E – Federal Transportation Improvement Program (FTIP) Sheet

10. Attachment F – Bond Requirements

11. 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.

FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 3 Measure M Funding Agreement – MSP

PART I

SPECIFIC TERMS OF THE FA

1. Title of the Project (the "Project"): Bike Lane Installation- 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. –Construction of the Project. LACMTA Project ID# MM4601.10, FTIP# LA9919335.

2. Grant Funds:

2.1 Programmed Funds for this Project consist of Measure M Funds.

2.2 To the extent the Measure M Funds are available; LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $5,384,400 (the “Funds”) for the Project. LACMTA Board of Directors’ action of September 28, 2023 granted the Measure M Funds for the Project. The Funds are programmed over three years for Fiscal Years FY 2023-24, FY 2024-25, and FY 2025-26.

3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/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 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. 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 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 Senior Executive Officer managing the Measure M Multi-Year Subregional Program in writing. If the LACMTA’s Senior Executive Officer managing the Measure M Multi-Year Subregional Program concurs with such updated Expenditure Plan in writing, Attachment B shall be replaced with the new Attachment B setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B as revised from time to time. Any change to the final milestone date must be made by a fully executed amendment to this FA.

6. Attachment C is 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 FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 4 Measure M Funding Agreement – MSP

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, if the Project is a capital project. 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 the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver 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 and can show documentation acceptable to LACMTA supporting GRANTEE’s ability to make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended by a Quarterly Progress/Expenditure 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 “Quarterly Progress/Expenditure Report”. The Quarterly Progress/Expenditure Report is attached to this FA as Attachment D-2 in accordance with Attachment D – Project Reporting and Expenditure Guidelines.

9. Attachment E, the "FTIP PROJECT SHEET (PDF)", 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 https://programmetro.ecointeractive.com/secure2/login.asp. All projects that receive funding through Measure M 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. 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 (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, 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 FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 5 Measure M Funding Agreement – MSP

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.

11. GRANTEE shall comply with the “Special Grant Conditions” attached as Attachment G, if any.

12. 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 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, or the Scope of Work, including the Work schedule.

13. LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Annie Chou
LACMTA Project Manager
Mail Stop: 99-23-3
Phone: (213) 418-3453
Email: [email protected]

14. GRANTEE's Address:

City of Carson
701 E. Carson St., Carson, CA 90745
John Merill, PE, TE
Traffic Engineer
Phone: 310.952.1700 x 1815
Email: [email protected]

FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 6 Measure M Funding Agreement – MSP

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 M 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 to: (i) return any facilities modified by the Project construction to a safe and operable state; and (ii) 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 Quarterly Progress/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 Quarterly Progress/Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Accounts Payable Department as shown below.

Submit invoice with supporting documentation to:

[email protected] (preferable)
or
mail to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:

Re: LACMTA Project ID# MM4601.10 and FA# 9200000000M460110 Annie Chou; Mail Stop 99-23-3

FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 7 Measure M Funding Agreement – MSP

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, the specifications for use for the transportation purposes described in the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.

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. 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 GRANTEE’S employee, officers, councilmembers, board member, agents, or consultants (a “GRANTEE Party”) are prohibited from participating in the selection, award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE Party’s immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.

4.6 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.

4.7 If the Project requires the implementation of an Intelligent Transportation Systems (“ITS”) project, GRANTEE shall ensure the Project is consistent with FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 8 Measure M Funding Agreement – MSP

the Regional ITS Architecture. Attachment G, the Los Angeles County Regional ITS Architecture (CONNECT-IT) Consistency Self-Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www.laconnect-it.com to find information about the CONNECT-IT Service Packages.

4.8 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
http://media.metro.net/projects_studies/call_projects/images/09%20Appendix%20D%20Pa rking%20Policy.pdf

5. REIMBURSEMENT OF FUNDS

Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Quarterly Progress/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 register in LACMTA’s iSupplier portal and submit an application before grant payments can be made.

The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf. GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter’s payment.

6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS

6.1 GRANTEE shall submit the draft of Quarterly Progress/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 Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Report within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/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) 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 Quarterly Progress/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 clear 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 Quarterly Progress/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. Expenses that are not invoiced to LACMTA Accounts Payable FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 9 Measure M Funding Agreement – MSP

within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.

6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year.

6.3 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 (6) 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 Quarterly Progress/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.

6.4 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.

6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 6, paragraphs 6.3 and 6.4 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.

FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 10 Measure M Funding Agreement – MSP

6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all GRANTEE’s records 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.

6.7 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.

6.8 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 (IRS), as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.

6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.

6.10 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.

6.11 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.

6.12 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 M 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
FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 11 Measure M Funding Agreement – MSP

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 M 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 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, or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA.

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 within the subregion in accordance with the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. 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 FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 12 Measure M Funding Agreement – MSP

first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineering-(PE) within six (6) months from completion of environmental clearance, if appropriate.
(iii) Expending Right-of-Way costs (including by deposit into a condemnation action) by the end of the second (2nd) 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 of this FA; and
(vi) Submitting the Quarterly Progress/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 three years or 36 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 2023-24 are subject to lapse by June 30, 2026. All Funds programmed for FY 2024-25 are subject to lapse by June 30, 2027. All Funds programmed for FY 2025-26 are subject to lapse by June 30, 2028.

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 of its Annual Update process and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance, the Guidelines and the Multi- Year Subregional Programs Administrative Procedures. 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; and/or (ii) GRANTEE fails to perform satisfactorily or make material changes, 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 FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 13 Measure M Funding Agreement – MSP

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.

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 Recipient Communications Guidelines” available online at http://metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications 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 Recipient Communications Guidelines.

12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.

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’s 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.

FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 14 Measure M Funding Agreement – MSP

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 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 of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project ID#: MM4601.10
FA# 9200000000M460110

Rev: 05.16.2023 15 Measure M Funding Agreement – MSP

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 ensure 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.

13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA 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 GRANTEE will advise LACMTA prior to any key Project staffing changes. Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address or contact person.

13.12 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.

SOURCES OF FUNDS Prior Years FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 Total Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE M MSP FUNDS 884,400$ 3,500,000$ 1,000,000$ 5,384,400$ SUM PROG LACMTA FUNDS -$ 884,400$ 3,500,000$ 1,000,000$ -$ -$ 5,384,400$ 81% OTHER NON LACMTA FUNDING:

LOCAL: 125,600$ 125,600$ 2% STATE: -$ 0%
FEDERAL: HSIP 1,129,100$ 1,129,100$ 17% PRIVATE OR OTHER: -$ 0% SUM NON-LACMTA FUNDS -$ -$ 1,254,700$ -$ -$ -$ 1,254,700$ 19% TOTAL PROJECT FUNDS -$ 884,400$ 4,754,700$ 1,000,000$ -$ -$ 6,639,100$ 100% Use Actual $$$

ATTACHMENT A -PROJECT FUNDING
Measure M Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA.9200000000M460110 Project Title: Bike Lane Installation - 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. Project#: MM4601.10

PROGRAMMED BUDGET - SOURCES OF FUNDS

03.01.19 Measure M Funding Agreement - MSP
Attachment A - Project Funding
SOURCES OF FUNDS FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $50,000 $100,000 $200,000 $500,000 $750,000 $750,000 $2,350,000 Vehicle Purchase $0
Others $0
Total Measure M $0 $0 $50,000 $100,000 $200,000 $500,000 $750,000 $750,000 $2,350,000 SUM PROG LACMTA FUNDS: $0 $0 $50,000 $100,000 $200,000 $500,000 $750,000 $750,000 $2,350,000 OTHER NON LACMTA FUNDING:

LOCAL: Local Match (General Fund)
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $31,400 $31,400 $31,400 $31,400 $125,600
Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $0 $0 $31,400 $31,400 $31,400 $31,400 $125,600 STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: HSIP-5403(026)
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $282,275 $282,275 $282,275 $282,275 $1,129,100 Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $282,275 $282,275 $282,275 $282,275 $1,129,100 PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $313,675 $313,675 $313,675 $313,675 $1,254,700

PROJECT FUNDING
FY2023-24 and FY2024-25 $0 $0 $50,000 $100,000 $513,675 $813,675 $1,063,675 $1,063,675 $3,604,700

ATTACHMENT B - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA# 9200000000M460110 Project Title: Bike Lane Installation - 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. Project#:MM4601.10

PROGRAMMED SOURCES OF FUNDS

09.10.19 1 of 2
Measure M Funding Agreement - MSP
Attachment B - Expenditure Plan

ATTACHMENT B - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA# 9200000000M460110 Project Title: Bike Lane Installation - 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. Project#:MM4601.10

PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $884,400 $1,000,000 $900,000 $250,000 $3,034,400 Vehicle Purchase $0
Others $0
Total Measure M $884,400 $1,000,000 $900,000 $250,000 $0 $0 $0 $0 $3,034,400 SUM PROG LACMTA FUNDS: $884,400 $1,000,000 $900,000 $250,000 $0 $0 $0 $0 $3,034,400 OTHER NON LACMTA FUNDING:

LOCAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0 $0 $0 $0 $0 $0 $0 $0 $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDINGPROJECT FUNDING
FY2025-26 and FY2026-27 $884,400 $1,000,000 $900,000 $250,000 $0 $0 $0 $0 $3,034,400 TOTAL LACMTA FUNDS $884,400 $1,000,000 $950,000 $350,000 $200,000 $500,000 $750,000 $750,000 $5,384,400 TOTAL NON-LACMTA FUNDS $0 $0 $0 $0 $313,675 $313,675 $313,675 $313,675 $1,254,700 TOTAL PROJECT FUNDING $884,400 $1,000,000 $950,000 $350,000 $513,675 $813,675 $1,063,675 $1,063,675 $6,639,100

09.10.19 2 of 2
Measure M Funding Agreement - MSP
Attachment B - Expenditure Plan
FTIP #: LA9919335
Subregion ID: South Bay

Project#: MM4601.10
Funding Agreement#: FA.9200000000M4601.10

03.01.19 1 Measure M Funding Agreement – MSP
Attachment C – Scope of Work

ATTACHMENT C

SCOPE OF WORK

CAPITAL PROJECT

PROJECT NAME:

Bike Lane Installation – 223rd St, Avalon Bl, Central Ave, Del Amo Bl, and University St

PROJECT LOCATION/LIMITS/AREA:

The project is located at 223rd St, Avalon Blvd, Central Ave, Del Amo Blvd, and University Dr in the City of Carson, in the South Bay area.

This project limits are along University Drive from Avalon Boulevard to Wilmington Avenue, along Avalon Boulevard from Victoria Street to the south city boundary, along Central Avenue from the north city boundary to Del Amo Boulevard, along Del Amo Boulevard from the east city boundary to the west city boundary, and along 223rd Street from the east city boundary to Lucerne Street.

PROJECT DESCRIPTION INCLUDING MULTI-YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS:

The purpose of this project is to install Class II bike lanes on University Drive, Avalon Boulevard, Central Avenue, Del Amo Boulevard, and 223rd Street including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 15.5 miles of City streets. New bike lanes total approximately 31 miles.

PROJECT FUNDING:

PHASE
LACMTA –

MEASURE M FUNDS

LOCAL AGENCY
(IF ANY) TOTAL
Construction Support $430,752 $89,248 $520,000
Construction Capital $4,953,648 $1,165,452 $6,119,100
TOTAL BUDGET COST $5,384,400 $1,254,700 $6,639,100

FTIP #: LA9919335
Subregion ID: South Bay

Project#: MM4601.10
Funding Agreement#: FA.9200000000M4601.10

03.01.19 2 Measure M Funding Agreement – MSP
Attachment C – Scope of Work

ESTIMATED PROJECT COSTS:

ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Signing & Striping - University Drive 1 LS $100,000 $100,000 Signing & Striping - Avalon Boulevard 1 LS $800,000 $800,000 Signing & Striping - Central Avenue 1 LS $325,000 $325,000 Signing & Striping - Del Amo Boulevard 1 LS $700,000 $700,000 Signing & Striping - 223rd Street 1 LS $600,000 $600,000 Flexible Traffic Post 200 EA $225 $45,000
Traffic Signal Modifications – Installation of
Detection loops
311 EA $500 $155,500
Traffic Signal Modifications – Modification of video
detection zones
7 EA $1,500 $10,500
Median Modifications 1 LS $3,383,100 $3,383,100
Construction Support 1 LS $520,000 $520,000
GRAND TOTAL $6,639,100

PROJECT DETAILED SCHEDULE:

Milestones Begin End Duration
(months)
Finalize PSE January 2024 February 2024 2
Solicitation (Bid / Proposal) March 2024 April 2024 2
Excavation June 2024 February 2025 9
Concrete June 2024 February 2025 9
Traffic Control June 2024 February 2025 9
Signage June 2024 February 2025 9
General Construction / Close out Project March 2025 May 2025 3

FTIP #: LA9919335
Subregion ID: South Bay

Project#: MM4601.10
Funding Agreement#: FA.9200000000M4601.10

03.01.19 3 Measure M Funding Agreement – MSP
Attachment C – Scope of Work

PROJECT MAP:

12.06.19 Measure M Funding Agreement – MSP
Attachment D – Reporting Guidelines

1 FA ATTACHMENT D

PROJECT REPORTING & EXPENDITURE GUIDELINES

REPORTING PROCEDURES
• Quarterly Progress/Expenditure Report (Attachment D2) are 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 the Quarterly Expenditure Report to the LACMTA, after receiving LACMTA Project Manager’s acceptance of the draft report, at
[email protected] 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 provides 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. • GRANTEE is 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 draft Quarterly 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 November 30
October - December February 28
January - March May 31
April - June August 31

LACMTA Project Manager shall review and respond in writing to the draft Quarterly Expenditure Report within thirty (30) calendar days from receipt.

12.06.19 Measure M Funding Agreement – MSP
Attachment D – Reporting Guidelines

2 Upon completion of the Project a final report that includes project’s final evaluation must be submitted.

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.

