South El Monte City Council
February 8, 2022

Gloria Olmos, Mayor
Manuel Acosta, Mayor Pro Tem
Richard Angel, Councilmember
Hector Delgado, Councilmember
Gracie Retamoza, Councilmember
Rachel Barbosa, City Manager
Donna G. Schwartz, City Clerk
Anthony R. Taylor, City Attorney

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AGENDA
February 8, 2022, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
(Via Zoom Webinar Only; Due to Covid-19 Pandemic and AB 361, City Council Chambers is Temporarily Closed to the Public)
***SPECIAL NOTICE REGARDING COVID-19***
On September 16, 2021, Governor Newsom signed AB 361, which modified the Brown Act to allow for teleconferencing participation at local legislative body public meetings during a proclaimed state of emergency. Pursuant to Government Code Section 54953(e) as amended by AB 361, City Council is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically available to all members of the public seeking to observe and to address the local legislative body. Public participation will be allowed via the information below.

TO VIEW LIVE MEETING, USE ZOOM LINK BELOW
Join Zoom Meeting (View and/or Participate ONLY during PUBLIC COMMENT) Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or Call In: 1 669 900 6833, when prompted, enter 86581711880# Each speaker will be limited to five minutes. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2.(3), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 579-6540 ext. 3280 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.

MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.

POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).

Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.

VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.

ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:

Donna G. Schwartz, CMC, City Clerk
Ph (626) 579-6540 ext. 3280
Cell (626) 274-4842
Paola Lara, Deputy City Clerk
Ph (626) 579-6540 ext. 3220
Cell (626) 374-1998

AGENDA BEGINS ON THE FOLLOWING PAGE

1. ROLL CALL
Councilmembers: Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos

2. PLEDGE OF ALLEGIANCE
Mayor Gloria Olmos

3. INVOCATION
Pastor Charlie Corum, South El Monte Community Outreach

4. PRESENTATIONS - None

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.

6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker may speak up to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. With respect to non-public hearing items, speakers shall provide their comments at this time. During public hearing, speakers are encouraged to speak at the time the public hearing item is presented. Any documents for review should be presented to the City Clerk for distribution.

7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES FOR JANUARY 25, 2022

Staff is requesting approval of Minutes for the January 25, 2022 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of January 25, 2022.

CONSENT CALENDAR (CONTINUED)

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-08, APPROVING WARRANTS FOR THE PERIOD OF JANUARY 26, 2022,
THROUGH FEBRUARY 8, 2022

Authorizing payment of City expenditures for the period of January 26, 2022 through February 8, 2022 totaling $571,088.34
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-08, authorizing payment of City expenditures.

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-10,

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR
CALRECYCLE’S SB 1383 LOCAL ASSISTANCE GRANT PROGRAM

On January 4, 2022, the Department of Resources Recycling and Recovery (CalRecycle) published a Notice of Funding Availability for the SB 1383 Local Assistance Grant Program (“Grant Program”). This noncompetitive grant program will provide one-time funding to eligible local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. The City Council must adopt a resolution ratifying the City’s submission of an application for the Grant Program, and if awarded, authorization for the City Manager to execute the grant agreement, and take all steps necessary to implement the grant.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-10, ratifying the City’s submittal of the Grant Program application, and if awarded, authorization for the City Manager to execute the grant agreement, and take all steps necessary to implement the grant.

7.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-11,

PROCLAIMING A LOCAL EMERGENCY PERSISTS AND

AUTHORIZING THE USE OF REMOTE TELECONFERENCE MEETING

PROCEDURES BY THE CITY'S LEGISLATIVE BODIES AS
AUTHORIZED BY GOVERNMENT CODE SECTION 54953(E) ET SEQ.

FOR THE PERIOD OF FEBRUARY 8, 2022 THROUGH MARCH 9, 2022

On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021. Pursuant to AB 361, staff recommends consideration of Resolution No. 22-11 proclaiming a local emergency persists and authorizing the use of remote meeting procedures by the City’s legislative bodies, which can include meetings held via a virtual platform (e.g Zoom), for the period of February 8, 2022 through March 9, 2022.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-11, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s legislative bodies, such as utilizing a virtual platform (e.g. Zoom) for the period of February 8, 2022 through March 9, 2022.

CONSENT CALENDAR (CONTINUED)

7.e. ADOPTION OF ORDINANCE NO. 1255, AMENDING THE ZONING DESIGNATION FOR PROPERTIES LOCATED AT 2727 ROSEMEAD
BOULEVARD, 9340-9352 MABEL AVENUE, AND APNS 5281-002-009 AND 5281-002-011

At a regular City Council meeting on Tuesday, January 25, 2022, City Council waived first reading and introduced Ordinance No. 1255, amending the zoning designation for properties located at 2727 Rosemead Boulevard, 9340-9352 Mabel Avenue, and APNs 5281-002-009 and 5281- 002-011.

RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1255.

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS

9.a. CONSIDERATION AND APPROVAL OF CONVERTING EXISTING

TENNIS COURT TO A MULTIUSE COURT THAT CAN BE USED FOR

TENNIS AND PICKLEBALL

The Community Services Department established a need based on community demand, to add pickleball courts to the existing tennis court located at the Community Center.

RECOMMENDED ACTION: Staff recommends City Council consider the approval of converting the existing tennis court to a multiuse court that can be used for tennis and pickleball.

9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-12,

AUTHORIZING THE JOINT APPLICATION FOR RECEIPT OF AND

IMPLEMENTATION OF THE STATE OF CALIFORNIA DEPARTMENT

OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) HOMEKEY
ROUND 2 GRANT PROGRAM

The Back Home Initiative (BHI) is a concept born out of our Mid-Valley Collaborative Homeless Team between the cities of South El Monte, El Monte and Baldwin Park. The State Homekey Round 2 grant would fund the BHI program up to 150 ADUs within the three cities. There is no local agency match required for this grant.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-12, approving the joint application with El Monte and Baldwin Park for the State Homekey Round 2 grant to fund the building and maintenance of 150 ADUs.

GENERAL BUSINESS (CONTINUED)

9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-13,

AWARDING A PROFESSIONAL SERVICES AGREEMENT (PSA) TO

KOA CORPORATION TO PREPARE THE RUSH STREET CORRIDOR

ENHANCEMENT PLAN

The Rush Street Corridor Enhancement Plan will study and conceptualize the City of South El Monte’s Rush Street, as a redesigned multi-modal corridor that engages the surrounding neighborhoods to participate in active modes of transportation. The resulting plan will help the City create a safe multi-modal corridor that will better connect residents and businesses throughout the City.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-13, awarding a professional services agreement in the amount of $107,861.80, to KOA Corporation to provide survey of existing conditions, project design and preparation of the Rush Street Corridor Enhancement Plan.

9.d. CONSIDERATION AND APPROVAL FOR AUTHORIZATION TO

ADVERTISE NOTICE INVITING BIDS (NIB) FOR THE MERCED

AVENUE GREENWAY IMPROVEMENTS PROJECT

The Merced Avenue Greenway Project in the City of South El Monte is a multi-benefit green street project which includes decentralized Low Impact Development (LID) and Best Management Practices (BMPs) within the street right-of-way that slow, capture, treat, and infiltrate storm water runoff. Plans, specifications and estimates (referred to as the construction bid package or as the PS&E package) are prepared, and the project is ready to be advertised for construction bids.

RECOMMENDED ACTION: Staff recommends City Council authorize advertising the Notice Inviting Bids (NIB) for the Merced Avenue Greenway Improvements Project.

9.e. PRESENTATION ON ANALYSIS OF REFINANCING THE CALPERS

UNFUNDED PENSION LIABILITY

The City's Financial Advisor, Kosmont Transaction Services, developed an analysis that shows the City can achieve $1.5 million in cash flow savings.

This is based upon financing the existing CalPERS unfunded pension liability with debt. The proceeds collected from the debt issuance will be used to fund the CalPERS unfunded pension liability.

RECOMMENDED ACTION: Staff is seeking authorization to proceed with bond financing of the CalPERS unfunded pension obligation.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234 requires councilmembers briefly report, orally or in writing, on meetings attended at City expense (i.e. League of California Cities Conferences, ICSC conferences, etc.) at City Council meetings following the meeting.

11. CORRESPONDENCE

11.a. LETTER FROM THE MONTEBELLO BREWERS BASEBALL

CORPORATION REQUESTING A LONG TERM RESERVATION,

APPROVAL TO HOST THREE BASEBALL TOURAMENTS, AND FEE

WAIVER FOR THE USE OF FIELDS AT NEW TEMPLE AND SHIVELY
PARK

The Montebello Brewers Baseball Corporation (MBBC) are requesting a long-term facility reservation from February to December 2022, approval of three (3) baseball tournaments, and a reservation fee waiver for the use of the New Temple Park fields and Shively Park fields Monday through Friday from 6:00 p.m. to 8:30 p.m. and Saturdays and Sundays from 8:00 a.m. to 6:00 p.m. to host scheduled practices, games, and tournaments.

RECOMMENDED ACTION: Staff recommends City Council discuss and take action on the request by the MBBC for a long-term reservation, approval to host three (3) baseball tournaments and fee waiver in the total amount of $63,625.00

12. COUNCILMEMBERS’ AGENDA

12.a. Mayor Pro Tem Manuel Acosta

1. Identify, Submit and Approve Permits for Various Community Organizations and their Annual Events.

2. Report on Feasibility of Opening the Aquatic Center in March (at minimum start water aerobics and lap swim program in the mornings).