Invoice #
QUARTERLY PROGRESS / EXPENSE REPORT Invoice Date
FA# 9200000000M460110
Quarterly Report #

GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or submit by mail to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. 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. 6,638,700.00$
Grantee To Complete
LACMTA FA ATTACHMENT D-2
$$ %
OTHER
SECTION 1: QUARTERLY EXPENSE REPORT
$
6,638,700.00
1,254,700.00 5,384,000.00
5,384,000.00
-
Total Project Budget

MEASURE M MSP
Net Invoice Amount (Less
Retention) -$
Project Quarter Expenditure
Project-to-Date Expenditure
Funds Expended to Date
(Include this Quarter)
Balance Remaining
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.

Retention Amount (5%)
-$
OTHER Total
-$
0 This Quarter Expenditure
1,254,700.00
% of Project Budget
Expended to Date
Rev: 06.26.19 1 FA Prop C Attachment C-1 Quarterly Report PROJECT TITLE:

QUARTERLY REPORT SUBMITTED FOR:

Fiscal Year : 2021-2022 2022-2023 2023-2024
2024-2025 2025-2026 2026-2027
Quarter : Q1: Jul - Sep Q2: Oct - Dec
Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:

LACMTA MODAL CATEGORY:

Goods Movement
Phone Number:

E-mail:

Department:

SECTION 2: GENERAL INFORMATION
Contact Name: JOHN MERILL
213.418.3543
Job Title:

RSTI Pedestrian
Bicycle
Name:

CITY OF CARSON
310.952.1700 X1815
FA #:

LACMTA Project
Manager
TDM
Transit
[email protected]
PE, TE
Project Sponsor
Contact / Project
Manager
Phone Number:

Mailing Address: 701 E CARSON ST. CA 90745
Signal Synchronization
E-mail: [email protected]
City / Agency:

ANNIE CHOU
Rev: 06.26.19 2 FA Prop C Attachment C-1 Quarterly Report Start Date End Date
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule More than 24 months behind original schedule Yes No Not Applicable
Yes No Not Applicable
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :

Actual Schedule
End Date

1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of
Work
Right-of-Way Acquisition
Start Date
Construction Bid & Award
Design
FA Milestones
Environmental Clearance
Design Bid & Award
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 ND AND 3 RD 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 Original 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 LACMTA FOR WRITTEN CONCURRENCE.

SECTION 3 : QUARTERLY PROGRESS REPORT

2. PROJECT COMPLETION
Total Project Duration
(Months)
Ribbon Cutting Event
Construction
Ground Breaking Event
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications? Rev: 06.26.19 3 FA Prop C Attachment C-1 Quarterly Report If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.

If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".

5. ACTION ITEMS TO RESOLVE DELAY

4. PROJECT DELAY
List tasks or milestones accomplished and progress made this quarter.

3. TASKS / MILESTONES ACCOMPLISHED
Rev: 06.26.19 4 FA Prop C Attachment C-1 Quarterly Report 1 2
3 4
5 6
7 8
9 10
11 12
13 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.

Signature Date
Name Title
stated in this report is true and correct.

2. 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).

1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant.

Notes:

TOTAL
and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of $ CHARGED TO OTHER FUNDING
SECTION 4: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges, including grant and local match, 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.

TOTAL EXPENSES /
CHARGESITEM $ CHARGED TO MEASURE M
MSP
Rev: 06.26.19 5 FA Prop C Attachment C-1 Quarterly Report Los Angeles Metropolitan Transportation Authority
2025 Federal Transportation Improvement Program ($000)
LA9919335TIP ID Implementing Agency Carson, City of
SCAG RTP Project #: 7120004
Conformity Category: TCM
Project Description: The purpose of this project is to install Class II bike lanes on University Drive, Avalon Boulevard, Central Avenue, Del Amo Boulevard, and 223rd Street including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 15.5 miles of City streets. New bike lanes total approximately 31 miles.

Study:N/A Is Model: Model #:

PM: John Merrill - (310)952-1700
LS: N LS GROUP#:

PPNO:EA #:

Program Code: NCR26 - BICYCLE FACILITY-NEW Stop Loc:

Air Basin: SCAB Envir Doc: CATEGORICAL

EXCLUSION/CATEGORICAL EXEMPTION -- JOINT
NEPA/CEQA - 05/01/2024Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region:

CTIPS ID:

Lane # Extd: Lane # Prop: Imprv Desc:

Hov acs eg loc: Toll Rate:

0.00 Toll Colc Loc: Toll Method:

System :Local Hwy Completion Date 12/31/2030Phase: No Project ActivityDistance: Postmile: Route :

PRIOR PROG TOTAL BEYONDPHASE 29/3028/2927/2826/2725/2624/25 $0 $0 PECITY - City Funds
CON
RW
SUBTOTAL $126 $126
$126 $126
$0 $0
$0 $0 $0 $0
$150 $2,350 $3,034 $5,534
$150 $2,350 $3,034 $5,534
MEASURE M MYSP (Multi Year Subregional Program) $0 $0 $0 $0

SUBTOTAL
CON
RW
PE
$150 $2,476 $3,034 TOTAL
TOTAL PE: $0 TOTAL RW: $0 TOTAL CON: $5,660
$5,660
TOTAL PROGRAMMED: $5,660
- General Comment: New project approved by Metro Board on 9/30/2023. - Modeling Comment:
- TCM Comment: .
- Amendment Comment:
- CMP Comment:
- Narrative:

Change reason:NEW PROJECT Total Project CostLast Revised Amendment 25-01 - Submitted $5,660 1Page Monday, March 18, 2024
FTIP #: LA9919335
Subregion ID: SOUTH BAY

Project#: MM4601.10
FA# 9200000000M460110

03.01.19 Measure M FA - MSP
Attachment F Bond Requirements

1 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 (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. 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 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.

FTIP#: LA9919326
Subregion ID: SOUTH BAY

Project ID#: MM4601.09
Amendment No. 1
FA#: 9200000000M460109

Rev: 05.20.2025 1 Measure M MSP FA Amendment

AMENDMENT No. 1 TO MEASURE M FUNDING AGREEMENT

BETWEEN CITY OF CARSON AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 1 to the Funding Agreement (this “Amendment”), is dated January 26, 2026, for reference purposes only, by and between the City of Carson ("GRANTEE") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000M460109, dated February 1, 2024, (the "Existing FA"), which Existing FA provides for the Bike Lane Installation- Carson St., Figueroa St., Main St., Victoria St., (the “Project”); and

B. WHEREAS, the LACMTA Board on September 25, 2025 approved the increase to the Measure M Funds by $5,363,570, from $5,256,700 to $10,620,270 for Construction. This amount is within the Board authorized budget increase for the Project; and

C. WHEREAS, the LACMTA Board on September 25, 2025 approved reprogramming of the Measure M Funds previously approved; and

D. WHEREAS, the Funds are currently programmed as follows:
$5,628,743 in Measure M Funds in Fiscal Year (FY) 2025-26, and $4,991,527 in FY 2026-27.

The total designated for Construction of the Bike Lane Installation- Carson St., Figueroa St., Main St., Victoria St is $10,620,270; and

E. WHEREAS, the LACMTA Board on September 23, 2021 delegated administrative authority to modify the scope of work of projects and project development phases consistent with eligibility requirements; and

F. WHEREAS, LACMTA administratively approved minor changes to the Scope of Work; and

G. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.

FTIP#: LA9919326
Subregion ID: SOUTH BAY

Project ID#: MM4601.09
Amendment No. 1
FA#: 9200000000M460109

Rev: 05.20.2025 2 Measure M MSP FA Amendment

AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part I, Paragraph 2.2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “To the extent the Measure M funds are available, LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $10,620,270 (the “Funds”) for the Project. LACMTA Board of Directors’ actions September 28, 2023 and September 25, 2025 granted the Measure M Funds for the Project.

LACMTA Board of Directors’ action on September 25, 2025 reprogrammed the Measure M Funds for the Project. The Funds are currently programmed over two Fiscal Years (FY) 2025- 26, and FY 2026-27.”

2. Part I, Paragraph 14 of the Existing FA is hereby amended to change GRANTEE’s project manager to:

City of Carson
701 E. Carson St., Carson, CA 90745
Ian Holst, PE
Associate Civil Engineer
Phone: 310.847.3539
Email: [email protected]

3. 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 2025-26 are subject to lapse by June 30, 2028. All Funds programmed for FY 2026-27 are subject to lapse by June 30, 2029.”

4. Attachment A of the Existing FA is hereby replaced by Attachment A-1, attached.

5. Attachment B of the Existing FA is hereby replaced by Attachment B-1, attached.

6. Attachment C of the Existing FA is hereby replaced by Attachment C-1, attached.

7. Attachment E - Federal Transportation Improvement Program (FTIP) Sheet of the Existing FA is hereby replaced by Attachment E-1, attached.

8. 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.

FTIP#: LA9919326
Subregion ID: SOUTH BAY
Project ID#: MM4601.09
Amendment No. 1
FA#: 9200000000M460109
Rev: 05.20.2025 3 Measure M MSP FA Amendment
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:

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 Carson
By: _______________________________________ Date: ____________________ Lula Davis-Holmes
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Sunny K. Soltani
City Attorney
ATTEST:

By: _______________________________________ Date: ____________________ Dr. Khaleah R. Bradshaw
City Clerk
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SOURCES OF FUNDS Prior Years FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 Total Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE M MSP FUNDS 5,628,743$ 4,991,527$ 10,620,270$ SUM PROG LACMTA FUNDS -$ -$ -$ 5,628,743$ 4,991,527$ -$ 10,620,270$ 88% OTHER NON LACMTA FUNDING:

LOCAL: (General Funds) 215,200$ 1,266,600$ 1,481,800$ 12% STATE: -$ 0%
FEDERAL: (HSIP-5403) -$ 0% PRIVATE OR OTHER: -$ 0% SUM NON-LACMTA FUNDS -$ -$ -$ 215,200$ 1,266,600$ -$ 1,481,800$ 12% TOTAL PROJECT FUNDS -$ -$ -$ 5,843,943$ 6,258,127$ -$ 12,102,070$ 100% Use Actual $$$
ATTACHMENT A -1 PROJECT FUNDING
Measure M Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA.9200000000M460109 Project Title: Bike Lane Installation - Carson St., Figueroa St., Main St., Victoria St. Project#: MM4601.09

PROGRAMMED BUDGET - SOURCES OF FUNDS

03.01.19 Measure M Funding Agreement - MSP
Attachment A - 1 Project Funding
SOURCES OF FUNDS FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $50,000 $1,500,000 $2,000,000 $2,500,000 $2,500,000 $2,070,270 $10,620,270 Vehicle Purchase $0
Others $0
Total Measure M $0 $0 $50,000 $1,500,000 $2,000,000 $2,500,000 $2,500,000 $2,070,270 $10,620,270 SUM PROG LACMTA FUNDS: $0 $0 $50,000 $1,500,000 $2,000,000 $2,500,000 $2,500,000 $2,070,270 $10,620,270 OTHER NON LACMTA FUNDING:

LOCAL: Local Match (General Fund)
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $6,900 $208,300 $277,700 $347,200 $347,200 $294,500 $1,481,800 Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $6,900 $208,300 $277,700 $347,200 $347,200 $294,500 $1,481,800 STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0 $0 $0 $0 $0 $0 $0 $0 $0
Total PRIVATE $0 $0 $6,900 $208,300 $277,700 $347,200 $347,200 $294,500 $1,481,800 SUM NON-LACMTA FUNDS : $0 $0 $6,900 $208,300 $277,700 $347,200 $347,200 $294,500 $1,481,800

PROJECT FUNDINGPROJECT FUNDING
FY2025-26 and FY2026-27 $0 $0 $56,900 $1,708,300 $2,277,700 $2,847,200 $2,847,200 $2,364,770 $12,102,070 TOTAL LACMTA FUNDS $0 $0 $50,000 $1,500,000 $2,000,000 $2,500,000 $2,500,000 $2,070,270 $10,620,270 TOTAL NON-LACMTA FUNDS $0 $0 $6,900 $208,300 $277,700 $347,200 $347,200 $294,500 $1,481,800 TOTAL PROJECT FUNDING $0 $0 $56,900 $1,708,300 $2,277,700 $2,847,200 $2,847,200 $2,364,770 $12,102,070 ATTACHMENT B - 1 EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA# 9200000000M460109 Project Title: Bike Lane Installation - Carson St., Figueroa St., Main St., Victoria St. Project#:MM4601.09

PROGRAMMED SOURCES OF FUNDS

09.10.19 1 of 1
Measure M Funding Agreement - MSP
Attachment B -1 Expenditure Plan
FTIP #: LA9919326
Subregion ID: South Bay

Project#: MM4601.09
Amendment No. 1
Funding Agreement#: FA.9200000000M460109

03.01.19 1 Measure M Funding Agreement – MSP
Attachment C – 1 Scope of Work

ATTACHMENT C-1

SCOPE OF WORK

CAPITAL PROJECT

PROJECT NAME:

Bike Lane Installation – Carson St., Figueroa St., Main St., and Victoria St.

PROJECT LOCATION/LIMITS/AREA:

The project is located at Carson St., Figueroa., Main St., and Victoria St., in the City of Carson, in the South Bay area.

This project limits are along Figueroa St and Main St within City limits, along Victoria St bounded by City limits on East and Avalon Blvd on West, along Carson St bounded by City limits on East and 405 on West.

PROJECT DESCRIPTION INCLUDING MULTI-YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS:

Installing Class II bike lanes on Figueroa Street, Main Street, Victoria Street, and Carson Street in the City of Carson including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 14.5 miles of City streets.

New bike lanes total approximately 29 miles.

PROJECT FUNDING:

PHASE
LACMTA –

MEASURE M FUNDS

LOCAL AGENCY
(IF ANY) TOTAL
Construction $9,278,070 $1,294,530 $10,572,600
Construction Engineering $1,342,200 $187,270 $1,529,470 TOTAL BUDGET COST $10,620,270 $1,481,800 $12,102,070

FTIP #: LA9919326
Subregion ID: South Bay

Project#: MM4601.09
Amendment No. 1
Funding Agreement#: FA.9200000000M460109

03.01.19 2 Measure M Funding Agreement – MSP
Attachment C – 1 Scope of Work

ESTIMATED PROJECT COSTS:

ITEM DESCRIPTION ITEM COST

GENERAL
"Bonding, Mobilization, Demobilization, and Insurance
(limited to 10% of total bid)" $800,000
Traffic Control $500,000
Erosion Control/BMP Implementation $100,000
Construction Survey & Monumentation $100,000

CIVIL IMPROVEMENTS
Demolition & Unclassified Excavation $1,395,000
Construct 6" Curb and Gutter Over 6" CMB $427,500
Construct 6" Curb Only Over 6" CMB $243,000
Construct 6.5" AC Pavement Base Course $750,000
Construct 1.5" AC Overlay $153,000
Construct 12" PCC Pavement Over 8" CMB $1,050,000
Construct Rock Cobble In-Kind $261,000
Construct Stamped Concrete $115,500
Grading $113,100
Crushed Miscellaneous Base $292,500
Adjust Water Meter To Grade $4,500
Adjust Water Valve To Grade $7,425
Adjust Manhole To Grade $18,875
Adjust Pull Box to Grade $4,500
Remove Pull Box $3,600
Install New Pull Box, Conduit and Wiring $3,000
Install New Street Light Foundation Complete $157,500

LANDSCAPE & IRRIGATION IMPROVEMENTS
Relocate Irrigation Cabinet on New Foundation $15,000
Remove Irrigation/Water Meter $15,000
Remove Irrigation/Water Valve $9,000
Relocate Irrigation Meter $45,000
Relocate Irrigation Valve $48,000
Relocate Backflow Preventer $3,000
Miscellaneous Irrigation Modification $500,000
Remove Existing Boulder $27,000
Remove Existing Tree and Replace In-Kind $138,000

SIGNING & STRIPING IMPROVEMENTS
Remove Stripe $60,400
Remove Pavement Marking $42,250
Install Stripe $291,600
Install Pavement Marking $232,800
Install Green Conflict Zone Striping $652,500
Install Red Curb $6,400
Remove Sign Panel & Post $8,000
Remove Sign Panel $900
Install Sign Panel & Post $72,000
Install Sign Panel $121,000
Install Flexible Traffic Post $12,150
TRAFFIC SIGNAL IMPROVEMENTS $200,000
CONSTRUCTION ENGINEERING $1,529,470
CONTINGENCY $1,572,600
GRAND TOTAL $12,102,070
FTIP #: LA9919326
Subregion ID: South Bay

Project#: MM4601.09
Amendment No. 1
Funding Agreement#: FA.9200000000M460109

03.01.19 3 Measure M Funding Agreement – MSP
Attachment C – 1 Scope of Work

PROJECT DETAILED SCHEDULE:

Milestones Begin End Duration
(months)
Finalize PSE January 2024 December 2025 24
Solicitation (Bid / Proposal) January 2026 February 2026 2 Excavation May 2026 February 2027 10
Concrete May 2026 February 2027 10
Traffic Control May 2026 February 2027 10
Signage May 2026 February 2027 10
General Construction / Close out Project March 2027 May 2027 3

PROJECT MAP:

Los Angeles Metropolitan Transportation Authority
2027 Federal Transportation Improvement Program ($000)
LA9919326TIP ID Implementing Agency Carson, City of
SCAG RTP Project #: 7120004
Conformity Category: TCM Committed
Project Description: Installing Class II bike facilities on Figueroa Street, Main Street, Victoria Street, and Carson Street in the City of Carson including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 14.5 miles of City streets.

Study:N/A Is Model: Model #:

PM: John Merrill - (310)952-1700
LS: N LS GROUP#:

PPNO:EA #:

Program Code: NCN26 - BICYCLE FACILITY-NEW Stop Loc:

Air Basin: SCAB Envir Doc: CATEGORICAL

EXCLUSION/CATEGORICAL EXEMPTION -- JOINT
NEPA/CEQA - 05/01/2024Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region: South Bay Cities
COG
CTIPS ID:

Lane # Extd: Lane # Prop: Imprv Desc:

Hov acs eg loc: Toll Rate:

0.00 Toll Colc Loc: Toll Method:

System :Local Hwy Completion Date 12/31/2029Phase: Engineering/Plans, Specifications and Estimates (PS&E)Distance: Postmile: Route :

PRIOR PROG TOTAL BEYONDPHASE 31/3230/3129/3028/2927/2826/27 $0 $0 $0 PECITY - City Funds
CON
RW
SUBTOTAL $1,482 $1,267 $215
$1,482 $1,267 $215
$0 $0 $0
$0 $0 $0
$1,550 $9,070 $10,620
$1,550 $9,070 $10,620
MEASURE M MYSP (Multi Year Subregional Program) $0 $0 $0

SUBTOTAL
CON
RW
PE
$1,765 $10,337 TOTAL
TOTAL PE: $0 TOTAL RW: $0 TOTAL CON: $12,102
$12,102
TOTAL PROGRAMMED: $12,102
- General Comment: Delays associated with required additional funding and with SCE review of lighting plan. Project is anticipated to be bid out for construction in December 2025 after receiving revised lighting plans from SCE. Cost increases associated with additional median modification work and price escalation. - Modeling Comment: Delays associated with required additional funding and with SCE review of lighting plan. Project is anticipated to be bid out for construction in December 2025 after receiving revised lighting plans from SCE. Cost increases associated with additional median modification work and price escalation. - TCM Comment: Delays associated with required additional funding and with SCE review of lighting plan. Project is anticipated to be bid out for construction in December 2025 after receiving revised lighting plans from SCE. Cost increases associated with additional median modification work and price escalation. - Amendment Comment:
- CMP Comment:
- Narrative:

Change reason:Carry over from 25TIP, Addition Total Project CostLast Revised Adoption 27-00 - In Progress $12,102 1Page Tuesday, October 28, 2025
ATTACHMENT E-1 - FTIP SHEET
FTIP#: LA9919335
Subregion ID: South Bay

Project ID#: MM4601.10
Amendment No. 1
FA#: 9200000000M460110

Rev: 05.20.2025 1 Measure M MSP FA Amendment

AMENDMENT No. 1 TO MEASURE M FUNDING AGREEMENT

BETWEEN CITY OF CARSON AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 1 to the Funding Agreement (this “Amendment”), is dated January 26, 2026, for reference purposes only, by and between the City of Carson ("GRANTEE") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000M460110, dated February 1, 2024, (the "Existing FA"), which Existing FA provides for the Bike Lane Installation- 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr., (the “Project”); and

B. WHEREAS, the LACMTA Board on September 25, 2025 approved the increase to the Measure M Funds by $1,450,292, from $5,384,400 to $6,834,692 for Construction. This amount is within the Board authorized budget increase for the Project; and

C. WHEREAS, the LACMTA Board on September 25, 2025 approved reprogramming of the Measure M Funds previously approved; and

D. WHEREAS, the Funds are currently programmed as follows:
$3,280,652 in Measure M Funds in Fiscal Years (FY) 2025-26 and $3,554,040 in FY 2026-27.

The total designated for Construction of the Bike Lane Installation- 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. is $6,834,692; and

E. WHEREAS, the LACMTA Board on September 23, 2021, delegated administrative authority to modify the scope of work of projects and project development phases consistent with eligibility requirements; and

F. WHEREAS, LACMTA administratively approved minor changes to the Scope of Work; and

G. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.

FTIP#: LA9919335
Subregion ID: South Bay

Project ID#: MM4601.10
Amendment No. 1
FA#: 9200000000M460110

Rev: 05.20.2025 2 Measure M MSP FA Amendment

AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part I, Paragraph 2.2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “To the extent the Measure M funds are available, LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $6,834,692 (the “Funds”) for the Project. LACMTA Board of Directors’ actions on September 28, 2023 and September 25, 2025 granted the Measure M Funds for the Project.

LACMTA Board of Directors’ action on September 25, 2025 reprogrammed the Measure M Funds for the Project. The Funds are currently programmed over two Fiscal Years (FY):
$3,280,652 in FY 2025-26; and $3,554,040 in FY 2026-27.”

2. Part I, Paragraph 14 of the Existing FA is hereby amended to change GRANTEE’s project manager to:

City of Carson
701 E. Carson St., Carson, CA 90745
Ian Holst, PE
Associate Civil Engineer
Phone: 310.847.3539
Email: [email protected]

3. 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 2025-26 are subject to lapse by June 30, 2028. All Funds programmed for FY 2026-27 are subject to lapse by June 30, 2029.”

4. Attachment A of the Existing FA is hereby replaced by Attachment A-1, attached.

5. Attachment B of the Existing FA is hereby replaced by Attachment B-1, attached.

6. Attachment C of the Existing FA is hereby replaced by Attachment C-1, attached.

7. Attachment E – Federal Transportation Improvement Program (FTIP) Sheet of the Existing FA is hereby replaced by Attachment E-1, attached.

8. 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.

FTIP#: LA9919335
Subregion ID: South Bay
Project ID#: MM4601.10
Amendment No. 1
FA#: 9200000000M460110
Rev: 05.20.2025 3 Measure M MSP FA Amendment
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:

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 Carson
By: _______________________________________ Date: ____________________ Lula Davis-Holmes
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Sunny K. Soltani
City Attorney
ATTEST:

By: _______________________________________ Date: ____________________ Dr. Khaleah R. Bradshaw
City Clerk
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SOURCES OF FUNDS Prior Years FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 Total Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE M MSP FUNDS -$ -$ 3,280,652$ 3,554,040$ 6,834,692$ SUM PROG LACMTA FUNDS -$ -$ -$ 3,280,652$ 3,554,040$ -$ 6,834,692$ 83% OTHER NON LACMTA FUNDING:

LOCAL: -$ 1,384,800$ 1,384,800$ 17% STATE: -$ 0%
FEDERAL: HSIP -$ -$ 0% PRIVATE OR OTHER: -$ 0%
SUM NON-LACMTA FUNDS -$ -$ -$ 1,384,800$ -$ -$ 1,384,800$ 17% TOTAL PROJECT FUNDS -$ -$ -$ 4,665,452$ 3,554,040$ -$ 8,219,492$ 100% Use Actual $$$
ATTACHMENT A -1 PROJECT FUNDING
Measure M Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA.9200000000M460110 Project Title: Bike Lane Installation - 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. Project#: MM4601.10

PROGRAMMED BUDGET - SOURCES OF FUNDS

03.01.19 Measure M Funding Agreement - MSP
Attachment A - 1 Project Funding
SOURCES OF FUNDS FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $50,000 $1,000,000 $1,300,000 $1,600,000 $1,600,000 $1,284,692 $6,834,692 Vehicle Purchase $0
Others $0
Total Measure M $0 $0 $50,000 $1,000,000 $1,300,000 $1,600,000 $1,600,000 $1,284,692 $6,834,692 SUM PROG LACMTA FUNDS: $0 $0 $50,000 $1,000,000 $1,300,000 $1,600,000 $1,600,000 $1,284,692 $6,834,692 OTHER NON LACMTA FUNDING:

LOCAL: Local Match (General Fund)
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $10,100 $202,600 $263,400 $324,200 $324,200 $260,300 $1,384,800 Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $10,100 $202,600 $263,400 $324,200 $324,200 $260,300 $1,384,800 STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0 $0 $0 $0 $0 $0 $0 $0 $0
Total PRIVATE $0 $0 $10,100 $202,600 $263,400 $324,200 $324,200 $260,300 $1,384,800 SUM NON-LACMTA FUNDS : $0 $0 $10,100 $202,600 $263,400 $324,200 $324,200 $260,300 $1,384,800

PROJECT FUNDINGPROJECT FUNDING
FY2025-26 and FY2026-27 $0 $0 $60,100 $1,202,600 $1,563,400 $1,924,200 $1,924,200 $1,544,992 $8,219,492 TOTAL LACMTA FUNDS $0 $0 $50,000 $1,000,000 $1,300,000 $1,600,000 $1,600,000 $1,284,692 $6,834,692 TOTAL NON-LACMTA FUNDS $0 $0 $10,100 $202,600 $263,400 $324,200 $324,200 $260,300 $1,384,800 TOTAL PROJECT FUNDING $0 $0 $60,100 $1,202,600 $1,563,400 $1,924,200 $1,924,200 $1,544,992 $8,219,492 ATTACHMENT B -1 EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - Transportation System & Mobility Improvements Program - Funding Agreement Projects - FA# 9200000000M460110 Project Title: Bike Lane Installation - 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr. Project#:MM4601.10

PROGRAMMED SOURCES OF FUNDS

09.10.19 1 of 1
Measure M Funding Agreement - MSP
Attachment B -1 Expenditure Plan
FTIP #: LA9919335
Subregion ID: South Bay

Project#: MM4601.10
Amendment No. 1
Funding Agreement#: 9200000000M4601.10

03.01.19 1 Measure M Funding Agreement – MSP
Attachment C –1 Scope of Work

ATTACHMENT C-1

SCOPE OF WORK

CAPITAL PROJECT

PROJECT NAME:

Bike Lane Installation – 223rd St., Avalon Blvd., Central Ave., Del Amo Blvd., University Dr.

PROJECT LOCATION/LIMITS/AREA:

The project is located on 223rd St. and Avalon Blvd. Dr in the City of Carson, in the South Bay area.

This project limits are along Avalon Boulevard from 219 th Street to Sepulveda Boulevard
and along 223rd Street from Anchor Avenue to Bonita Street.

PROJECT DESCRIPTION INCLUDING MULTI-YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS:

The purpose of this project is to modify medians and install Class II bike lanes on Avalon Boulevard and 223rd Street including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 2 miles of City streets.

New bike lanes total approximately 4 miles. This project also includes the replacement of street lighting from medians onto City sidewalks in some segments.