3. Feasibility of Starting the Monthly Community Bike Rides on Saturday Mornings Beginning in March.

12.b. Councilmember Hector Delgado

1. Consideration of Developing an Inclusionary Housing Component into our City Code to Allow for more Affordable Opportunities for our Community.

13. CLOSED SESSION - None

14. ADJOURNMENT
Tuesday, February 22, 2022, at 6:00 p.m.

I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 3 rd day of February 2022.

City Clerk, CMC

City Council Agenda Report
Agenda Item No. 7.a.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 2022
SUMMARY: Staff is requesting approval of Minutes for the January 25, 2022 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of January 25, 2022.

FISCAL IMPACT: None.

DISCUSSION: None.

ATTACHMENT(S):

A. January 25, 2022 Minutes

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, JANUARY 25, 2022 - 6:00 PM

1. ROLL CALL
Mayor Olmos called the meeting to order at 6:02 PM
PRESENT (via zoom): Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
STAFF PRESENT (Via Zoom): Rachel Barbosa, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Rene Salas, Deputy City Manager; Colby Cataldi, Community Development Director; William Fox, Interim Finance Director; Ian McAleese, Assistant Planner; and Richard Corral, Homeless Coordinator and Paola Lara, Deputy City Clerk.

Zoom was provided for the Public to participate during public comment via teleconference.

2. PLEDGE OF ALLEGIANCE – Councilmember Gracie Retamoza led the Pledge of Allegiance.

3. INVOCATION – Paola Lara, Deputy City Clerk for the City of South El Monte, offered the Invocation.

4. PRESENTATIONS:

4.a. Mayor Olmos and City Council presented plaques to City Employees for their 5, 10, and 30 years of service with the City of South El Monte.

4.b. Mayor Olmos and City Council presented “Certificates of Recognition” to the 2021 Holiday Home Decorating Contest Winners for the categories:

Most Animated, Most Holiday Spirit, Best Use of Lights, and Best Overall.

4.c. Mayor Olmos and City Council presented a plaque to Retired Chief Coronne Jacob for her 32 years of service with the Los Angeles County Sheriff’s Department.

4.d. City Council received a report from the Sheriff’s Department and discussed matters concerning law enforcement in the city for the month of December.

4.e. City Council received a report from Community Development Director Colby Cataldi on Code Enforcement and Public Safety activities for the month of December.

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Retamoza to approve the agenda. Motion carried 5-0, by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

1. Amanda Mejia, Athens Services, thanked the City and staff for working with them and offered her assistance to the City.

There being no one else wishing to speak, Mayor Olmos closed public comment.

7. CONSENT CALENDAR
A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Retamoza to approve the Consent Calendar. Motion carried 5-0, by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

7.a. Approved Minutes for the Regular City Council Meeting held January 11, 2022.

7.b. Adopted Resolution No. 22-07, approving warrants for the period of January 12, 2022, through January 25, 2022, totaling $1,178,920.23

8. PUBLIC HEARINGS

8.a. CONTINUED FROM THE REGULAR CITY COUNCIL MEETING OF JANUARY 11, 2022 - CONSIDERATION AND APPROVAL OF
RESOLUTION NO. 22-05, ADOPTING A MITIGATED NEGATIVE

DECLARATION, MITIGATION MONITORING AND REPORTING

PROGRAM, AND GENERAL PLAN AMENDMENT AND APPROVE
ORDINANCE NO. 1255 FOR A PROPOSED ZONE CHANGE AND
AFFORDABLE HOUSING AGREEMENT; AND RESOLUTION NO 22-09

AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT

REGARDING AFFORDABLE HOUSING UNITS
Mayor Olmos announced the item.

City Attorney Anthony R. Taylor read the title of the Ordinance and announced the public hearing had previously been opened and closed at the January 11, 2022, City Council meeting.

Community Development Director Colby Cataldi presented the staff report.

Mayor Olmos allowed public comment, Council concurred.

Public Comment

1. David Gutierrez, applicant, commented on the effort that was made to work with City staff to satisfy Council’s request for more affordable housing units and they are excited for this project.

A motion was made by Councilmember Delgado, seconded by Councilmember Retamoza to adopt Resolution No. 22-05, adopting a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and General Plan Amendment; introduce Ordinance No. 1255, amending the zoning designation for properties located at 2727 Rosemead Boulevard and 9340-9352 Mabel Avenue; and adopt Resolution No. 22-09, authorizing the City Manager to enter into an agreement regarding 8 affordable housing units. Motion carried 5-0, by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

9. GENERAL BUSINESS

9.a. UPDATE ON HOMELESSNESS SERVICES
Mayor Olmos announced the item.

City Manager Rachel Barbosa presented the staff report and a PowerPoint. Ms.

Barbosa introduced Homelessness Coordinator Richard Corral who provided additional information on the Back Home Initiative.

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Delgado to receive and file the report. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Acosta, Delgado, Retamoza, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None

9.b. CONSIDERATION AND APPROVAL OF 2022 CITY SPECIALS EVENTS

CALENDAR
Mayor Olmos announced the item.

A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Acosta, to approve the 2022 City Special Events Calendar. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None
Mayor Olmos called for a recess at 7:23 p.m. and reconvened the meeting at 7:26 p.m.

9.c. FISCAL YEAR 2021-22 MID-YEAR BUDGET UPDATE
Mayor Olmos announced the item.

Interim Finance Director William Fox presented the staff report along with a PowerPoint.

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Delgado, to receive and file the report. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

0. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Retamoza, nothing to report.

Councilmember Delgado, nothing to report.

Councilmember Angel, nothing to report.

Mayor Pro Tem Acosta, announced his attendance at Captain Mark Reyes’ Coffee with a Captain event.

Mayor Olmos, announced her attendance at Captain Mark Reyes’ Coffee with a Captain event.

11. CORRESPONDENCE:

11.a. LETTER FROM SOUTH EL MONTE NATIONAL LITTLE LEAGUE

REQUESTING A FACILITY RESERVATION FEE WAIVER FOR THE USE

OF NEW TEMPLE PARK FIELDS AND SNACK BAR, MARY VAN DYKE

COMMUNITY ROOM, AND COMMUNITY CENTER GYMNASIUM

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Delgado, to approve the facility reservation fee waiver requested by South El Monte National Little League in the amount of $53,000.00. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

12. COUNCILMEMBERS’ AGENDA

12.a. MAYOR GLORIA OLMOS

1. Create a City Commission for Women and Girls through the California Commission on the Status of Women and Girls (CCSWG) Women's Recovery Response Grant.

Mayor Olmos announced there was a grant opportunity that would fund the creation of a city commission to empower women and girls. City Attorney Anthony R. Taylor stated if the grant is awarded staff would bring back a report to City Council with a resolution to accept the funds and create the commission.

Mayor Olmos directed the City Manager to enter into a grant writing services agreement to apply for the CCSWG Women’s Recovery Response Grant. Council concurred.

13. CLOSED SESSION: None.

14. RECESS COUNCIL MEETING
Mayor Olmos recessed the meeting at 7:22 p.m. to the Successor Agency meeting.

Mayor Olmos reconvened the City Council meeting at 7:26 p.m.

15. ADJOURN COUNCIL MEETING
There being no further business coming before this body, at 8:00 p.m. Mayor Olmos adjourned the meeting to a regular meeting on Tuesday, February 8, 2022, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

City Council Agenda Report
Agenda Item No. 7.b.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 08, APPROVING WARRANTS FOR THE PERIOD OF
JANUARY 26, 2022, THROUGH FEBRUARY 8, 2022
SUMMARY: Authorizing payment of City expenditures for the period of January 26, 2022 through February 8, 2022 totaling $571,088.34
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 08, authorizing payment of City expenditures.

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 22-08
B. Warrants

RESOLUTION NO. 22-08

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF JANUARY 26, 2022 THROUGH FEBRUARY 8,
2022 TOTALING $571,088.34

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 21/22 Electronic Warrants 01/26/2022-02/08/2022 5268-5285 $154,618.54 FY 21/22 Hand Typed Warrants 01/26/2022-02/08/2022 139001-139008 $23,416.92 FY 21/22 Regular Warrants 01/26/2022-02/08/2022 139009-139091 $271,152.73 Payroll Check PPE 01/22/2022 27569-27575 $6,417.36
Payroll Direct Deposit PPE 01/22/2022 800017-800112 $115,482.79 TOTAL EXPENDITURES RESOLUTION NO. 22-08 $571,088.34
PASSED, APPROVED, AND ADOPTED this 8th day of February 2022. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-08, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of February 2022, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

City Council Agenda Report
Agenda Item No. 7.c.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 10, AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR
CALRECYCLE’S SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM
SUMMARY: On January 4, 2022, the Department of Resources Recycling and Recovery (CalRecycle) published a Notice of Funding Availability for the SB 1383 Local Assistance Grant Program (“Grant Program”). This non-competitive grant program will provide onetime funding to eligible local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. The City Council must adopt a resolution ratifying the City’s submission of an application for the Grant Program, and if awarded, authorization for the City Manager to execute the grant agreement, and take all steps necessary to implement the grant.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 10, ratifying the City’s submittal of the Grant Program application, and if awarded, authorization for the City Manager to execute the grant agreement, and take all steps necessary to implement the grant.