PROJECT FUNDING:

PHASE
LACMTA –

MEASURE M FUNDS

LOCAL AGENCY
(IF ANY) TOTAL
Construction $5,986,565 $1,212,958 $7,199,523
Construction Engineering $848,127 $171,842 $1,019,969 TOTAL BUDGET COST $6,834,692 $1,384,800 $8,219,492

ESTIMATED PROJECT COSTS:

ITEM DESCRIPTION QUANTITY UNIT UNIT
COST

ITEM COST

GENERAL
"Bonding, Mobilization, Demobilization, and Insurance
(limited to 10% of total bid)"
1 LS $750,000
$750,000
Traffic Control 1 LS $300,000 $300,000
Erosion Control/BMP Implementation 1 LS $75,000 $75,000 Construction Survey & Monumentation 1 LS $75,000 $75,000

CIVIL IMPROVEMENTS
Demolition & Unclassified Excavation 1,250 CY $600 $750,000 Construct 6" Curb and Gutter Over 6" CMB 0 LF $0 $0
FTIP #: LA9919335
Subregion ID: South Bay

Project#: MM4601.10
Amendment No. 1
Funding Agreement#: 9200000000M4601.10

03.01.19 2 Measure M Funding Agreement – MSP
Attachment C –1 Scope of Work

Construct 6" Curb Only Over 6" CMB 2,350 LF $123.40 $290,000 Construct 6.5" AC Pavement Base Course 1,100 TON $400 $440,000 Construct 1.5" AC Overlay 260 TON $384.62 $100,000
Construct 12" PCC Pavement Over 8" CMB 200 CY $2,000 $400,000 Construct Rock Cobble In-Kind 2,280 SF $83.33 $190,000
Construct Stamped Concrete 1,120 SF $53.57 $60,000
Grading 10,600 SF $10.38 $110,000
Crushed Miscellaneous Base 860 CY $203.49 $175,000
Adjust Water Meter To Grade 2 EA $7,500 $15,000
Adjust Water Valve To Grade 6 EA $3,333.33 $20,000
Adjust Manhole To Grade 1 EA $10,000 $10,000
Adjust Pull Box to Grade 1 EA $10,000 $10,000
Remove Pull Box 1 EA $10,000 $10,000
Install New Pull Box, Conduit and Wiring 1 EA $10,000 $10,000 Install New Street Light Foundation Complete 15 EA $14,000 $210,000

LANDSCAPE & IRRIGATION IMPROVEMENTS

Relocate Irrigation Cabinet on New Foundation 1 EA $20,000 $20,000 Remove Irrigation/Water Meter 3 EA $6,000 $18,000
Remove Irrigation/Water Valve 7 EA $6,000 $42,000
Relocate Irrigation Meter 1 EA $15,000 $15,000
Relocate Irrigation Valve 7 EA $6,000 $42,000
Relocate Backflow Preventer 1 EA $8,000 $8,000
Miscellaneous Irrigation Modification 1 LS $600,000 $600,000 Remove Existing Boulder 1 EA $15,000 $15,000
Remove Existing Tree and Replace In-Kind 20 EA $12,000 $240,000

SIGNING & STRIPING IMPROVEMENTS
Remove Stripe 11,000 LF $3 $36,000
Remove Pavement Marking 26 EA $1,038 $27,000
Install Stripe 36,300 LF $5 $175,000
Install Pavement Marking 100 EA $1,300 $130,000
Install Green Conflict Zone Striping 28,500 SF $24 $685,000 Install Red Curb 142 LF $14 $2,000
Remove Sign Panel & Post 5 EA $800 $4,000
Remove Sign Panel 6 EA $333 $2,000
Install Sign Panel & Post 28 EA $1,964 $55,000
Install Sign Panel 50 EA $1,600 $80,000
Install Flexible Traffic Post 3 EA $1,333 $4,000
TRAFFIC SIGNAL IMPROVEMENTS $200,000
CONSTRUCTION ENGINEERING $1,019,969
CONTINGENCY $799,523
GRAND TOTAL $8,219,492

FTIP #: LA9919335
Subregion ID: South Bay

Project#: MM4601.10
Amendment No. 1
Funding Agreement#: 9200000000M4601.10

03.01.19 3 Measure M Funding Agreement – MSP
Attachment C –1 Scope of Work

PROJECT DETAILED SCHEDULE:

Milestones Begin End Duration
(months)
Finalize PSE January 2024 December 2025 24
Solicitation (Bid / Proposal) January 2026 February 2026 2 Excavation May 2026 February 2027 10
Concrete May 2026 February 2027 10
Traffic Control May 2026 February 2027 10
Signage May 2026 February 2027 10
General Construction / Close out Project March 2027 May 2027 3

PROJECT MAP:

FTIP #: LA9919335
Subregion ID: South Bay

Project#: MM4601.10
Amendment No. 1
Funding Agreement#: 9200000000M4601.10

03.01.19 4 Measure M Funding Agreement – MSP
Attachment C –1 Scope of Work

Los Angeles Metropolitan Transportation Authority
2027 Federal Transportation Improvement Program ($000)
LA9919335TIP ID Implementing Agency Carson, City of
SCAG RTP Project #: 7120004
Conformity Category: TCM Committed
Project Description: The purpose of this project is to install Class II bike lanes on University Drive, Avalon Boulevard, Central Avenue, Del Amo Boulevard, and 223rd Street including signing, striping, and the modification of medians to increase road width for dedicated bike lanes along approximately 15.5 miles of City streets. New bike lanes total approximately 31 miles.

Study:N/A Is Model: Model #:

PM: John Merrill - (310)952-1700
LS: N LS GROUP#:

PPNO:EA #:

Program Code: NCN26 - BICYCLE FACILITY-NEW Stop Loc:

Air Basin: SCAB Envir Doc: CATEGORICAL

EXCLUSION/CATEGORICAL EXEMPTION -- JOINT
NEPA/CEQA - 05/01/2024Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region:

CTIPS ID:

Lane # Extd: Lane # Prop: Imprv Desc:

Hov acs eg loc: Toll Rate:

0.00 Toll Colc Loc: Toll Method:

System :Local Hwy Completion Date 12/31/2029Phase: Engineering/Plans, Specifications and Estimates (PS&E)Distance: Postmile: Route :

PRIOR PROG TOTAL BEYONDPHASE 31/3230/3129/3028/2927/2826/27 $0 $0 $0 PECITY - City Funds
CON
RW
SUBTOTAL $1,385 $1,172 $213
$1,385 $1,172 $213
$0 $0 $0
$0 $0 $0
$1,050 $5,785 $6,835
$1,050 $5,785 $6,835
MEASURE M MYSP (Multi Year Subregional Program) $0 $0 $0

SUBTOTAL
CON
RW
PE
$1,263 $6,957 TOTAL
TOTAL PE: $0 TOTAL RW: $0 TOTAL CON: $8,220
$8,220
TOTAL PROGRAMMED: $8,220
- General Comment: Delays associated with required additional funding and with SCE review of lighting plan. Project is anticipated to be bid out for construction in December 2025 after receiving revised lighting plans from SCE. Cost increases associated with additional median modification work and price escalation. - Modeling Comment: Delays associated with required additional funding and with SCE review of lighting plan. Project is anticipated to be bid out for construction in December 2025 after receiving revised lighting plans from SCE. Cost increases associated with additional median modification work and price escalation. - TCM Comment: Delays associated with required additional funding and with SCE review of lighting plan. Project is anticipated to be bid out for construction in December 2025 after receiving revised lighting plans from SCE. Cost increases associated with additional median modification work and price escalation. - Amendment Comment:
- CMP Comment:
- Narrative:

Change reason:Carry over from 25TIP, Carry o Total Project CostLast Revised Adoption 27-00 - In Progress $8,220 1Page Tuesday, October 28, 2025
Attachment E-1 FTIP SHEET
01007.0006 2126760.1
RESOLUTION NO. 26-050

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARSON, CALIFORNIA, APPROVING FUNDING
AGREEMENT AMENDMENTS NO. 1 BETWEEN LOS

ANGELES COUNTY METROPOLITAN TRANSPORTATION

AUTHORITY (LACMTA) AND THE CITY OF CARSON FOR
PROJECT NO. 1452: BIKE LANE INSTALLATION AND

MEDIAN MODIFICATIONS ON FIGUEROA STREET, MAIN
STREET, 223RD STREET, AND A V ALON BOULEV ARD,
LACMTA PROJECT # M M4601.09, FTIP #LA9919326 AND
LACMTA PROJECT # MM4601.10, FTIP #LA9919335

WHEREAS, Los Angeles County Metropolitan Transportation Authority ( “LACMTA”) entered into the Measure M Funding Agreement dated February 1, 2024 (“Measure M Funding Agreement Project A”), programming Measure M Funds to the City of Carson (“City”) for the Bike Lane Installation – Carson Street, Figueroa Street, Main Street, Victoria Street project , LACMTA Project ID# MM4601.09 and FTIP# LA9919326 (“Project A”); and

WHEREAS, LACMTA entered into the Measure M Funding Agreement dated February 1, 2024 (“Measure M Funding Agreement Project B”), programming Measure M Funds to the City for the Bike Lane Installation – 223
rd Street, Avalon Boulevard, Central Avenue, Del Amo
Boulevard, University Drive project, LACMTA Project ID# MM4601.10 and FTIP# LA9919335 (“Project B”); and

WHEREAS, on September 25, 2025, the LACMTA Board approved the increase to the Measure M funds for Project A by $5,363,570, from $5,256,700 to $10,620,270; and

WHEREAS, on September 25, 2025, the LACMTA Board approved the increase to the Measure M funds for Project B by $1,450,292, from $5,384,400 to $6,834,692; and

WHEREAS, approval of Amendment No. 1 to the Measure M Funding Agreement Project A will permit the increase of funds as approved by the LACMTA Board; and

WHEREAS, approval of Amendment No. 1 to the Measure M Funding Agreement Project B will permit the increase of funds as approved by the LACMTA Board.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

01007.0006 2126760.1
Section 2. Approval of Amendment No. 1 to Measure M Funding Agreements. The City Council hereby approves Amendment No. 1 to the Measure M Funding Agreement Project A and Amendment No. 1 to the Measure M Funding Agreement Project B , copies of which are attached hereto as Exhibit “A ” and Exhibit “B” and incorporated herein by this reference , and authorizes the Mayor to execute the same.

Section 3. Further Acts. The City Manager, Director of Public Works and City Clerk are hereby authorized and directed to execute such other documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

Section 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 6 . Effective Date. This Resolution shall be effective immediately upon its adoption.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

01007.0006 2126760.1
PASSED, APPROVED, and ADOPTED this 20th day of May, 2026.

____________________________
Lula Davis-Holmes, Mayor

ATTEST:

_______________________________
Dr. Khaleah K. Bradshaw, City Clerk

APPROVED AS TO FORM:

_______________________________
Sunny K. Soltani, City Attorney

01007.0006 2126760.1
EXHIBIT “A”

Amendment No. 1 to Measure M Funding Agreement Project A

See Attached

01007.0006 2126760.1
EXHIBIT “B”

Amendment No. 1 to Measure M Funding Agreement Project B

See Attached
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, May 20, 2026, 5:00 PM
CONSENT 32. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER AN AWARD OF A PUBLIC WORKS AGREEMENT TO CROSSTOWN ELECTRICALAND DATA, INC. FOR PROJECT NO. 1784: TRAFFIC SIGNAL MODIFICATION (CENTRAL AVENUE &UNIVERSITY DRIVE) (CITY COUNCIL) I. SUMMARY
Project No. 1784: Traffic Signal Modification at Central Avenue and University Drive is included in the City’s Capital Improvement Program (CIP). The purpose of this project is to improve the existing traffic signal infrastructure at the intersection of Central Avenue and University Drive in order to enhance traffic operations, improve reliability of the signal system, and support overall public and roadway safety for drivers, pedestrians, and bicyclists traveling through the area.

To secure a qualified construction contractor for the project, the City publicly advertised the project through PlanetBids, the City’s electronic bidding platform, from January 12, 2026, through March 12, 2026. A total of seven bids were received and publicly opened by the Purchasing Division Manager on March 12, 2026. Following review and evaluation of the submitted bids, staff determined that Crosstown Electrical & Data, Inc. submitted the lowest responsive and responsible bid in the amount of $667,241. This project is also subject to the requirements of the City’s Project Labor Agreement (PLA). The selected contractor and all subcontractors working on the project are required to comply with all applicable terms and conditions of the City’s PLA.

Consequently, staff recommends that the City Council award a construction contract to Crosstown Electrical & Data, Inc. in an amount not-to-exceed $667,241. Staff also recommends approval of a ten percent (10%) construction contingency in the amount of $66,724.10 to address any unforeseen field conditions, necessary design adjustments, or additional work that may arise during construction. The total authorized construction budget, including contingency, would therefore be $733,965.10.

II. RECOMMENDATION
TAKE the following actions:

1. AWARD a Public Works Agreement for Project No. 1784: Traffic Signal Modification (Central Avenue & University Drive) in the amount of $667,241 to the lowest responsive and responsible bidder, Crosstown Electrical & Data, Inc. (Exhibit No. 3); and,

2. AUTHORIZE the Mayor to execute a Public Works Agreement following approval as to form by the City Attorney; and,

3. AUTHORIZE a 10% construction contingency of $66,724.10 to address any unforeseen construction conditions that may arise.

III. ALTERNATIVES

1. REJECT all bids.

2. TAKE another action the City Council deems appropriate consistent with the requirements of the law.

IV. BACKGROUND
Project No. 1784: Traffic Signal Modification at Central Avenue and University Drive is included in the City’s Capital Improvement Program (CIP), which is the City’s long-term planning program for major infrastructure improvements and public safety projects. The purpose of this project is to improve safety and traffic operations at the intersection of Central Avenue and University Drive through the replacement and modernization of the existing traffic signal system. The project includes removal of outdated traffic signal equipment and installation of new signal infrastructure designed to meet current engineering, traffic safety, and accessibility standards.

A key component of the project is the addition of protected left-turn signal phases, commonly referred to as protected left-turn arrows, on all four approaches of the intersection. A protected left-turn phase is a traffic signal feature that allows vehicles turning left to proceed only when opposing traffic is stopped by a red light. This improves safety by reducing conflicts between left-turning vehicles and oncoming traffic. Currently, the intersection does not include protected left-turn phases on any approach, which creates increased potential for collisions between turning vehicles and through traffic. Existing roadway conditions further contribute to safety concerns, particularly the downhill grade on Central Avenue approaching the intersection from the north, which reduces visibility and limits driver reaction time. As a result, the intersection has experienced a number of traffic collisions and ongoing safety concerns. Since the beginning of calendar year 2025, the Los Angeles County Sheriff's Department has documented eight reported collisions at the intersection, in addition to several incidents occurring in prior years.