FISCAL IMPACT: If deemed eligible, the City of South El Monte may receive grant funds of an amount up to $28,953. The grant program does not require a local match.

Therefore, funds will be appropriated to the City budget when received.

DISCUSSION: On January 4, 2022, the Department of Resources, Recycling and Recovery (CalRecycle) published a Notice of Funding Availability for the SB 1383 Local Assistance Grant Program. This non-competitive grant program will provide one-time funding to eligible local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. Eligible activities and costs through this program include:
 Implementation of a Capacity Planning program
 Collection

 Implementation of an Edible Food Recovery Program
 Education and outreach (includes organic waste & edible food recovery)  Enforcement and Inspection
 Program Evaluation/ Gap Analysis
 Procurement Requirements (using recycled organic products – compost, mulch, electricity, and/or renewable gas and recycled paper and paper products)  Record Keeping
Specifically, the City of South El Monte may benefit from the grant funding to cover costs associated with implementation of a Capacity Planning program, which is required under SB1383 regulations. Additionally, grant funds may be used to cover indirect costs such as administrative salaries of personnel directly managing the grant-related activities.

The grant program requires applicants to identify the status of adopting an enforceable ordinance, or similar enforceable mechanism. The City of South El Monte adopted an “Organic Waste Disposal Reduction” Ordinance (No.1253) in June 2021; therefore, satisfying the program requirement.

In accordance with these requirements and the Grant Program application deadline, the City submitted its application on or before February 1, 2022.

The Grant Term for first round funding begins on April 1, 2022 (tentative) and ends on April 2, 2024. The Grant Term for second round funding begins on September 1, 2022 (tentative) and ends on September 2, 2024.

Therefore, staff recommends City Council ratify the City's submittal of the grant application to CalRecycle and authorize the City Manager to execute the grant agreement and take all steps necessary to implement the grant.

ATTACHMENT(S):

A. Resolution 22-10

ATTACHMENT A

RESOLUTION NO. 22-10

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

RATIFYING THE SUBMITTAL OF APPLICATION FOR
CALRECYCLE’S 1383 LOCAL ASSISTANCE GRANT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

GRANT AGREEMENT
WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program; and WHEREAS, CalRecycle published a Notice of Funding Availability for the SB 1383 Local Assistance Grant Program (“Grant Program”) on January 4, 2022; and WHEREAS, the City filed a grant application for the Grant Program prior to the February 1, 2022 deadline.

THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1: The above recitals are true and correct and incorporate herein.

SECTION 2: The City’s submittal of the Grant Program application is hereby ratified.

SECTION 3: The City Manager or designee is hereby authorized and empowered to execute in the name of the City of South El Monte all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant.

SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of February, 2022. _____________________________
Gloria Olmos, Mayor

ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-10, was adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of February, 2022 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

City Council Agenda Report
Agenda Item No. 7.d.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Anthony R. Taylor, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 11, PROCLAIMING A LOCAL EMERGENCY PERSISTS AND

AUTHORIZING THE USE OF REMOTE TELECONFERENCE

MEETING PROCEDURES BY THE CITY'S LEGISLATIVE

BODIES AS AUTHORIZED BY GOVERNMENT CODE
SECTION 54953(E) ET SEQ. FOR THE PERIOD OF
FEBRUARY 8, 2022 THROUGH MARCH 9, 2022
SUMMARY: On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021. Pursuant to AB 361, staff recommends consideration of Resolution No. 22-11 proclaiming a local emergency persists and authorizing the use of remote meeting procedures by the City’s legislative bodies, which can include meetings held via a virtual platform (e.g Zoom), for the period of February 8, 2022 through March 9, 2022.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 11, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s legislative bodies, such as utilizing a virtual platform (e.g. Zoom) for the period of February 8, 2022 through March 9, 2022.

FISCAL IMPACT: None.

DISCUSSION: In March of 2020, at the onset of the COVID-19 pandemic, Governor Newsom proclaimed a State of Emergency in California, and issued Executive Order N25-20 to facilitate the ability of legislative bodies to meet using remote/virtual platforms to comply with health orders. Since that time, several other Executive Orders have been issued that further modified the requirements related to the conduct of teleconferenced meetings and the right of public participation during the state of emergency. The Executive Orders collectively operated to remove certain requirements for teleconferenced meetings, including that each teleconference location be accessible to the public, and that members of the public be able to address the legislative body at each teleconference location.

The Executive Orders allowed the City Council and each of the City’s legislative bodies, commissions, and committees subject to the Brown Act to modify how meetings were conducted to protect the health and safety of the legislative bodies, staff, and the public, while ensuring transparency and accessibility for open and public meetings. However, those executive orders expired on October 1, 2021.

On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021, to correspond to the timing of expiration of the executive orders.

AB 361 allows legislative bodies to continue to utilize remote/virtual platforms for meetings during a state of emergency proclaimed by the Governor that includes the City, provided that one of the following three criteria is met with respect to the meeting:
i) State or local officials have imposed or recommended measures to promote social distancing; or
ii) The legislative body is meeting for the purpose of determining, by majority vote, whether as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees; or
iii) The legislative body has previously determined, by majority vote, that, as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees.

These provisions of AB 361 are effective until January 1, 2024. This means these provisions may be invoked any time there is a proclaimed state of emergency by the Governor (e.g., wildfires) and the City Council can make at least one of the enumerated findings.

On October 26, 2021, City Council adopted Resolution No. 21-69 proclaiming a local emergency persists and authorizing the use of remote teleconference procedures by the City’s legislative bodies for the period of October 26 through November 25, 2021. To avoid a lapse in time between meetings and the effective date of Resolution No. 21-69, on November 9, 2021, City Council adopted Resolution No. 21-72 proclaiming a local emergency persists and authorizing the use of remote teleconference procedures by the City’s legislative bodies for the period of November 9 through December 9, 2021. On December 14, 2021, City Council adopted Resolution No. 21-78, proclaiming a local emergency persists and authorizing the use of remote teleconference procedures by the City’s legislative bodies for the period of December 14, 2021 through January 12, 2022.

On January 11, 2022, City Council adopted Resolution No. 22-02 authorizing the same, for the period of January 11, 2022 through February 9, 2022.

In large part due to the Omicron variant, there has been a sharp surge of Covid-19 positive cases since December 2021, leading to a positivity rate of 14.90% as of December 27, 2021 and 1,792 hospitalizations as of January 1, 2022. The data available as of February 2, 2022 indicates a total of 2,683,644 cases reported and 29,099 deaths reported in the Los Angeles County, Long Beach, and Pasadena Health Departments as a result of COVID-19.

In light of the continuing COVID-19 emergency, and the continued threats to health and safety posed by indoor meetings with large attendance, staff recommends adoption of the proposed resolution making the findings required to invoke AB 361. Doing so will

allow the meetings of the City Council and each of the City’s legislative bodies to continue to occur by teleconference, without adhering to the teleconferencing requirements set out in Government Code Section 54953(b)(3) that would otherwise apply absent invocation of AB 361.

Continued reliance on AB 361 will require adoption of a new resolution making the required findings every 30 days.

ATTACHMENT(S):

A. Resolution No. 22-11

RESOLUTION NO. 22-11

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY PERSISTS AND

AUTHORIZING THE USE OF REMOTE TELECONFERENCE
MEETING PROCEDURES BY THE CITY’S LEGISLATIVE

BODIES, AS AUTHORIZED BY GOVERNMENT CODE
SECTION 54953(E) ET SEQ., FOR THE PERIOD OF
FEBRUARY 8, 2022 THROUGH MARCH 9, 2022
WHEREAS, the City Council of the City of South El Monte is committed to preserving and nurturing public access, transparency, observation and participation in its meetings and the meetings of each of its legislative bodies (as that term is defined in Government Code §54952, including commissions, boards and committees subject to the Brown Act); and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act, codified as Government Code sections 54950 et seq., so that any member of the public may attend, participate, and observe the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, as amended by Assembly Bill 361 (2021), amending Government Code section 54953(e) et seq., allows for remote teleconferencing observation and participation in meetings by members of a legislative body and members of the public, without compliance with the requirements of Government Code section 54953(b)(3) regarding, subject to the existence of certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act, Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, as provided in Government Code section 8558; and
WHEREAS, on March 4, 2020, pursuant to Government Code section 8625, Governor Newsom declared the existence of a state of emergency for the State of California, in response to the outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID19); and WHEREAS, also on March 4, 2020, the County of Los Angeles followed suit and declared the existence of a state of emergency for the County of Los Angeles; and WHEREAS, on March 12, 2020, out of an abundance of caution to protect the health, safety, and welfare of the community, the Mayor of the City of South El Monte proclaimed a local emergency due to the public health threat caused by COVID-19; and WHEREAS, the Mayor’s proclamation found that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that

these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, on March 16, 2020, the City’s Director of Emergency Services declared a local emergency for the City pursuant to Chapter 2.32 of the South El Monte Municipal Code, finding that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 20-24, ratifying the proclamation of a local emergency in response to COVID-19; and WHEREAS, Government Code section 54953(e) further requires that state or local officials have imposed or recommended measures to promote social distancing; or, the legislative body of the City finds that meeting in person would present imminent risk to the health and safety of attendees; and
WHEREAS, the State of California and County of Los Angeles Department of Public Health officials have imposed or recommended measures to promote social distancing, County officials are requiring masking in an effort to slow the continuously high level of transmission of COVID-19 throughout Los Angeles County, and the Centers for Disease Control and Prevention (“CDC”) continue to recommend physical distancing; and
WHEREAS, in large part due to the Omicron variant, there has been a sharp surge of Covid-19 positive cases since December 2021, leading to a positivity rate of 14.90% as of December 27, 2021 and 1,792 hospitalizations as of January 1, 2022. The data available as of February 2, 2022 indicates a total of 2,683,644 cases reported and 29,099 deaths reported in the Los Angeles County, Long Beach, and Pasadena Health Departments; and WHEREAS, the Council hereby finds that such emergency conditions persist in the City, such that meeting in person for the meetings of the legislative bodies of the City would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID-19 virus among those in attendance; and
WHEREAS, the Council hereby finds that the state of emergency due to the COVID-19 virus and the conditions related thereto has caused, and will continue to cause, conditions of extreme peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and thereby affirms, authorizes, and proclaims that the existence of a local emergency persists throughout the City, and ratifies the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, the Council hereby finds that, as a consequence of the existing local emergency, the legislative bodies of the City shall conduct their meetings without compliance with Government Code section 54953(b)(3), and shall instead comply with the remote teleconference meeting requirements as authorized by Government Code section 54953(e) et seq.; and

WHEREAS, the Council affirms that the City will allow for observation and participation by Councilmembers, members of the City’s legislative bodies, and the public by allowing public participation and comment in real time via Zoom or by telephone, as well as allowing limited inperson attendance for certain legislative bodies of the City, as will be duly indicated in the agendas of the legislative bodies, respectively, in an effort to protect the constitutional and statutory rights of all attendees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

Section 1. The Recitals set forth above are true and correct and are incorporated herein Resolution by reference.

Section 2. The Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City, and affirms, authorizes, and proclaims that the existence of a local emergency persists throughout the City.

Section 3. The Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Further, the Council finds that holding the meetings of the City’s legislative bodies in person with no limitations to attendance would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID-19 virus among those in attendance, and that the State of California and County of Los Angeles Department of Public Health officials have imposed or recommended measures to promote social distancing in connection with the COVID-19 emergency, as required by Government Code section 54953(e) et seq.

Section 5. The City Manager and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings via teleconference in accordance with Government Code section 54953(e) et seq. and other applicable provisions of the Brown Act.

Section 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 9, 2022, or (ii) such time the Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies (as that term is defined in Government Code §54952, including commissions, boards and committees subject to the Brown Act) of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED, APPROVED AND ADOPTED this 8th day of February 2022.

________________________
Gloria Olmos, Mayor

ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-11, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of February 2022, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Donna G. Schwartz, City Clerk

City Council Agenda Report
Agenda Item No. 7.e.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: ADOPTION OF ORDINANCE NO. 1255, AMENDING THE

ZONING DESIGNATION FOR PROPERTIES LOCATED AT
2727 ROSEMEAD BOULEVARD, 9340-9352 MABEL AVENUE,
AND APNS 5281-002-009 AND 5281-002-011
SUMMARY: At a regular City Council meeting on Tuesday, January 25, 2022, City Council waived first reading and introduced Ordinance No. 1255, amending the zoning designation for properties located at 2727 Rosemead Boulevard, 9340-9352 Mabel Avenue, and APNs 5281-002-009 and 5281-002-011.

RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1255.

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Ordinance No. 1255

ORDINANCE NO. 1255

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE

ADOPTING ZONE CHANGE AMENDING THE ZONING
DESIGNATION FOR PROPERTIES LOCATED AT 2727
ROSEMEAD BOULEVARD, 9340-9352 MABEL AVENUE,
AND APNS 5281-002-009 AND 5281-002-011
WHEREAS, Wilson Ye/Mye Plaza LLC (“Applicant”) has filed an application for a Zone Change to change the land use designation of property located at 2727 Rosemead Boulevard, 9340- 9352 Mabel Avenue, and APNs 5281-002-009 and 5281-002-011 in South El Monte (“Property” or “project site”) from the zoning designation of “Commercial-Manufacturing” to “CommercialResidential” in order to allow for a mixed use development consisting of 73 residential apartments with first floor commercial (“Project” or “proposed Project”); WHEREAS, pursuant to South El Monte Municipal Code (“SEMMC”) Section 17.66.040, the Project requires Planning Commission review and recommendation to City Council because the Project consists of property rezoning; and
WHEREAS, a public hearing was held before the Planning Commission on December 21, 2021, to consider the application. All evidence, both written and oral, presented during said public hearing was considered by the Planning Commission in making its determination and it voted unanimously to recommend adoption of the ordinance; and WHEREAS, a public hearing was held before the City Council on January 11, 2022, to consider the application. All evidence, both written and oral, presented during said public hearing was considered by the City Council in making its determination.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

SECTION 1: Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (“Guidelines” and California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines, City staff had an initial study prepared of the potential environmental effects of the proposed CUP. Based on the information contained in the initial study, staff determined that there was less than substantial evidence that approval of the proposed redesignations may have significant environmental impact with mitigating measures. Accordingly, the City prepared a Mitigated Negative Declaration in accordance with Section 15070 of the State CEQA Guidelines. Notice of the preparation of the Mitigated Negative Declaration was posted for the period of November 30, 2021 through December 20, 2021. Pursuant to Section 15074(b) of said Guidelines, the City Council independently reviewed and considered the contents of the initial study and the Mitigated Negative Declaration. Pursuant to the City Council’s adoption of this Resolution No. 22-05, the City Council approves Mitigated Negative Declaration and

Mitigation Monitoring and Reporting Program for the Project in compliance with CEQA Guidelines.

Based on the initial study, the Mitigated Negative Declaration, the comments received thereon, and the record before the Planning Commission, the City Council hereby finds that the Mitigated Negative Declaration prepared for the Project represents the independent judgment of the City and that there is no substantial evidence that the approval of the proposed General Plan Amendment may have any significant environmental impact with mitigating measures implemented. The documents and other materials which constitute the record on which this decision is based, are maintained by the City’s Department of Community Development.

SECTION 2: Pursuant to Municipal Code section 17.66.040, the City Council hereby finds as follows for the proposed Zone Change (No. 20-13):

1. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the citizens of the City by allowing for the development of the property with a mix of residential and commercial uses that will benefit the City as a whole. Currently, the property is underdeveloped and underutilized and the proposed change will allow for improvements to the property that will address housing needs, diversity of commercial options for the residents and beautification;

2. The proposed change is in conformance with purpose of Chapter 17.66 (Amendments to Zoning Regulations) the Municipal Code, and with all applicable, officially adopted policies and plans by changing the Property to the C-R Zone so that the mixed use development will conform to the Zoning Code and General Plan;

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified since the use will not change the level of service of the surrounding streets because the surrounding area is already developed as commercial, manufacturing, and residential. Also it was found that the wastewater generation, storm drainage facilities, and water services all are anticipated to meet project demands; and

4. All uses permitted when the Property is reclassified will be compatible with present and potential future uses, and further, existing regulations applying to the property in question since commercial uses are already allowed under the current zoning, nonconforming residential uses are also present in the area and the Project as proposed complies with the South El Monte Municipal Code.

SECTION 3: Based upon the foregoing, the City Council hereby changes the zoning designation for property located at 2727 Rosemead Boulevard, 9340-9352 Mabel Avenue, and APNs 5281-002-009 and 5281-002-011 from “C-M” (Commercial-Manufacturing) to “C-R” (Commercial-Residential), as shown on Exhibit “A” attached hereto and hereby incorporated by this reference. The City Council hereby directs City staff to amend the City’s official zoning map to reflect the change in zoning designation.

SECTION 4: The City Clerk shall attest and certify to the passage and adoption of this Ordinance.

PASSED, APPROVED, AND ADOPTED this 8th day of February, 2022. ________________________________
Gloria Olmos, Mayor
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
___________________________________
Anthony R. Taylor, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Ordinance, being Ordinance No. 1255 was passed and approved by the City Council of the City of South El Monte, at a meeting of said Council held on the 8th day of February 2022 and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Donna G. Schwartz, City Clerk

Exhibit A
Existing Zoning
Proposed Zoning

City Council Agenda Report
Agenda Item No. 9.a.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Rene Salas, Deputy City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF CONVERTING

EXISTING TENNIS COURT TO A MULTIUSE COURT THAT

CAN BE USED FOR TENNIS AND PICKLEBALL
SUMMARY: The Community Services Department established a need based on community demand, to add pickleball courts to the existing tennis court located at the Community Center.

RECOMMENDED ACTION: Staff recommends City Council consider the approval of converting the existing tennis court to a multiuse court that can be used for tennis and pickleball.

FISCAL IMPACT: The cost of converting the tennis court to a multiuse court is estimated to be $$8,952.80. Funding for this project has been allocated from In-Lieu funds. The current FY 2021/2022 Budget has sufficient funds available to program the cost. The project will be included in the first upcoming budget amendment.