The City has also received numerous complaints from motorists regarding recurring accidents and overall safety concerns at this location. In response, staff has implemented several interim safety measures while pursuing a permanent long-term solution through Project No. 1784. Temporary measures have included modifying traffic signal timing to provide additional clearance time for turning vehicles, deploying a message board trailer to increase driver awareness, and coordinating with the Sheriff’s Department to increase traffic enforcement in the area. The proposed traffic signal improvements are intended to provide a long-term solution by modernizing the intersection, improving visibility and traffic control, enhancing pedestrian accessibility, and reducing the likelihood of future collisions. The project also includes additional safety enhancements designed to improve operations for motorists, pedestrians, bicyclists, and all roadway users.

The project was publicly advertised for construction bids through Invitation for Bids (IFB) No. 26-01. On March 12, 2026, seven bids were received through PlanetBids and publicly opened by the Purchasing Division Manager at the City Clerk’s Office. After reviewing the submitted bid documents, staff determined that Crosstown Electrical & Data, Inc. submitted the lowest responsive and responsible bid in the amount of $667,241.

No.Bidder Place of
Business
Bid
Amount
1 Crosstown Electrical & Data,
Inc.

Irwindale, CA$667,241.00
2 California Professional
Engineering, Inc.

La Puente, CA$678,740.50
3 Select Electric, Inc. Anaheim, CA$698,850.00
4 Elecnor Belco Electric, Inc.Chino, CA $705,585.00
5 Alfaro Communications
Construction, Inc.

Compton, CA$708,723.74
6 Jerusalem Construction, Inc.National City,
CA
$725,144.98
7 Baker Electric & Renewables
LLC
Escondido, CA$801,425.40
A “responsive” bidder is one whose bid complies with all requirements of the bid documents, while a “responsible” bidder is a contractor determined to possess the appropriate licensing, qualifications, financial capability, experience, and ability to successfully complete the project. Staff confirmed that Crosstown Electrical & Data, Inc. submitted all required bid documents, including the required Project Labor Agreement (PLA) Letter of Assent, is properly licensed and registered with the California Department of Industrial Relations, and provided a valid bid bond equal to ten percent of the total bid amount. Staff also confirmed that the company has successfully completed similar traffic signal improvement projects in neighboring jurisdictions, including prior work within the City of Carson.

In accordance with Carson Municipal Code Section 2610, the City issued a Notice of Intent to Award the contract to all bidders on March 17, 2026. The notice also informed bidders of the protest procedures established under Carson Municipal Code Section 2613. No bid protests were received within the required protest period or as of the date of this report.

The anticipated project schedule includes City Council award of the construction contract in May 2026, contract execution in July 2026, commencement of construction in September 2026, completion of construction by May 2027, and project close-out in June 2027. Staff notes that the schedule may be adjusted as necessary due to material availability, weather conditions, or other unforeseen construction-related factors.

Preparation of Plans, Specifications, and
Estimates
Completed
Advertise Notice Inviting BidsCompleted
Award of Construction ContractMay 20, 2026
Contract Execution July 2026
PO Issuance August 2026
Start of Construction September
2026
Completion of Construction May 2027
Project Close-Out June 2027
Consequently, staff recommends that the City Council award a Public Works Agreement to Crosstown Electrical & Data, Inc., as the lowest responsive and responsible bidder, in the amount of $667,241 for construction of Project No. 1784: Traffic Signal Modification at Central Avenue and University Drive.

V. FISCAL IMPACT
The proposed Public Works Agreement with Crosstown Electrical & Data, Inc. is in an amount not-to-exceed $667,241. In addition to the base contract amount, staff is requesting that the City Council approve a ten percent (10%) construction contingency in the amount of $66,724.10. A construction contingency is a reserve amount set aside to address unforeseen field conditions, necessary design adjustments, utility conflicts, or additional work that may arise during construction. If approved, the total authorized construction budget for Project No. 1784 would be $733,965.10. Funding for the project construction costs will be provided through Development Impact Fee (DIF) Traffic Funds. DIF Traffic Funds are fees collected from new development projects to help pay for transportation and traffic infrastructure improvements needed to support growth and increased traffic demand within the City. If approved by the City Council, the total project construction cost of $733,965.10 will be incorporated into the Fiscal Year 2026-2027 Capital Improvement Program (CIP) budget as part of the City’s annual budget adoption process.

VI. EXHIBITS

1. Location Map

2. Bid Register

3. Public Works Agreement
Attachments
Exhibit 1 - Location Map
Exhibit 2 - Bid Register
Exhibit 3 - Construction Contract
EXHIBIT NO. 1
Location Map
Project No. 1784
Traffic Signal Modification
Central Avenue and University Drive

01007.0006 2113064.2 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF CARSON AND
CROSSTOWN ELECTRICAL & DATA, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this _________ day of _________________, 2026, by and between the City of Carson , a California charter city ( “City”) and Crosstown Electrical & Data, Inc. , a California corporation (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

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

C. Pursuant to the City of Carson Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of th e services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Project No. 1784: Traffic Signal Modification (Central Avenue & University Drive) (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations . As used herein, “Bid Documents” refers to all of the documents included i n the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or -2-
01007.0006 2113064.2
incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis -Bacon Act (40 U.S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is empl oyed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. -3-
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(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable appr enticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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1.4 Compliance with Project Labor Agreement
If and to the extent that the work to be performed under this Agreement is within the scope of the City’s Project Labor Agreement , which was fully executed as of March 4, 2020, by and between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions (the “Project Labor Agreement”), City and Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and take precedence over the conflicting provision(s) of this Agreement.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, i ts officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilitie s, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the condit ions there existing, prior to commencement of services hereunder.

1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i ) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
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(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheet ing, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or oth er components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’ s own -6-
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negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City ’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.11 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non- conforming materials incorporated into the work ) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non- conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of s ubcontractors, suppliers and manufacturers with respect to any portion of the work , whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement , to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City’s Director of Public Works or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change -7-
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Orders must be signed by the Contractor and City’s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awarded to Contractor plus any additional subsequent contingency approved by the City Council , if any, taken either separately or cumulatively, or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees . Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid . If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order complete d, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. -8-
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1.13 CARB Compliance.

For a project involving the use of in- use off-road diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuant to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.

1.14 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Six Hundred Sixty Seven Thousand Two Hundred Forty One Dollars ($667,241.00) (“Contract Sum”) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor ’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.
(a) Payments Made b y City . City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed -9-
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or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors . Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.

(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

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(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities sha ll be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within One Hundred (100) working days after receiving a “ Notice to Proceed ” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Seven Hundred Fifty Dollars ($750.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination -11-
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shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.

As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor ( “Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

David Heermance _________ President ________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or 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 under this Agreement or is otherwise expressly conferred in -12-
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writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor ’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Jonathan Yee, P.E., Traffic Engineer, or any other person as may be designated by the City’s Director of Public Works or City Engineer . It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City’s Director of Public Works or City Engineer , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City a nd shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by l aw for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or cont rol of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $ 5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Workers’ compensation insurance . Contractor shall maintain Workers ’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub- limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, m achinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, b roken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
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(e) Pollution Liability Insurance . Contractor shall maintain Environmental Impairment Liability insurance, written on a C ontractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf ” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

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

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers ’ compensation. Insurance certificates and endorsements must be approved by City’ s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certifie d copies of all required insurance policies, at any time.
(c) Duration of C overage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’ s own insurance or self -insurance shall be called upon to protect it as a named insured.
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(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of C ontract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of C ancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of U ndisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer ’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. -16-
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(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor , provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor , the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations conta ined in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contrac tor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
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Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third- party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement , Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section

2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.

5.7 Release of Securities.
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City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents r elating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor ’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein , Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. -19-
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6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “ documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor ’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by -20-
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Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT ; DEFAULT , SUSPENSION AND

TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.
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7.4 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal co nferences, non -binding judicial -supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim ” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contract ual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. -22-
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(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be re quested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -23-
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(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses . The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims . If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed wo rk, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less . The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
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(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act ( Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.5 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.6 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, i n entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (comme ncing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. -25-
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religi on, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. -26-
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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the same Agreement. All signatures on bonds must be originals.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
-27-
01007.0006 2113064.2

9.6 Severability.

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

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conse quence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not l imited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or othe r conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreeme nt, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

-28-
01007.0006 2113064.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CARSON, a California charter
city
______________________________
_________________, Mayor

ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_____________________________
Sunny K. Soltani, City Attorney
[rjl, alh]
CONTRACTOR:

CROSSTOWN ELECTRICAL & DATA,
INC., a California corporation
*By: _______________________________
Name: _____________________________
Title: _____________________________

*By: _______________________________
Name: _____________________________
Title: _____________________________

Address: 5454 Diaz Street
Irwindale, CA 91706

*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR ’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

01007.0006 2113064.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0006 2113064.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0006 2113064.2 A-1

EXHIBIT A
CONTRACTOR’S BID

01007.0006 2113064.2

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

None.

01007.0006 2113064.2

EXHIBIT C

PERFORMANCE BOND
We, Crosstown Electrical & Data, Inc., a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of Six Hundred Sixty Seven Thousand Two Hundred Forty One Dollars ( $667,241.00). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenc ed shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and age nts, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably es timate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wis e affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

01007.0006 2113064.2
Executed this day of _________, ____.

Seal of Corporation _____________

By:____________________________________
Authorized Representative of Principal

Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]

_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

01007.0006 2113064.2

EXHIBIT D

PAYMENT BOND

We, Crosstown Electrical & Data, Inc., a California corporation , as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Six Hundred Sixty Seven Thousand Two Hundred Forty One Dollars ($667,241.00). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy betwee n Principal and City regarding Principal's failure under the agreement.

Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

01007.0006 2113064.2

Executed this _____________ day of ___________, ______.

Seal of Corporation ______________

By:______________________________
Authorized Representative of Principal

Title: __________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) ________________
[name of surety]

_________________________ _____________________________ Name Street Number

_________________________ _____________________________ Street Number City and State

_________________________ _____________________________ City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

01007.0006 2113064.2

EXHIBIT E

INVOICE FORM

CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, May 20, 2026, 5:00 PM
CONSENT 33. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER ADOPTION OF RESOLUTION 26-029, APPROVING MEASURE R FUNDINGAGREEMENT AMENDMENT NO. 2 BETWEEN LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIONAUTHORITY (LACMTA) AND THE CITY OF CARSON FOR PROJECT NO. 1780: VICTORIA TRANSIT CENTER,LACMTA PROJECT # MR524.02, FTIP #LA9919119 (CITY COUNCIL) I. SUMMARY
The City is currently advancing CIP Project No. 1780: Victoria Transit Center, which will design and construct a new regional transit center on the campus of California State University, Dominguez Hills (CSUDH), adjacent to Victoria Street (Exhibit No. 1). The proposed project is intended to create a modern public transportation hub that will improve transit access, passenger amenities, and regional connectivity for students, residents, employees, visitors, and transit riders throughout the area. To help fund the project, the City previously secured Measure R transportation grant funding from Los Angeles County Metropolitan Transportation Authority (LACMTA/Metro) in the amount of $3,525,000 for the design and construction of the Victoria Transit Center, in accordance with the terms and conditions of the Funding Agreement (Exhibit No. 2). The original Funding Agreement was approved by the City Council on July 5, 2023. The agreement was subsequently amended on August 5, 2025, through Amendment No. 1, which extended the grant funding lapse date to June 30, 2027, in order to allow additional time for project delivery and completion (Exhibit No. 3). Since that time, updated engineering, design, and construction cost estimates have identified the need for additional grant funding to fully complete the project. In response, Metro approved Funding Agreement Amendment No. 2 (Exhibit No. 4), which increases the Measure R grant funding amount by an additional $7,952,000. If approved, the proposed amendment will increase total available Measure R funding for the Victoria Transit Center project from $3,525,000 to $11,477,000.

II. RECOMMENDATION
TAKE the following actions:

1. WAIVE further reading and ADOPT Resolution 26-029, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO MEASURE R TRANSIT INVESTMENT FUNDING AGREEMENT”, increasing Measure R funds by $7,952,000 (Exhibit No. 5); and,

2. AUTHORIZE the Mayor to execute Funding Agreement Amendment No. 2 following approval as to form by the City Attorney, for the design and construction of the transit center as part of Project No. 1780.

III. ALTERNATIVES

1. DO NOT APPROVE the above recommendations; however, the City must execute this funding agreement amendment in order to increase the Measure R funding. Invoices for reimbursement exceeding the current Measure R funding agreement amount cannot be submitted to LACMTA unless this funding agreement amendment is fully executed.

2. TAKE another action the City Council deems appropriate consistent with he requirements of the law.

IV. BACKGROUND
The City’s Capital Improvement Program (CIP) includes Project No. 1780: Victoria Transit Center, which is intended to create a modern public transportation hub in the area of California State University, Dominguez Hills (CSUDH).

In September 2021, the Board of Los Angeles County Metropolitan Transportation Authority (Metro/LACMTA) approved $3,525,000 in Measure R transportation grant funding to the City to fully fund the estimated design and construction costs of the project at that time.

For several years, the City has utilized the area along Del Amo Boulevard east of Avalon Boulevard as a transit terminal for the Carson Circuit bus system. Currently, the location contains only limited transit amenities, consisting primarily of bus stop signs and benches located within the public right-of-way adjacent to an open parking lot.