DISCUSSION: At the September 14, 2021 City Council meeting, City Council instructed staff to provide alternatives for converting the tennis court to a multiuse court that can be used for tennis and pickleball.

Staff solicited quotes from three vendors to gather estimated costs to complete the project. From the three vendors contacted, only one company provided a quote to convert the tennis court to a multiuse court. The only proposal received from TrueLine offers resurfacing the tennis court, which includes patching the cracks and spalls and grinding displaced areas on cracks so both sides of court are fairly level. They will add white stripping lines to accommodate two pickleball courts and provide the portable nets.

To manage the play time of pickleball and tennis, staff recommends a set schedule that designates specific days for each sport. Public Works personnel will set up the nets accordingly based on the set schedule. Recreation staff can coordinate a sign-in process

to monitor the play time of each sport and review the success of the multiuse court. or address any issues that may evolve from the conversion.

ATTACHMENT(S):

A. Trueline Construction & Surfacing Quote

City Council Agenda Report
Agenda Item No. 9.b.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Rene Salas, Deputy City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 12, AUTHORIZING THE JOINT APPLICATION FOR RECEIPT

OF AND IMPLEMENTATION OF THE STATE OF CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD) HOMEKEY ROUND 2 GRANT

PROGRAM
SUMMARY: The Back Home Initiative (BHI) is a concept born out of our Mid-Valley Collaborative Homeless Team between the cities of South El Monte, El Monte and Baldwin Park. The State Homekey Round 2 grant would fund the BHI program up to 150 ADUs within the three cities. There is no local agency match required for this grant.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 12, approving the joint application with El Monte and Baldwin Park for the State Homekey Round 2 grant to fund the building and maintenance of 150 ADUs.

FISCAL IMPACT: The City entered into an agreement with California Consulting at a cost of $5,000 to write the grant. The $5,000 will be paid from the Homelessness grant funds received by the San Gabriel Valley Council of Governments.

DISCUSSION: Building on the success of Project Roomkey back in July, 2020, and 1st round of Project Homekey in November of 2020, the California Department of Housing and Community Development (HUD) initiated a 2nd Project Homekey grant program, accepting applications from February 1st to May 2nd, 2022. Project Homekey is the State's response to protecting Californians experiencing homelessness or who are at risk of homelessness as defined in California Health and Safety Code Section 50675.1.3 subsection (i).

Under Homekey round 2, $1.4 billion in grant funding will be made available to local public entities, including cities, counties, or other local public entities, including housing authorities or federally recognized tribal governments in California. The funds can be used to purchase and rehabilitate housing, including hotels, motels, vacant apartment

buildings, and other buildings to convert them into interim or permanent long-term housing.

City Staff have been in communication with State HCD staff to provide an overview of our Back Home Initiative proposal to fund the construction and maintenance of 150 ADUs within our Mid-Valley Cooperative on Homelessness between South El Monte, El Monte, and Baldwin Park. The feedback from HCD Staff was very positive. To their knowledge, no other agency has proposed this type of housing project.

BHI is an innovative, efficient, cost-effective housing solution for the homeless community. The program will pay for the construction or installation of an ADU studio or one bedroom unit in the back yard of a private residential property, as well as garage conversions. The ADU unit will be maintained free of charge for 10 years. The property owner will be paid $600-$800 per month. The agreement with the property owner would be to allow a homeless person to live in the ADU. The homeless person would follow strict qualification guidelines following Los Angeles Homeless Services Authority (LAHSA) program rules for their intake housing programs. County staff would provide social services and job training for the selected homeless participants in the BHI program. There is no cost to the property owner, and after the 10 year commitment, the property owner will have full ownership of the ADU and can do as he/she wishes with the ADU.

At this time, staff recommends approval of the joint Resolution 22-12 directing staff to submit a Homekey Round 2 grant in the amount of $22 million to fund the BHI program.

ATTACHMENT(S):

A. Resolution No. 22-12

ATTACHMENT A

RESOLUTION NO. 22-12

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AUTHORIZING THE JOINT APPLICATION FOR RECEIPT OF,

IMPLEMENTATION, AND PARTICIPATION IN THE STATE

OF CALFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD) HOMEKEY ROUND 2
GRANT PROGRAM REQUESTING $22 MILLION FOR THE

BACK HOME INITIATIVE (BHI) TO FUND THE BUILDING
AND MAINTENANCE OF ONE HUNDRED FIFTY (150)

ACCESSORY DWELLING UNITS (ADU) IN THE CITIES OF

SOUTH EL MONTE, EL MONTE, AND BALDWIN PARK
WHEREAS:

A. The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.).

B. The City of South El Monte (“Co-Applicant”) desires to jointly apply for Homekey grant funds with City of El Monte and City of Baldwin Park (the three cities are collectively referred to as “Cohort” herein). Therefore, Co-Applicant is joining the Cohort in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration.

C. The Department is authorized to administer Homekey grant program pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, HUD Department’s Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: The City Manager or her designee is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply with the Cohort for Homekey grant funds in a total amount of $22 million dollars.

SECTION 2: If the Application is approved, the City Manager or her designee is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount of $22 million, any and all other documents required or deemed necessary or appropriate to secure the Homekey grant funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

SECTION 3: The City acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be

incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

SECTION 4: The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of February, 2022.

Gloria Olmos, Mayor
ATTEST:

Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-12 was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of February, 2022 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna Schwartz, City Clerk

City Council Agenda Report
Agenda Item No. 9.c.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 13, AWARDING A PROFESSIONAL SERVICES AGREEMENT
(PSA) TO KOA CORPORATION TO PREPARE THE RUSH

STREET CORRIDOR ENHANCEMENT PLAN
SUMMARY: The Rush Street Corridor Enhancement Plan will study and conceptualize the City of South El Monte’s Rush Street, as a redesigned multi-modal corridor that engages the surrounding neighborhoods to participate in active modes of transportation.

The resulting plan will help the City create a safe multi-modal corridor that will better connect residents and businesses throughout the City.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 13, awarding a professional services agreement in the amount of $107,861.80, to KOA Corporation to provide survey of existing conditions, project design and preparation of the Rush Street Corridor Enhancement Plan.

FISCAL IMPACT: The project will be partially funded by the California Air resources Board (CARB) Grant funds and with a local match requirement in the amount of $7,904.38 in Measure M funds. The City Council previously approved the grant agreement and funding on April 27, 2021.

DISCUSSION: In August 2020, the City, in partnership with ASGV, submitted an Implementation of Planning and Capacity Building Grant Proposal for the Sustainable Transportation Equity Project (STEP).

In October 2020, the City received a grant award from CARB in the amount of $205,108.50 (plus a required resource contribution of $7,904.38) for the STEP grant for the Rush Street Corridor Enhancement Plan.

On April 27, 2021, the City Council approved a Grant Agreement for the CARB Sustainable Transportation Equity Project grant award.

On October 26, 2021, the City Council approved a professional services agreement with ActiveSGV, who will be responsible for providing certain tasks on this project.

Specifically, ActiveSGV will facilitate and coordinate public engagement and the identification of needs, and track and report data throughout the completion of this project.

The Rush Street Corridor Enhancement Plan will conceptualize and design Rush Street as a rejuvenated multimodal corridor that engages surrounding neighborhoods to participate in active transportation modes of travel. Rush Street is a major east-west arterial road running through the heart of the City of South El Monte, providing connections to schools, businesses, and other important destinations. The resulting plan will help the City create a safe multi-modal corridor that will connect residents and businesses throughout the City.

The project will examine traffic calming strategies, including but not limited to: protected bike lanes, dedicated rapid transit lanes, smart bus stops, and ADA improvements.

These improvements are necessary to increase pedestrian safety, augment the City’s existing bicycle network, and help improve public transit quality along Rush Street, all of which align with existing State and regional goals of reducing single-occupant motor vehicle trips and improving safety for all roadway users.

In November 2021, the City issued a Request for Proposals (RFP) to Provide Professional Services to Prepare Rush Street Corridor Enhancement Plan. The requested services include providing survey of existing conditions, project design and preparation of corridor enhancement plan for the Rush Street Corridor Enhancement Plan.

The City received three (3) proposals by the RFP deadline on December 15, 2021. The proposers are as follows:

Name of Consultant Firm
(alphabetical order)
Firm Location Fee Proposal
Alta Planning and Design Los Angeles, CA $109,699.00
KOA Corporation Monterey Park, CA $107,861.80
TJKM Pleasanton, CA $90,020.00
In compliance with the City’s Purchasing Manual, Chapter 3 – Professional/Consultant Services, the City is required by State Law (GC § 4526) to select vendors for architectural, landscape architectural, engineering, environmental services, land surveying, and construction project management services based on demonstrated competence and professional qualifications, rather than competitive bidding, and at fair and reasonable prices.

Staff reviewed proposals received and evaluated the proposals based on compliance with the RFP requirements, project understanding and approach, experience, level of effort, schedule and cost effectiveness to provide efficient services. After review, Staff determined that KOA Corporation demonstrated the best understanding of project requirements and has regional experience with similar projects. Therefore, Staff determined that KOA Corporation submitted the most qualified proposal to provide Professional Services to Prepare Rush Street Corridor Enhancement Plan.