While functional, the existing site does not provide the level of passenger amenities, comfort, accessibility, or transit connectivity needed to support the growing transportation demands of the area. The proposed Victoria Transit Center would provide a significantly improved and centralized transit facility designed to better serve students, residents, employees, visitors, and transit riders in the surrounding community, including the nearby 157-acre development area within the City of Carson. The project is strategically located near CSUDH and along Victoria Street, where several public transit providers currently operate. The new Transit Center is intended to serve as a shared regional transportation hub benefiting multiple transit agencies, including Metro, Long Beach Transit, Carson Circuit, and Torrance Transit. The facility would provide a centralized location where riders can transfer between bus routes more safely, conveniently, and efficiently. The Transit Center would also improve regional access to the Carson Circuit system, including connections to the Circuit’s Metro Blue Line feeder routes, Route D and Route G, as well as Metro bus routes 205 and 446/447.

In addition, Metro riders and users of partner transit agencies would have improved access to destinations throughout Carson by transferring through the Victoria Transit Center. Collectively, Carson Circuit and Long Beach Transit currently operate five fixed transit routes serving approximately 195,000 passenger trips annually within the project area. The proposed Transit Center is expected to significantly improve the overall rider experience by enhancing passenger comfort, safety, accessibility, and access to real-time transit service information and transit amenities.

During the project design phase, updated engineering and construction cost estimates identified the need for additional funding to fully complete the project. In response, City staff submitted a request through the South Bay Cities Council of Governments (SBCCOG) for an additional $7,952,000 in Measure R grant funding to fully fund the remaining design and construction costs associated with the Victoria Transit Center project. The additional funding request was subsequently approved by Metro. Consequently, staff is requesting that the City Council approve the proposed Amendment No. 2 to the Funding Agreement to increase available Measure R grant funding and ensure that sufficient funding is available to complete the design and construction of the Victoria Transit Center project.

V. FISCAL IMPACT
On July 5, 2023, the City Council approved a Funding Agreement with Los Angeles County Metropolitan Transportation Authority (Metro) providing $3,525,000 in Measure R grant funding for CIP Project No. 1780 - Victoria Transit Center. Following execution of the agreement, City staff proceeded with the design phase of the project. During the design process, updated engineering and construction cost estimates determined that the total cost of the project would be significantly higher than originally anticipated. To address the increased project costs and ensure sufficient funding is available to complete the project, City staff submitted a request for additional Metro funding through the South Bay Cities Council of Governments (SBCCOG). Metro subsequently approved the City’s request for additional grant funding. If the City Council approves the proposed Amendment No. 2 to the Funding Agreement with Metro, an additional $7,952,000 in Measure R grant funding will be allocated to CIP Project No. 1780, increasing the total available grant funding for the Victoria Transit Center project from $3,525,000 to $11,477,000. The additional grant funding will be incorporated into the proposed Fiscal Year 2026-2027 Capital Improvement Program (CIP) budget, as well as future fiscal year CIP budgets as needed, through the City’s annual budget development and adoption process.

VI. EXHIBITS

1. Location Map

2. Funding Agreement

3. Funding Agreement Amendment No. 1

4. Funding Agreement Amendment No. 2

5. Resolution 26-029
Attachments
Exhibit 1 - Location Map
Exhibit 2 - Funding Agreement
Exhibit 3 - Funding Agreement Amendment No. 1
Exhibit 4 - Funding Agreement Amendment No. 2
Exhibit 5 - Resolution 26-029
EXHIBIT NO. 1

09/10/2025
for

FTIP #: LA9919119
Subregion ID: South Bay

Project#: MR524.02
Amendment No. 2
FA# 920000000MR52402

Rev: 03.5.2026 1 Measure R Funding Agreement Amendment Highways – General

AMENDMENT No. 2 TO MEASURE R TRANSIT INVESTMENT FUNDING

AGREEMENT

BETWEEN CITY OF CARSON AND

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 2 to the Funding Agreement (this “Amendment”), is dated February 25, 2026, for reference purposes only, by and between the City of Carson ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. MR524.02 or 920000000MR52402, dated June 1, 2022, which was amended on May 5, 2025 (as amended, the "Existing FA"), which Existing FA provides for the Carson Circuit: Fashion Outlet Regional Transit Center, Project (the “Project”); and

B. WHEREAS, the LACMTA Board on September 25, 2025, approved the increase to Measure R Funds by $7,952,000, from $3,525,000 to $11,477,000 for Project Approval/Environmental Document (PAED), Plans, Specifications and Estimates (PS&E), Right-of-Way, and Construction. This amount is within the Board authorized budget increase for the Project;

C. WHEREAS, the Funds are currently programmed as follows: $56,339 in Measure M Funds in Fiscal Years (FY) 2022-23, $46,744 in FY 2024-25, $718,917 in FY 2025-26, $4,266,500 in FY 2026-27 and $6,388,500 in FY 2027-28. The total designed for PAED, PS&E Right-of-Way and Construction of the Carson Circuit: Fashion Outlet Regional Transit Center is $11,477,000; and

D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

FTIP #: LA9919119
Subregion ID: South Bay

Project#: MR524.02
Amendment No. 2
FA# 920000000MR52402

Rev: 03.5.2026 2 Measure R Funding Agreement Amendment Highways – General

AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part I, Paragraph 2.2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “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 $11,477,000 (the “Fund”) for the Project. LACMTA Board of Directors’ action of September 23, 2021 and September 25, 2025 granted the Measure R Funds for the Project. The Funds are programmed over five years for Fiscal Years (FY) 2022-23, FY 2024-25, FY 2025-26, FY 2026-27 and FY 2027-28.”

2. 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 2022-23 have been expended and no longer available. All Funds programmed for FY 2024-25 are subject to lapse by June 30, 2027. All Funds programmed for FY 2025-26 are subject to lapse by June 30, 2028.

All Funds programmed for FY 2026-27 are subject to lapse by June 30, 2029. All Funds programmed for FY 2027-28 are subject to lapse by June 30, 2030.”

3. Attachment A of the Existing FA is hereby replaced by Attachment A-1, attached.

4. Attachment B-1-1 of the Existing FA is hereby replaced by Attachment B-1-2, attached.

5. Attachment C of the Existing FA is hereby replaced by Attachment C-1, attached.

6. Attachment E-1 of the Existing FA is hereby replaced by Attachment E-2, attached.

7. 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.

FTIP #: N/A
Subregion ID: South Bay
Project#: MR524.02
Amendment No. 2
FA# 920000000MR52402
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways General
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 Carson
By: _______________________________________ Date: ____________________ Lula Davis-Holmes
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Sunny K. Soltani
City Attorney
ATTEST:

By: _______________________________________ Date: ____________________ Dr. Khaleah K. Bradshaw
City Clerk
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FTIP #: LA9919119
SOURCES OF FUNDS FY2021-22 FY2022-23 FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 Total Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE R FUNDS 56,339$ -$ 46,744$ 718,917$ 4,266,500$ 6,388,500$ 11,477,000$

LACMTA PROGRAMMED FUNDS BY
YEAR SUBTOTAL -$ 56,339$ -$ 46,744$ 718,917$ 4,266,500$ 6,388,500$ 11,477,000$ 100% OTHER SOURCES OF FUNDING:

LOCAL: -$ 0%
STATE: -$ 0%
FEDERAL: -$ 0%
PRIVATE OR OTHER: -$ 0% OTHER FUNDING SUBTOTAL -$ -$ -$ -$ -$ -$ -$ 0% TOTAL PROJECT FUNDS -$ 56,339$ -$ 46,744$ 718,917$ 4,266,500$ 6,388,500$ 11,477,000$ 100% ATTACHMENT A -1 PROJECT FUNDING
Measure R Transit Investment Program - Funding Agreement Projects - FA# 9200000000MR52402 Project Title: Carson Circuit: Fashion Outlet Regional Transit Center Project#: MR524.02

PROGRAMMED BUDGET - SOURCES OF FUNDS
Rev. 05.03.19 FA Measure R Transit Gen Attachment A-1 Project Funds SOURCES OF FUNDS FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $19,440 $7,560 $16,700 $12,639 $46,745 $103,083 Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total Measure M $0 $19,440 $7,560 $16,700 $12,639 $0 $46,745 $0 $103,083 SUM PROG LACMTA FUNDS: $0 $19,440 $7,560 $16,700 $12,639 $0 $46,745 $0 $103,083 OTHER NON LACMTA FUNDING:

LOCAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0 $0 $0 $0 $0 $0 $0 $0 $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDINGPROJECT FUNDING
FY2023-24 and FY2024-25 $0 $19,440 $7,560 $16,700 $12,639 $0 $46,745 $0 $103,083 ATTACHMENT B -1-2 EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Transit Investment Program - Funding Agreement Projects - FA# 9200000000MR52402 Project Title: Carson Circuit: Fashion Outlet Regional Transit Center Project#: MR524.02

PROGRAMMED SOURCES OF FUNDS

09.10.19 1 of 2
FA Measure R Hwys
Attachment B - 1-2 Expenditure Plan
ATTACHMENT B -1-2 EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Transit Investment Program - Funding Agreement Projects - FA# 9200000000MR52402 Project Title: Carson Circuit: Fashion Outlet Regional Transit Center Project#: MR524.02

PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUNDS FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
FY 2027-28
Qtr 1
FY 2027-28
Qtr 2
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $85,004 $250,000 $264,996 $600,000
Right-of-Way Acquisition $23,917 $50,000 $73,917
Construction $3,500,000 $5,000,000 $2,200,000 $10,700,000 Vehicle Purchase $0
Others; Construction Support $0
Total MEASURE M $0 $85,004 $250,000 $288,913 $50,000 $3,500,000 $5,000,000 $2,200,000 $11,373,917 SUM PROG LACMTA FUNDS: $0 $85,004 $250,000 $288,913 $50,000 $3,500,000 $5,000,000 $2,200,000 $11,373,917 OTHER NON LACMTA FUNDING:

LOCAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
STATE: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total STATE $0 $0 $0 $0 $0 $0 $0 $0 $0
FEDERAL: [INSERT SOURCE]
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total FEDERAL $0 $0 $0 $0 $0 $0 $0 $0 $0
PRIVATE: [INSERT SOURCE] $0
Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $0
Vehicle Purchase $0
Others $0
Total PRIVATE $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING PROJECT FUNDING
FY2025-26, FY2026-27 and FY2027-28 $0 $85,004 $250,000 $288,913 $50,000 $3,500,000 $5,000,000 $2,200,000 $11,373,917 TOTAL LACMTA FUNDS $0 $104,444 $257,560 $305,613 $62,639 $3,500,000 $5,046,745 $2,200,000 $11,477,000 TOTAL NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $0 $104,444 $257,560 $305,613 $62,639 $3,500,000 $5,046,745 $2,200,000 $11,477,000

09.10.19 2 of 2
FA Measure R Hwys
Attachment B - 1-2 Expenditure Plan
FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 1 FA Measure R Hwys Gen Attachment C-1 Scope of Work

ATTACHMENT C-1

SCOPE OF WORK
PROJECT TITLE: FASHION OUTLET REGIONAL TRANSIT CENTER
PROJECT LOCATION:

The project is located on the south side of Victoria Street just east of Tamcliff Avenue in front of Cal State University Dominguez Hills (CSUDH).

PROJECT LIMITS:

The proposed project is located along Victoria Street between Tamcliff Avenue and Birchknoll Drive, the major cross street is Central Avenue and Victoria Street.

NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:

Currently, Carson Circuit System is using the outer lane of Del Amo Blvd. east of Avalon St, as the terminal at which bus riders can access the Carson Circuit System or transfer between any of its routes, including transfer to Metro’s Transit for regional connection to reach destination. This project will eliminate the use of Del Amo Blvd east of Avalon, as the transit terminal for the Carson Circuit System and will resolve the congestion issue the city is experiencing especially during peak hours. The City wanted patrons to use buses more cost effectively, and at the same t ime, the City was looking for ways to make better use of existing lanes so commuters can yet to work or home faster and increase ridership.

PROJECT BACKGROUND:

For the past several years, the City of Carson has used Del Amo Boulevard, east of Avalon, as the transit terminal for the Carson Circuit system. The only transit amenities currently marking this site are benches and bus stop signs set within the street right-of-way, adjacent to an open parking lot. The completion of the Del Amo Bridge over the I-405 freeway, west of Avalon Boulevard, generates increased vehicular traffic along Del Amo Boulevard causing additional congestion and inconvenience to transit patrons and commuters accessing public transit.

In addition, the on- going major development of the 157- acre site within the City, will eventually need the services of transit to serve the Carson Circuit System patrons and mall shoppers. The new development includes the following uses: neighborhood commercial, regional commercial, commercial recreation/entertainment, restaurants, a hotel and residential. This development will be one of the largest shopping centers in Los Angeles County which consists of the construction of a major outlet mall with over 500,000 sf of designer brand stores, and more than 70,000 sf of sit-down and quick-serve restaurants, plus other entertainment venues, up to 1,550 residential units and a 300-room hotel.

Based on the traffic impact report prepared for this development, the development will generate a significant number of additional vehicles and shoppers to the existing volume in the area. The anticipated increase in number will definitely impact the traffic flow on local streets and the surrounding freeways. The San Diego Freeway (I -405), Harbor Freeway (I -110), Artesia Freeway (SR -91) and Long Beach Freeway (I -710) provide regional access to the project area. With the huge number of vehicles passing this site each day, people living within the project vicinity, and million s of people residing within t he neighboring cities, this development in the City will meld residential, retail, entertainment and hospitality uses for a growing population to live, work and play in the hub of the South Bay.

The California State University Dominguez Hills (CSUDH) also contributes the demand for the Transit services given the number of thousands of students attending classes daily in the University. California State University, Dominguez Hills is a highly diver se, metropolitan university primarily serving the South Bay area of Los Angeles County established in 1960. The University has a population of 15,530 students of different ethnicity from Hispanic/Latino, Black/African- American, Asian, White, Native Hawaiian/Other Pacific Islander, Alaska Native/Native American. Strategically located in Carson, CSUDH was designed to FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 2 FA Measure R Hwys Gen Attachment C-1 Scope of Work

bring educational opportunities to underserved communities in South Los Angeles. CSUDH sustains its commitment to social, environmental, and educational justice by providing a high- quality education that leads to personal and professional success, economic and social mobility, and mutually beneficial and reciprocal relationships with the surrounding communities and the local K -12 and community college systems.