The cost submitted by the most qualified consultant, KOA Corporation, to provide professional services to develop the Rush Street Corridor Enhancement Plan is $107,861.80. Additionally, the cost for City staff time is reimbursable from the project budget.

ATTACHMENT(S):

A. Resolution No. 22-13
B. KOA Corporation Proposal For Services
C. Professional Service Agreement (KOA Corporation)

ATTACHMENT A

RESOLUTION NO. 22-13

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AWARDING PROFESSIONAL SERVICE AGREEMENT TO

KOA CORPORATION TO PROVIDE PROFESSIONAL

SERVICES TO PREPARE RUSH STREET CORRIDOR

ENHANCEMENT PLAN
WHEREAS, in August 2020, the City, submitted an Implementation of Planning and Capacity Building Grant Proposal in August 2020, for the Sustainable Transportation Equity Project (STEP); and
WHEREAS, in October 2020, the City received a grant award from California Air Resources Board (CARB) in the amount of $205,108.50 (plus a required resource contribution of $7,904.38) for the Rush Street Corridor Enhancement Plan; and WHEREAS, the Grant Agreement for the CARB Sustainable Transportation Equity Project grant award was approved by City Council on April 27, 2021; and WHEREAS, the City issued Request for Proposals to Provide Professional Services to Prepare Rush Street Corridor Enhancement Plan in November, 2021, and the City received three (3) proposals for the solicited services on December 15, 2021; WHEREAS, the City staff evaluated the proposals and determined that KOA Corporation submitted was the lowest responsive bidder to provide the subject services for the project.

NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated by reference.

SECTION 2. Upon reviewing the proposals submitted for Professional Services to Prepare Rush Street Corridor Enhancement Plan, the City Council hereby finds that KOA Corporation has submitted the most lowest responsive bidder, in the amount of $107,861.80.

SECTION 3. The City Council hereby authorizes the City Manager or designee to execute a professional service agreement with KOA Corporation in the amount of $107,861.80. The Council further directs the City Manager to take all actions necessary to effectuate the agreement.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED and ADOPTED this 8th day of February, 2022. _____________________________
Gloria Olmos, Mayor

ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-13 was passed and approved by the City Council of the City of South El Monte at a Regular meeting of said Council held on the 8th day of February, 2022, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

ATTACHMENT B

PROPOSAL

RUSH STREET CORRIDOR
ENHANCEMENT PLAN;
STEP GRANT STEP-PG-04

CITY OF SOUTH EL MONTE
DECEMBER 15, 2021

1CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 TABLE OF CONTENTS 02 SECTION 2 | PROJECT SPECIFIC APPROACH,

SCOPE OF WORK
Proposed Schedule
SECTION 1 | COVER LETTER
Firm Profile
06 14 SECTION 3 | PROPOSED PROJECT SPECIFIC STAFF
SECTION 4 | SIMILAR PROJECTS AND REFERENCES 20
SECTION 5 | CITY STANDARD CONTRACT
SECTION 6 | REQUIRED ATTACHMENTS
Attachment A - Affidavit of Non-Collusion
Attachment B - Claims History
26 27
APPENDIX 32 Work Samples

SECTION 1:

COVER LETTER

2 1100 Corporate Center Dr., Suite 201, Monterey Park, CA 91754 T: (323) 260-4703 | F: (323) 260-4705 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA CULVER CITY Dear Mr. Cataldi:

KOA Corporation (KOA) is pleased to provide the City of South El Monte with this proposal for professional consulting services to prepare the Rush Street Corridor Enhancement Plan. KOA understands the project’s objective is to develop a corridor plan that will tie together active transportation, complete streets, safe routes to school while enhancing economic vitality.

KOA blends local mobility planning and civil design experience with technical expertise and will offer a fresh approach to this project that will result in creative solutions to general project challenges. The KOA team has the skills and experience on comparable projects in Southern California to deliver the services required under this RFP.

THE RIGHT TEAM
The key personnel for this project have been selected based on their proven track record of success on equivalent projects. Our proposed point of contact and Project Manager, Carlos Velásquez has over 14 years of experience in mobility planning, successfully leading large teams while managing and executing projects with multiple elements and diverse tasks. Carlos will be fully supported by a skilled team of KOA Task Managers and talented specialty experts and complimented by a subconsultant with considerable urban design experience and initimate knowledge of the corridor’s issues and needs.

Five Point Design provides boutique level design services with a specialization in the design and management of public works projects throughout Southern California. The firm has a long history of repeat clients, including the cities of Monrovia, Covina, Rosemead, and Bellflower. Their work is collaborative and uses an iterative process to refine and update the design based on feedback generated by clients, team partners, and user-groups. This ensures that the design is tailored specifically to the location and community it serves.

THE RIGHT EXPERIENCE
KOA has led and taken part in more than 100 active transportation planning and design projects. This includes tactical urbanism demonstrations, quick-builds, strategic plans, master plans, active transportation plans, SRTS plans, complete streets plans, feasibility studies, conceptual designs, and final construction plans for hundreds of miles of bikeways, pedestrian improvements, and multi-use corridors.

These projects have given us great knowledge in understanding what it takes to engage with a diverse set of stakeholders, analyze, plan, and ultimately implement mobility solutions for our clients. We are fully prepared and eager to lead this project. Our team stands out for the following reasons:

Core team supported by experts. Our proposed team consists of a core of staff who has frequently worked together to deliver all types of mobility projects. The team consist of expert transportation planners, engineers, DATE
December 15, 2021
TO
Mr. Colby Cataldi
Community Development
Director
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733

FROM AUTHORIZED

PRINCIPAL
Ms. Min Zhou, PE
CEO/President
1100 Corporate Center Drive,
Suite 201
Monterey Park, CA 91754
(323) 260-4703
[email protected]

PROPOSED

PROJECT MANAGER
Mr. Carlos Velásquez, AICP,
LCI
Project Manager |
VP, Managing Director,
Senior Planner
(323) 859-3135
[email protected]
RFP
Rush Street Corridor
Enhancement Plan,
Step Grant No. STEP-PG-04

3 1100 Corporate Center Dr., Suite 201, Monterey Park, CA 91754 T: (323) 260-4703 | F: (323) 260-4705 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA CULVER CITY community planners, engagement specialists, and brand strategists who have a vision and will collaborate to develop a high-quality implementation strategy for this project.

INNOVATION
The highlight of KOA’s legacy in active transportation lies in the planning and implementation of the very first and second cycle track and first Bike Boulevard in Southern California. KOA’s design team was also at the forefront of implementing the award-winning Rosemead Boulevard beautification project in the City of Temple City.

IMPLEMENTATION
The KOA team brings unparalleled expertise in planning, engineering design, and the implementation of projects. This work has given us an understanding of the intersection of all key elements of this project, including planning, design, tactical urbanism, and providing the City with a framework for implementation. One recent success is the LADOT Little Street demonstration project, where KOA conducted engagement, provided preliminary design, and the project is now constructed (https://youtu.be/R0FCV9S3-Gs) as a permanent change, all in three years.

INCLUSIVE ENGAGEMENT STRATEGY
The KOA Team consists of staff members who hail from diverse backgrounds. This diversity in our background guides our planning and engineering practices, ensuring that our work resonates with the multi-ethnic communities that we serve.

When planning meetings or events, we focus on engaging people who typically do not participate in transportation planning projects—women, teens, people in low-income communities, members of culturally and linguistically diverse communities. We use data to track which populations we are reaching, and we target outreach toward those who are underrepresented through targeted messaging, graphics, and translation services.

STATEMENTS
• KOA acknowledges receipt of Addendum No. 1, dated 12/8/2021. • This proposal shall remain valid for 60 days, from the date of submission.

Thank you for this opportunity to offer our services. I am the authorized representative from KOA for this proposal and I can be reached at (323) 260-4703 or via email at [email protected]. Please contact me if you wish to discuss this proposal further or if you have questions regarding this submittal.

We are confident that we have assembled the team that can best meet your needs. We hope that you will give the KOA team your serious consideration and will select us as your consultant team for this project! Sincerely,
KOA Corporation
Min Zhou, PE
CEO/President

4CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 FIRM PROFILE

PRIME CONSULTANT - KOA
Founded in 1987, KOA Corporation (KOA) is a leading provider in traffic engineering, transportation planning and construction management services for public agencies and private sector clients. We offer our clients technical knowledge, innovative solutions and responsive services. The hallmark of our success is our dedication to each and every project and our desire to leave a legacy of extraordinary contributions to our communities. Our staff includes certified transportation planners, registered civil and traffic engineers, project/ construction managers, and construction inspectors. With six offices located in Southern California, KOA has provided engineering services for some of the largest public works and transportation planning projects throughout California.

SPECIFIC ROLE AND RELATED EXPERIENCE

CORRIDOR STUDY EXPERIENCE
KOA has provided corridor planning and design services for multiple jurisdictions throughout Southern California. Blending comprehensive community outreach approaches, with planning, and engineering design and support, KOA been an essential partner for agencies seeking to reach their mobility goals. For such projects, KOA has provided services such as: GIS analysis, literature and policy review, existing conditions field assessments and documentation, community meeting facilitation, translation services, engineering conceptual design support, cost estimation, project implementation, and grant writing. A signature feature to KOA’s approach to such studies is constructability, where KOA’s certified planners and registered civil and traffic engineers work together to ensure that corridor projects balance creative mobility approaches with widely accepted engineering standards. Such an approach has led to the successful implementation of numerous bicycle and pedestrian facilities throughout Southern California.