The CSUDH also partner with Dignity Health Sports Park. Dignity Health Sports Park is situated on 125 acres of the CSUDH campus and features state-of-the art stadiums and facilities for soccer, tennis, track & field, cycling, lacrosse, rugby, volleyball, baseball, softball, basketball and other sports. Designated as an "Official U.S. Olympic Training Site," Dignity Health Sports Park is the nation's most complete training facility for Olympic, amateur, and professional athletes. The complex includes a 27,000- seat soccer stadium, 8,000-seat tennis stadium, 10,000- seat track & field facility, and 2,450- seat indoor velodrome. Dignity Health Sports Park is currently serving as the temporary home of the San Diego State University Aztecs football team until their new stadium is completed. In addition, the site is the U.S. Soccer Federation's national team training headquarters and the location of the United States Tennis Association's (USTA) USA High Performance National Training Center. They are also designated as an official training site for USA Cycling and USA Track & Field. Tens of thousands of spectators attend events at Dignity Health Sports Park and are exposed to the university as a result.

CSUDH actively build strategic partnerships with the City in order to facilitate student success and healthy communities. They are committed to transparency, inclusion, joint decision making, and collaborative approaches in their daily operations and long- term planning. The proposed Transit Center around the CSUDH would be a more effective facility and will better serve the purpose of serving both the students in the University and the patrons for the development at the 157 acres site in Carson. The Transit Center will be mutually beneficial to Metro, Long Beach Transit, Carson Circuit, and Torrance Transit as they all run through Victoria St. The purpose of the Fashion Outlet Regional Transit Center project is to provide a modern facility at which bus rider s can access the Carson Circuit system or transfer between any of its routes. Regional connections to the Carson Circuit’s Blue Line feeder routes (Route D & G) and Metro Lines #205 and #446-447 will also be able to be made at the new Regional Transit Center. Further, Metro Transit’s patrons will also be able to access all points served by the Carson Circuit by transferring at the Regional Transit Center. All of the Carson Circuit’s eight fixed routes, providing for approximately 616,000 annual passengers trips, will provide service to the Regional Transit Center. The new Regional Transit Center will greatly enhance passenger comfort, security, and access to bus service information.

With the new Regional Transit Center, an increased number of transit patrons would likely use the Carson Circuit to connect to the Blue Line, Artesia Transit Center, or Metro buses to travel anywhere within the Los Angeles area. The new Regional Transit Center will also be fully ADA compliant, thereby enhancing the accessibility of the Carson Circuit system. One of the primary target groups to be served by the Regional Transit Center are transit -dependent, commut ers, and shoppers coming to the Fashion Outlet of Los Angeles (FOLA). Given the continuing economic growth within the City, making the regional connection between local streets and the surrounding freeways, is critically important and the ability of the City to make that connection without delay is extremely necessary.

PROJECT BUDGET:

COMPONENT AMOUNT
PA/ED $ 103,083.00
PS and E $ 600,000.00
R/W Support $ 73,917.00
Traffic Signal Con / Mod $1,500,000.00
Construction Support $1,200,000.00
Construction Capital $8,000,000.00
Total Budget $11,477,000.00
FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 3 FA Measure R Hwys Gen Attachment C-1 Scope of Work

SCOPE:

The Fashion Outlet Regional Transit Center project include, but are not limited to, the following improvements:

• A central covered island waiting area that provides shelter from sun and rain and is well lighted and safe.

• Eight bus bays along Victoria Street (Service Road) with each Carson Circuit or MTA route having its own clearly marked bay.

• A specially constructed concrete bus pad underneath all bus driving and parking areas.

• A special “information wall” where passengers can obtain transit information on the Carson Circuit and the MTA system.

• A scrolling real-time passenger information display.

• Appropriate security surveillance cameras.

• A small building housing a route supervisor’s office and drivers’ restrooms.

• Concrete removals such as sidewalk , curb and gutter, including asphalt pavement will also be included as part of the project. In addition, access ramp will be constructed to ensure compliance with ADA requirements.

DESIGN:

I – PRELIMINARY DESIGN:

A. Account for field visits of the project area to identify design issues. Record existing site conditions in photographs and/or video.

B. Read, review and understand all aspects and goals of the Lead Agency’s General Plan Circulation Element and other plans.

C. Incorporate provided layout plans to be incorporated into the final design.

D. 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.

E. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.

F. Conduct geotechnical investigations of Victoria Street Service Road fronting the CSUDH .

G. Identify right-of-way acquisitions, and/or vacations to provide for the area needed for the Transit Center site, which shall incorporate development build outs and preservation of existing improvements and scenic character of the area.

H. Identify street pavement structural sections for project area.

FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 4 FA Measure R Hwys Gen Attachment C-1 Scope of Work

I. Identify all drainage/BMP 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.

J. Prepare and submit a Report identifying the ultimate alignment of roadway improvements.

K. The Consultant 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.

L. Prepare and submit an Engineer’s construction cost estimate for all recommended improvements identified in the Report.

II. 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 (IS/MND).

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.

E. Prepare responses to public review of Draft and prepare a Final MND and submit for review to the City.

F. Coordinate with the City and prepare permit applications/notifications for the Project as applicable.

III. Final Design – Plans, Specifications and Estimates

Tasks to be performed include, but are not limited to, the following:

A. Design the ultimate build out of Fashion Way and the Regional Transit Center, based on the City reviewed “Summary Letter Report”.

B. Prepare civil and architectural 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, and MEP.

C. Submittal of plan set shall be delivered at 50% and 90% complete and final (five (5) sets per submittal). When project is complete, the Consultant shall provide AutoCAD files for all plan sheets.

D. Assist the City for the Community Information Workshop after the 90% submittal by preparing exhibits and attending workshop and be prepared to discuss concerns bus patrons of the property owners, particularly with issues of right-of-way acquisition.

E. Prepare construction plans and specifications consistent with City format (SSPWC “Greenbook” APWA, current edition with updates.

F. Submittal of specifications shall be delivered to the City at 90% complete and final.

When project is complete, the Consultant shall provide a digital file of specification package in Microsoft Word format for Windows.

G. Prepare an Architect’s construction cost estimate based on the itemized quantity take- off from the contract documents.

FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 5 FA Measure R Hwys Gen Attachment C-1 Scope of Work

H. Submittal of the architect’s construction cost estimate shall be delivered to the City at 90% 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. Coordinate and discuss the project’s scope of work with various utility companies.

B. Solicit proposals for a Construction Management firm.

C. Evaluate proposals from Construction Management firms.

D. Select and Award contract to Construction Management.

E. Advertise project Plans & Specifications for bidding F. Evaluate bids and select contractor.

G. Award contract to contractor for construction of project H. Coordinate construction Kick-off meeting
I. Issue Notice to Proceed to contractor
J. Provide quarterly updates to MTA.

K. Meet as needed with the City to accomplish Project tasks as outlined.

L. Presentation of “Summary Letter Report”, progress meetings.

M. 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.

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.

FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 6 FA Measure R Hwys Gen Attachment C-1 Scope of Work

CONSTRUCTION:

Grantee expects to provide construction oversight, procure a consultant for construction management, award a contract for construction and to perform the following tasks:

A. Construction Management team to conduct a Kick-Off Meeting B. Establish a weekly or bi-weekly construction update meetings C. Provide Inspection, Material Testing and Outreach
D. Correspond and coordinate with Utility companies
E. Review and respond to all Request for Information (RFIs) F. Prepare monthly pay progress
G. Assess any Request for Change Orders (RCOs)
H. Update construction Schedule
I. Provide responses to RFIs.

MILESTONES: The implementation schedule for this project will be as follows. [ Please include all applicable milestones and provide any additional specific activities that are not listed, under “other.”]

ORIGINAL DATES REVISED DATES
START
DATE

COMPLETION
DATE
START
DATE

COMPLETION
DATE
SOLICITATION (BID/PROPOSAL) August 1,
2023
November 30,
2023
April 1,
2023
October 11,
2023
Develop Solicitation Package August 1,
2023
August 15, 2023 April 1,
2023
April 26, 2023
Solicitation Response August 16,
2023
August 30, 2023 April 27,
2023
June 30, 2023
Evaluations September
1, 2023
September 15,
2023
July 1, 2023 August 30,
2023
Selection September
16, 2023
September 30,
2023
September
1, 2023
September 30,
2023
Contract Award October 16,
2023
October 30, 2023 October 11,
2023
October 11,
2023
Fully Executed Contract November
1, 2023
November 30,
2023
October 11,
2023
October 11,
2023
PLANNING December
1, 2023
March 30, 2024 October 11,
2023
February 5,
2024
Prepare Concept Report December
1, 2023
December 30,
2024
October 11,
2023
November 2,
2023
Prepare Feasibility Study January 1,
2024
January 30, 2024 October 11,
2023
November 2,
2023
Prepare Project Study Report February 1,
2024
February 15, 2024 October 11,
2023
November 2,
2023
Feasibility Study March 1,
2024
March 15, 2024 October 11,
2023
November 2,
2023
Concept Exploration March 16,
2024
March 30, 2024 November
3, 2023
February 5,
2024
PRELIMINARY DESIGN April 1,
2024
June 30, 2024 March 1,
2024
March 12,
2025
Prepare Detailed Design Plans April 1,
2024
April 15, 2024 March 1,
2024
March 12,
2025
Prepare Detailed Construction
Plans
April 16,
2024
May 15, 2024 March 1,
2024
March 12,
2025
FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 7 FA Measure R Hwys Gen Attachment C-1 Scope of Work

Prepare Project Cost Estimate May 16,
2024
May 30, 2024 March 1,
2024
July 23, 2024
High Level Design June 1,
2024
June 30, 2024 March 1,
2024
March 12,
2025
PA&ED July 1, 2024 August 15, 2024 April 1,
2025
September 30,
2025
Prepare Environmental Document
Document Type :_________
July 1, 2024 July 8, 2024 April 1,
2025
April 30, 2025
Scoping July 9, 2024 July 16, 2024 April 1,
2025
April 30, 2025
Technical Studies July 9, 2024 July 16, 2024 April 1,
2025
April 30, 2025
Draft Environmental Document July 17,
2024
July 23, 2024 April 1,
2025
April 30, 2025
Final Environmental Document July 24,
2024
July 30, 2024 May 1, 2025 September 30,
2025
Community Outreach August 1,
2024
August 3, 2024 May 1, 2025 September 30,
2025
Secure Project Approval August 4,
2024
August 10, 2024 May 1, 2025 September 30,
2025
Categorical Exemption Filing August 11,
2024
August 15, 2024 May 1, 2025 September 30,
2025
PS&E August 16,
2024
November 30,
2024
May 1, 2025 June 30, 2026
35% PS&E August 16,
2024
September 16,
2024
May 1, 2025 September 30,
2025
Preliminary Investigations September
17, 2024
September 30,
2024
May 1, 2025 September 30,
2025
Geometric Drawings October 1,
2024
October 15, 2024 May 1, 2025 September 30,
2025
Utilities October 16,
2024
October 30, 2024 January 1,
2026
June 30, 2026
Right-of-Way October 16,
2024
October 30, 2024 January 1,
2026
June 30, 2026
Estimating October 16,
2024
October 30, 2024 January 1,
2026
June 30, 2026
Civil Design November
1, 2024
November 30,
2024
January 1,
2026
June 30, 2026
Structural Design November
1, 2024
November 30,
2024
January 1,
2026
June 30, 2026
FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 8 FA Measure R Hwys Gen Attachment C-1 Scope of Work

CONSTRUCTION MILESTONES: The implementation schedule for this project will be as follows. Please include all applicable milestones and provide any additional specific activities that are not currently listed under “other.”

ORIGINAL DATES REVISED DATES
START
DATE

COMPLETION
DATE
START
DATE

COMPLETION
DATE
SOLICITATION (BID/PROPOSAL) December
1, 2024
March 30, 2025 July 1,
2026
December 31,
2026
Develop Solicitation Package December
1, 2024
December 15,
2024
July 1, 2026 August 31,
2026
Solicitation Response December
16, 2024
December 30,
2024
September
1, 2026
October 30,
2026
Evaluations January 1,
2025
January 15, 2025 November
1, 2026
November 15,
2026
Contract Award February 1,
2025
February 28, 2025 December
1, 2026
December 15,
2026
Fully Executed Contract March 1,
2025
March 30, 2025 December
16, 2026
December 31,
2026
EXCAVATION April 1,
2025
April 30, 2025 January 1,
2027
January 31,
2027
Clear/Grub March 1,
2025
March 8, 2025 January 1,
2027
January 31,
2027
Survey March 9,
2025
March 12, 2025 January 1,
2027
January 31,
2027
Sample Borings March 9,
2025
March 12, 2025 January 1,
2027
January 31,
2027
Grading March 13,
2025
March 20, 2025 January 1,
2027
January 31,
2027
Compaction March 21,
2025
March 24, 2025 January 1,
2027
January 31,
2027
Drainage March 26,
2025
March 30, 2025 January 1,
2027
January 31,
2027
ENVIRONMENTAL May 1,
2025
May 30, 2025 February 1,
2027
February 28,
2027
Hazardous Materials Handling April 1,
2025
April 7, 2025 February 1,
2027
February 28,
2027
Archaeological April 8,
2025
April 15, 2025 February 1,
2027
February 28,
2027
Air Quality Monitoring April 1,
2025
April 30, 2025 February 1,
2027
February 28,
2027
CONCRETE June 1,
2025
June 15, 2025 March 1,
2027
June 30, 2027
Form Work March 1,
2027
June 30, 2027
Rebar Placement March 1,
2027
June 30, 2027
Pole Placement March 1,
2027
June 30, 2027
TRAFFIC CONTROL April 1,
2025
March 1,
2027
June 30, 2027
TMP March 1,
2027
June 30, 2027
STRUCTURAL June 16,
2025
June 30, 2025 March 1,
2027
June 30, 2027
FTIP #: LA9919119
Subregion ID: South Bay
Project#: MR524.02
FA# 9200000000MR52402
Rev: 05-12-2023 9 FA Measure R Hwys Gen Attachment C-1 Scope of Work