COMPLETE STREETS
KOA has provided complete streets services for numerous projects in California. Encompassed within the complete street planning studies have been services such as: conducting in-depth collision analyses, comprehensive multi-modal network development, project prioritization and cost estimates, transit service improvement suggestions, and public outreach coordination and presentations.

KOA’s planning and engineering team prides itself in providing our clients with grant-ready planning studies that have been thoroughly examined by our design team to ensure physical feasibility, constructability, and conservative cost estimates.

TYPES OF SERVICES
Civil Engineering
Traffic Engineering
Transportation Planning
Active Transportation
Grant Writing & Management
Program Management
Construction Management

YEAR FOUNDED
1987

FORM OF THE

ORGANIZATION
S Corporation

LOCATION OF OFFICES
Monterey Park
Orange
Ontario
San Diego
La Quinta
Culver City

PROJECT OFFICE

LOCATION
1100 Corporate Center Drive
Suite 201
Monterey Park, CA 91754
(323) 260-4703

MAIN CONTACT
Mr. Carlos Velásquez, AICP, LCI
Project Manager |
VP, Managing Director,
Senior Planner
(323) 859-3135
[email protected]
SECTION 1 | FIRM PROFILE

5CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 FIRM PROFILE

SUBCONSULTANT - FIVE POINT DESIGN
Five Point Design is a full-service landscape architecture practice located in Pasadena, CA. The firm operates as a sole proprietorship and is female and minority owned. Jaime Yamashita serves as the owner and principal of Five Point Design and is a licensed landscape architect in the State of California.

We have worked closely with public agencies and municipalities to create public parks and recreation facilities, multi-modal street redesigns, wayfinding programs, demonstration gardens, plazas, and other projects that seek to bring aesthetic and environmental improvements to the community. We provide a range of professional services including: master planning, design guidelines, design services (conceptual, schematic, design development, and construction documentation), low impact design, identity development, design guidelines, specification writing, and construction observation.

With a long track record of repeat clients, we believe communication and collaboration are key to creating a successful project. Great design is responsive design and it should relate and respond to the needs of the client, the site, the community, and the environmental context at large.

SPECIFIC ROLE AND RELATED EXPERIENCE
Five Point Design will serve as the landscape architect on this project.

As part of the team, Five Point Design will focus on urban design elements that increase the comfort, beautification, and usability of Rush Street. We will work closely in partnership with KOA on the conceptual street design and with illustrations in plan view, street cross-sections, and with sketches. These recommendations will include street furniture, signage, and landscaping. Areas. Rush Street currently has very few street trees and planted parkways. To mitigate heat island impacts, it is critical to increase the urban forest. Five Point Design will provide recommendations for landscaped areas including street trees to soften the appearance of the street while adding important shade canopy to the street and sidewalk.

Five Point Design has worked on many streetscapes throughout Southern California, including Rosemead, Monrovia, and Covina.

In these projects, the goal is to beautify the street while adding character and civic identity. The streetscapes include both medians and parkways and serve as traffic calming devices. Importantly, the landscaped areas also provide many environmental benefits by addressing stormwater runoff and urban heat island.

TYPES OF SERVICES
Landscape Architecture
Civic Identity
Wayfinding

YEAR FOUNDED
2011

FORM OF THE

ORGANIZATION
Sole Proprietor

LOCATION OF OFFICES
Pasadena

PROJECT OFFICE

LOCATION
347 West Montana Street
Pasadena, CA 91103
(415) 640-4193

MAIN CONTACT
Jaime Yamashita
Principal
(415) 640-4193
[email protected]
SECTION 1 | FIRM PROFILE

SECTION 2:

PROJECT SPECIFIC APPROACH;

SCOPE OF WORK

6CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECT UNDERSTANDING

PROJECT UNDERSTANDING
South El Monte is one of the smallest cities in the San Gabriel Valley, both by population and size. However,
right in the center of the region, the city also serves as a manufacturing and employment hub. With over half of
the city’s jobs being in warehousing and manufacturing, there is significant truck traffic that traverses its streets.

In this regard, two corridors play a prominent role in
facilitating this type of travel: Rosemead Boulevard and Rush Street. Unlike Rosemead Boulevard, Rush Street
is a four lane, 35 miles-per-hour street that provides
direct access to warehousing and manufacturing uses
that serve as the city’s economic backbone.

Rush Street, looking eastbound
Rush Street is critical as it also serves as a community connector. On the west end, it provides direct access
to the Rio Hondo Bicycle Path, which connects people
on bicycles to the County’s regional bicycle network.

On the east end, Rush Street connects to the city’s
commercial and retail hub at the intersections of Peck
Road and Durfee Avenue. Lastly, north and south of the
corridor are the city’s residential neighborhoods. Due to these reasons, improving accessibility, connectivity, and safety along Rush Street is critical in improving overall mobility in South El Monte.

KOA understands that the City, in collaboration with
ActiveSGV, received a California Air Resources Board
(CARB) Sustainable Transportation Equity Project (STEP) grant in 2020. The STEP program focuses on improving
mobility equity by empowering communities to
enhance their transportation networks and reduce their
reliance on personal vehicles. This project’s goals is to re-envision Rush Street and explore potential roadway
design, urban greening, and safety improvements that
will facilitate access while making it easier and safer for residents, employees, and other road users to get
around via public transit, or by walking or bicycling.

KOA is excited to be proposing on this project. As one
of Southern California’s leading mobility planning and
engineering firms, our staff is keenly aware of what is required to make this project a success and positioning the City towards implementation.

PROJECT ISSUES AND APPROACH
To understand the granular issues associated with Rush
Street and to formulate the ideal approach for this
project, the KOA team conducted a field review of the
corridor. Our team reviewed three aspects:

1. Roadway Configuration

2. Sidewalk Conditions and Crossings

3. Urban Greening and Design

1. ROADWAY CONFIGURATION
As mentioned earlier, Rush Street is a four-lane
street that is classified as a Secondary Highway
according to the 2000 Circulation Element. Rush Street
provides direct access to numerous warehousing and
manufacturing businesses that line almost the entire
extent of the project corridor through several driveways and curb cuts.

Cargo truck turning left at the intersection of Tyler
Avenue and Rush Street
Due to the land uses, large vehicles use the corridor
and enter businesses using the several driveways.

As such, this requires that the traffic lanes be wide
enough to accommodate larger vehicles while also
providing adequate turning radii to allow them to safely maneuver through intersections.

SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK

7CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECT UNDERSTANDING Any concept that will explore converting the roadway
configuration to accommodate bicycle and pedestrian
traffic by reducing lane widths or the number of lane
will still require accommodating truck traffic and access to the businesses along the corridor.

IMPROVEMENT OPTIONS
In any concept design, KOA staff will consider this
by exploring traffic patterns as well as the key traffic generators along the corridor. For example, KOA plans
on conducting traffic counts to learn about traffic
directionality and understand which movements and
directions see the most traffic. Furthermore, key left
turn movements and other patterns will be assessed.

This will then allow our team to examine what type of
lane reconfiguration would be possible and how to
best balance the needs of existing businesses while
accommodating active mobility users and transit users.

A potential option that can balance the needs of all
users is to explore a limited roadway reconfiguration,
where instead of eliminating one lane of traffic in each direction, only direction has its travel lane removed
(ideally the direction with less traffic). This will allow on-street parking to remain, roadway capacity is
maintained along the most heavily used direction, and
roadway space is made available to accommodate
bicycle traffic, transit vehicle movements or expansion of sidewalk widths.

Person bicycling along north sidewalk along Rush Street Other options will be explored based on the data and
community desires. However, our team will consider all
options to ensure that the needs of all users are met.

2. SIDEWALK CONDITIONS & CROSSINGS
Sidewalks along Rush Street vary between five and
ten feet. On its own, that is not a terrible condition; however, what makes walking along the corridor
difficult and uninviting is that there are several power poles and other objects that break the walking flow
and path of travel. For example, in the location shown
in the image below, which is just east of Rosemead
Boulevard, there are several features that make walking challenging, including:
• Street trees
• Power poles
• Driveway curb cuts
• Proximity to fast-moving traffic (due to lack of
buffer between sidewalk and travel lane)
• Poor pedestrian-scale street lighting
Unfortunately for people who walk the corridor, these
conditions are not limited to this segment of Rush
Street and are common throughout.

South side sidewalk along Rush Street, east of Rosemead Boulevard
In addition to the difficult walking conditions along
sidewalks, street crossings can also be difficult. The
reason for this is twofold:

1. Poor crosswalk conditions

2. Long crossing distances
The crosswalks along several streets are poorly
maintained with faded paint and obstructions at the
intersections. Furthermore, several locations, as shown on the next page, have long crossing distances for
people to cross.

SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK

8CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECT UNDERSTANDING North leg crosswalk at the intersection of Santa Anita
Avenue & Rush Street

IMPROVEMENT OPTIONS
Potential interventions that would improve sidewalk
and crosswalk conditions range from easy to difficult.