False Work March 1,
2027
June 30, 2027
Iron Work March 1,
2027
June 30, 2027
Pole Placement March 1,
2027
June 30, 2027
UTILITIES July 1, 2025 July 30, 2025 March 1,
2027
June 30, 2027
DWP March 1,
2027
June 30, 2027
SCE March 1,
2027
June 30, 2027
LADOT March 1,
2027
June 30, 2027
MATERIALS April 1,
2025
July 30, 2025 March 1,
2027
June 30, 2027
Long-Lead Equipment March 1,
2027
June 30, 2027
Staging March 1,
2027
June 30, 2027
Material Lay Down Area March 1,
2027
June 30, 2027
Signage March 1,
2027
June 30, 2027
ELECTRICAL August 1,
2025
August 30, 2025 March 1,
2027
June 30, 2027
Power U/G Communication March 1,
2027
June 30, 2027
A/G Testing/Acceptance March 1,
2027
June 30, 2027
LANDSCAPE September
1, 2025
October 30, 2025 June 1,
2027
June 30, 2027
Clearing June 1,
2027
June 30, 2027
Planting September
1, 2025
September 15,
2025
June 1,
2027
June 30, 2027
Plant Establishment September
16, 2025
September 30,
2025
June 1,
2027
June 30, 2027
Irrigation September
16, 2025
September 23,
2025
June 1,
2027
June 30, 2027
Testing September
24, 2025
September 30,
2025
June 1,
2027
June 30, 2027
General Construction / Close Out
Project
October 1,
2025
October 30, 2025 June 1,
2027
June 30, 2027

CHANGE ORDERS
P.O. Processing Time
Weather
Third Party Issues
Strike Labor Walk Outs
Force Majeure
Claims
Los Angeles Metropolitan Transportation Authority
2025 Federal Transportation Improvement Program ($000)
LA9919119TIP ID Implementing Agency Carson, City of
SCAG RTP Project #: 7120002
Conformity Category: TCM
Project Description: Project includes eight bus bays with concrete bus pad underneath all bus driving and parking areas. An information wall where passengers can obtain real-time transit information. Approximately 10 CCTV security surveillance cameras. Approximately 15 parking spaces. A small building for an office and driver restrooms. The proposed work zone is within a landfill area and mitigation will be required as part of the project. Project location: Latitude, Longitude: 33.845099, -118.278363.

Study:N/A Is Model: Model #:

PM: Gilbert Marquez - (310)952-1700
LS: N LS GROUP#:

PPNO:EA #:

Program Code: TRNH6 - PASSENGER STATIONS/FACILITIES-NEW Stop Loc: 0 Air Basin: SCAB Envir Doc: INITIAL STUDY/NEGATIVE
DECLARATION -- CEQA - 05/31/2023
Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region: South Bay Cities
COG
CTIPS ID:

Trans Fee:0.00Fare:0.00 Prk Ride Loc:Transit Mode: BusTransit Rt: 0 Headway Peak: 0 Headway OP: 0 Stop Time :0.00 Parking $: 0.00 Stop Dist:

System :Transit Completion Date 12/31/2035Phase: Engineering/Plans, Specifications and Estimates (PS&E)Postmile: Route :

PRIOR PROG TOTAL BEYONDPHASE 29/3028/2927/2826/2725/2624/25 $0 $600 $59 $44 $703 PEMR20H - Measure R 20% Highway
CON
RW
SUBTOTAL $11,477 $10,700 $674 $59 $44
$10,700 $10,700 $0 $0 $0
$74 $0 $74 $0 $0
$44 $59 $674 $10,700 TOTAL
TOTAL PE: $703 TOTAL RW: $74 TOTAL CON: $10,700
$11,477
TOTAL PROGRAMMED: $11,477
- General Comment:
- Modeling Comment: This schedule was pushed back to accommodate feedback from the university and for execution of an agreement to perform site work on their property, which was required to complete surveying involved in PA&ED phase. Funding was increased based on conceptual design and estimate. - TCM Comment:
- Amendment Comment:
- CMP Comment:
- Narrative:

Change reason:MINOR CHANGE Total Project CostLast Revised Amendment 25-27 - In Progress $11,477 1Page Tuesday, March 3, 2026
ATTACHMENT E-2 FTIP SHEET
RESOLUTION NO. 26-029

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, APPROVING AMENDMENT NO. 2

TO MEASURE R TRANSIT INVESTMENT FUNDING
AGREEMENT NO. 920000000MR52402 FOR PROJECT NO.
1780: VICTORIA TRANSIT CENTER PROJECT, LACMT A
PROJECT ID#MR524.02 AND FTIP# LA 9919119

WHEREAS, Los Angeles County Metropolitan Transportation Authority ( “L A C MTA”) entered into the Measure R Funding Agreement dated June 1, 2022, which was amended on May 5, 2025 (“Measure R Funding Agreement”), programming Measure R Funds to the City of Carson (“City”) for Project No. 1780: Victoria Transit Center project, LACMTA Project ID# MR524.02 and FTIP# LA 9919119 (“Project”); and

WHEREAS, Amendment No. 1 to the Measure R Funding Agreement extended the lapsing date of FY 2021-22 and FY 2022-23 funds to June 30, 2027; and

WHEREAS, on September 25, 2025, the LACMTA Board approved increase to the Measure R funds by $7,952,000 from $ 3,525,000 to $ 11,477,000 for Project Approval/Environmental Document (PAED), Plans, Specifications and Estimates (PS&E), Right of Way and Construction; and

WHEREAS, approval of Amendment No. 2 to the Measure R Funding Agreement for the Project will permit the increase of FY 2025-26, FY 2026-27 and FY 2027-28 funds by a total of $7,952,000.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY FIND, DETERMINE, AND RESOL VE AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Approval of Amendment No. 2 to Measure R Funding Agreement. The City Council hereby approves Amendment No. 2 to the Measure R Funding Agreement for the Project, a copy of which is attached hereto as Exhibit “A ” and incorporated herein by this reference and authorizes the Mayor to execute the same.

Section 3. Further Acts. The City Manager, Director of Public Works and City Clerk are hereby authorized and directed to execute such other documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

Section 4 . Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 6 . Effective Date. This Resolution shall be effective immediately upon its adoption.

[REMAINDER OF P AGE INTENTIONALL Y LEFT BLANK]

P ASSED, APPROVED, and ADOPTED this 20th day of May 2026.

____________________________
Lula Davis-Holmes, Mayor

ATTEST:

_______________________________
Dr. Khaleah K. Bradshaw, City Clerk

APPROVED AS TO FORM:

_______________________________
Sunny K. Soltani, City Attorney

EXHIBIT “A”

Amendment No. 2 to Measure R Funding Agreement
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Wednesday, May 20, 2026, 5:00 PM
CONSENT 34. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER A FINDING OF CATEGORICAL EXEMPTION FOR PROJECT NO. 1534 ACTIVETRANSPORTATION PROGRAM – SANTA FE BIKE LANE (CITYWIDE COMMUNITY SAFETY IMPROVEMENTS),PURSUANT TO SECTION 15301 AND 15304 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACTGUIDELINES AND FILING A “NOTICE OF EXEMPTION” WITH THE OFFICE OF THE LOS ANGELES COUNTYCLERK (CITY COUNCIL) I. SUMMARY
Project No. 1534: Active Transportation Program - Santa Fe Bike Lane (Citywide Community Safety Improvements) is included in the City’s Capital Improvement Program (CIP) and is currently scheduled to begin the engineering and design phase during Fiscal Year 2026-2027. Funding for the project will be provided through the State of California’s Active Transportation Program (ATP), which supports projects that improve bicycle, pedestrian, and overall transportation safety. The project is intended to improve safety and accessibility for bicyclists and pedestrians throughout the community. Proposed improvements include installation of new bicycle lanes along Santa Fe Avenue between Del Amo Boulevard and Warnock Way, as well as pedestrian safety improvements at various schools throughout the City. These improvements include high-visibility crosswalks, pedestrian countdown signals that display the remaining crossing time to pedestrians, and upgraded curb ramps designed to improve accessibility for persons with disabilities.

Consequently, staff is requesting that the City Council determine that the project qualifies for a categorical exemption under the California Environmental Quality Act (CEQA) and authorize staff to file a Notice of Exemption (Exhibit No. 1) to formally document the City’s compliance with CEQA requirements. Approval of this action will confirm that no additional environmental review is required before the project proceeds into the next phase of engineering and design.

II. RECOMMENDATION
TAKE the following actions:

1. MAKE a finding that Project No. 1534: Active Transportation Program - Santa Fe Bike Lane (Citywide Community Safety Improvements) is exempt from environmental review as a categorical exemption pursuant to Section 15301(c) and Section 15304(h) of the California Environmental Quality Act guidelines; and,

2. AUTHORIZE staff to file a “Notice of Exemption” with the office of the Los Angeles County Clerk for Project No. 1534: Active Transportation Program - Santa Fe Bike Lane (Citywide Community Safety Improvements).

III. ALTERNATIVES

1. DO NOT APPROVE the above recommendations. However, staff will not be able to proceed with the engineering and construction of the project.

2. TAKE another action the City Council deems appropriate consistent with the requirements of the law.

IV. BACKGROUND
Project No. 1534: Active Transportation Program - Santa Fe Bike Lane (Citywide Community Safety Improvements) is included in the City’s Capital Improvement Program (CIP). The project is intended to improve bicycle and pedestrian safety throughout the community and is currently estimated to cost approximately $3,451,000.

Engineering and design activities for the project are scheduled to begin during Fiscal Year 2026-2027. Funding for the project will be provided through the State of California’s Active Transportation Program (ATP), which provides grant funding for projects that improve walking, bicycling, and other non-motorized transportation options. The proposed project includes installation of new bicycle lanes along Santa Fe Avenue between Del Amo Boulevard and Warnock Way. In addition, the project will include pedestrian safety improvements at various schools throughout the City, including installation of high-visibility crosswalks, pedestrian countdown signals, and upgraded curb ramps that improve accessibility for persons with disabilities and help bring intersections into compliance with current accessibility standards.

On May 22, 2024, the City Council adopted Resolution No. 24-0241 approving Program Supplement No. A523 for the Project Approval and Environmental Document (PAED) phase of the project. The PAED phase includes the preparation and review of environmental documentation required under the California Environmental Quality Act (CEQA), which is the State law that evaluates whether a project may have impacts on the environment. After review of the proposed improvements, staff determined that the project qualifies for a “Categorical Exemption” under CEQA Guidelines Sections 15301(c) and 15304(h). A categorical exemption is a classification under CEQA for projects that are determined not to have a significant effect on the environment and therefore do not require preparation of a more extensive environmental study.

The project qualifies under CEQA Section 15301(c), known as a Class 1 exemption, because the pedestrian improvements involve only minor alterations to existing streets and sidewalks and do not add new vehicle travel lanes. The project also qualifies under CEQA Section 15304(h), known as a Class 4 exemption, because the new bicycle lane improvements will be constructed entirely within the existing public street right-of-way and do not involve major grading or expansion of roadway areas. Before the California Transportation Commission can allocate funding for the next phase of the project, known as the Plans, Specifications, and Estimate (PS&E) phase, the City must formally document environmental clearance under CEQA. The PS&E phase includes preparation of detailed engineering plans, technical specifications, and construction cost estimates necessary to move the project toward construction.

Consequently, staff is requesting that the City Council determine that the project is categorically exempt from further environmental review under CEQA, authorize staff to file a Notice of Exemption as required by CEQA, and allow the project to proceed into the next phase of engineering and design without additional environmental review.

V. FISCAL IMPACT
No funding approval is being requested as part of this staff report. At this time, staff is only requesting that the City Council make a finding that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) and authorize the filing of a Notice of Exemption to formally document the City’s compliance with CEQA requirements. The estimated total cost of the project is approximately $3,451,000.

Funding for the project is anticipated to be provided through the State of California’s Active Transportation Program (ATP), which is an existing and previously identified grant funding source for the project.

VI. EXHIBITS

1. Notice of Exemption
Attachments
Exhibit 1 - Notice of Exemption
Form adapted from Appendix E of the CEQA Guidelines August 2024 Notice of Exemption
To: County Clerk
County of Los Angeles
12400 E. Imperial Highway
Norwalk, CA 90650
From: City of Carson
701 E. Carson St
Carson, CA 90745
Project Title: 1534-Active Transportation Program - Santa Fe Bike Lane (Citywide Community Safety Improvements) (ATPL-5403(032))
Project Applicant: City of Carson
Project Location - Specific: Santa Fe Avenue, Del Amo Boulevard to Warnock Way, and various schools
Project Location - City: Carson Project Location - County: Los Angeles Description of Nature, Purpose, and Beneficiaries of Project:

Creating Class II bicycle lanes, on existing right-of-way, on Sante Fe Avenue between Del Amo Boulevard and Warnock Way while maintaining existing vehicle travel lanes and minor alterations of existing streets around schools throughout the City to install high visibility crosswalks, countdown pedestrian signals, and accessible curb ramps.

Name of Public Agency Approving Project: City of Carson Name of Person or Agency Carrying Out Project: City of Carson Exempt Status (check one):
☐ Ministerial (Sec. 21080(b)(1); 15268);
☐ Declared Emergency (Sec. 21080(b)(3); 15269(a));
☐ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
☒ Categorical Exemption. State type and section number:

Class 1-15301(c), Class 4-15304(h)
☐ Statutory Exemptions. State code number:

Reasons why project is exempt:

The project meets the criteria of Class 1, pursuant to CEQA Guidelines Section 15301(c), because the pedestrian improvements are a minor alteration of existing streets that do not create additional automobile lanes. In addition, the project meets the criteria of Class 4, pursuant to Section 15304(h), because the installation of new bicycle lanes is within existing rights-of-way. The CEQA Guidelines state these classes do not Form adapted from Appendix E of the CEQA Guidelines August 2024 have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents.

Lead Agency Contact Person: Jonathan Yee Phone number: 310-952-1700 [email protected]

If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? ☒ Yes ☐ No
Signature: __________________ Date: 04/01/26 Title: Traffic Engineer ☒ Signed by Lead Agency ☐ Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

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