Poor crosswalk conditions can be easily improved
with a fresh coat of paint and improved signage. The
pavement conditions would require rehabilitation in
certain areas, but overall crossings can be improved
inexpensively – if curb ramps are present, which for the most part they are.

Improving sidewalks can be difficult due to the
presence of utility elements and other features as
those cannot be as easily removed or shifted from the
path of travel. However, improvements can take place
by focusing on the worst areas and finding ways to
improve those. Furthermore, walking along Rush Street
can be made more inviting by adding more vegetation,
street trees (that do not intrude onto the path of travel), and pedestrian-scale lighting.

3. URBAN DESIGN AND GREENING
A third issue that was explored during our field review was the overall corridor streetscape. As shown in
various corridor photos, the roadway lacks street trees, vegetation, and any areas that create a sense of place
of people who are walking or bicycling along the street.

Furthermore, the lack of these facilities creates an
environment where motorists seek to speed through.

That said, there is evidence that some interventions
were made to create some general uniformity and
improve street design. For example, at the intersection of Santa Anita Avenue & Rush Street, the bus
stops feature aesthetically pleasing seating, trash
receptacles, and some vegetation is also provided.

Northwest corner of Santa Anita Avenue &
Rush Street

IMPROVEMENT OPTIONS
In bringing on Five Point Design, our team will explore urban greening opportunities throughout Rush Street.

This will be done by exploring opportunities areas
while building off previous efforts to beautify the
corridor. Our team will specifically look into the ways we can add comfort, beauty, and a sense of place to the corridor by identifying areas to maximize landscaping
as a beautification, street calming, and heat reduction strategy.

This will be done by surveying areas along the corridor that are empty and might be available for acquisition by the City to create pocket parks. Furthermore, parkway
sidewalk options will also be explored as well as any
opportunities created from a roadway reconfiguration.

Lastly, our team will also assess lighting elements.

SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK

9CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 SCOPE OF WORK

APPROACH
As discussed in the previous section, our team will take a holistic approach to ensuring that the enhancement
plan is one that explores all potential solutions while also considering all constraints. Furthermore, our team will make sure that community input is taken into
account and used to validate the issues and potential
improvements as proposed in any plan.

Our team understands that partnership with the
community and partners such as ActiveSGV will be
crucial to making this project a success, and our team is willing and able to ensure that is the case.

SCOPE OF WORK
TASK 1: PROJECT ADMINISTRATION
(This Task is reserved to ActiveSGV; KOA will have no
role.)
TASK 2: COMMUNITY ENGAGEMENT

2.1 COMMUNITY ENGAGEMENT PLAN
(No role anticipated for KOA.)

2.2 COMMUNITY ENGAGEMENT SURVEY
KOA will support ActiveSGV as-needed by providing
any necessary maps or other documentation needed
for survey.

2.3 COMMUNITY ENGAGEMENT – PUBLIC

WORKSHOPS
KOA will participate in the three public workshops.

Our role will be limited in supporting ActiveSGV.

However, our team will work with ActiveSGV and the
City to prepare any necessary concepts, summarize
existing conditions or any other analysis that has been conducted as part of KOA’s other tasks.

KOA staff will also be available to present and collect feedback, as necessary and as directed by ActiveSGV

2.4 COMMUNITY ENGAGEMENT – MATERIALS
KOA will support ActiveSGV with any materials or maps,
as necessary and as directed.

2.5 COMMUNITY ENGAGEMENT –

ADMINISTRATION
(No role for KOA.)
Task 2 Deliverables:
• KOA to attend and present at three public
workshops and prepare any supporting
materials for the meetings and to produce
the survey and other engagement materials.

TASK 3: DEVELOP RFP
(This Task is reserved to the City and ActiveSGV; KOA
will have no role.)
TASK 4: EXISTING CONDITIONS

4.1 DATA COLLECTION AND OPPORTUNITIES AND

CONSTRAINTS
KOA will work with the City and ActiveSGV to develop a
Data Needs memorandum that will outline the specific
data that our team will need to conduct the analysis.

Our team will also use that information and identify
corridor opportunities and constraints. In addition, our team will collect the necessary transit data, including boarding and alighting numbers from Metro to
determine locations of highest use and need.

Our team will prepare maps and conduct any GIS
analysis to summarize data that was collected. Our
team will also collect collision data along the corridor and note hot spots and primary collision factors that
led to the collisions. Maps such as the one below will
be prepared and packaged as part of the Existing
Conditions report.

Pedestrian collisions heat map prepared for the City of Bell Gardens
SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK

10CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 SCOPE OF WORK

4.2 GUIDE PLAN PREPARATION
Our team will review existing and planned land
uses, population characteristics, travel patterns and
projections along Rush Street and determine the
appropriate Plan elements. Furthermore, our team
will collect 24-hour daily traffic counts along three
screen line locations to determine traffic patterns and directionality.

This will allow KOA to determine what options serve the corridor best and ensure that any potential treatments
will maintain optional operational conditions for
existing businesses and stakeholders.

4.3 INVENTORY AND EVALUATE EXISTING

PEDESTRIAN AND BICYCLE FACILITIES
KOA will conduct a field walk along the corridor to
assess pedestrian and bicycling conditions, note
infrastructure and its condition. Our team will also work with the City to collect any information on end-trip
facilities such as bicycle parking and other elements.

Finally, our team will note bus stop conditions and
lighting elements.

4.4 NOTE PHYSICAL AND FUNCTIONAL

CONDITIONS ALONG RUSH STREET
The KOA team will study the physical conditions along
the corridor. As part of the field walk, our team will
note:
• Sidewalk conditions
• Lighting elements
• Pavement conditions at crossings
• On-street parking facilities
• Existing curb ramps, compliance with latest street
standards, and note deficiencies
• Bus stop conditions
• Vehicle speeds, turning movements, and other
patterns
Other conditions will be noted, as necessary and as
advised by the City.

Field review summary map prepared by KOA noting
street conditions in Duarte. A similar map will be
prepared for Rush Street.

4.5 EXISTING CONDITIONS REPORT
Our team will take all of this information and prepare
an existing conditions report that will summarize all
of these elements and lay the groundwork for the
corridor enhancement plan. KOA will work with the City
and ActiveSGV to note the table of contents and other
elements that they would like to be covered.

Task 4 Deliverables:
• Data needs list, collect land use, traffic, and
other mobility-related data along Rush
Street. Conduct a field walk to note bicycling,
pedestrian, and conditions of the entire
roadway. Prepare existing conditions report
and submit to the City and ActiveSGV.

TASK 5: PROJECT DESIGN

5.1 DEVELOP CORRIDOR ENHANCEMENT

CONCEPT
Based on the existing conditions report and the
data collected, the KOA team will prepare a corridor
enhancement concept. The concept will include several
elements that will facilitate communication to the
community. The concept plans will include sketches,
photos, and plan view drawings that will convey
the existing corridor condition as well as potential
improvement options. Below is a conceptual drawing
prepared for the Lake Avenue corridor in Pasadena.

SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK

11CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 SCOPE OF WORK Plan view concept design for Lake Avenue in Pasadena

5.2 DEVELOP CONCEPTUAL DESIGN

ALTERNATIVES
Our team will work with ActiveSGV and the City to
prepare up to three concept alternatives for the Rush
Street corridor. The three alternatives will feature
differences in roadway configuration and other
elements. KOA will prepare plan view concept designs
and prepare up to two photo renderings (as shown
below) for each alternative.

The KOA team, with Five Point Design, will be available to present at the public workshop meetings and note
feedback from stakeholders.

Photo rendering prepared for Badillo Avenue in Covina
by Five Point Design
Task 5 Deliverables:
• Develop corridor enhancement concept and
prepare plan view drawings and plans for
up to three alternatives. Photo renderings,
cross-sections, sketches, and photos will be
collected and prepared for each alternative.

Up to two photo renderings per alternative.

The KOA team will attend each public works
meeting to present and note input.

TASK 6: CORRIDOR ENHANCEMENT PLAN

6.1 PREPARE CORRIDOR ENHANCEMENT PLAN
KOA will work with ActiveSGV and the City to determine
the preferred alternative. KOA will then prepare the
Corridor Enhancement Plan document. The Plan will
include the existing conditions report, and will be
formatted in the following way (pending approval from
the City/ActiveSGV):
• Executive Summary
• Introduction
• Project Goals and Objectives
• Community Engagement
• Existing Conditions
• Alternatives Analysis and Recommendations
• Rush Street Concepts and Recommendations
• Programs/Policies and Facility Design/
Implementation
• Funding Strategies
• Appendices

6.2 FUNDING SOURCES
KOA will work with the City and ActiveSGV to develop
an implementation and funding strategy to work
out the accelerated roll-out of projects, and any
other suggested infrastructure and/or programming
recommendations. The funding strategy will include
information on: project prioritization, competitive
funding that is available (ATP, HSIP, Call for Projects), and other sources. Once those are identified, KOA will
work with the City and ActiveSGV to ensure that the
plans, recommendations, and any documentation is in
grant ready format. Maps, costs, and other materials
will be developed so that the City and their partners
can easily roll them into a grant application or other
funding request.

SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK

12CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 SCOPE OF WORK SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK

6.3 AND 6.4 PRESENT AND PUBLIC WORKSHOP AND SOLICIT FEEDBACK KOA will present the enhancement plan at any necessary public meeting and collect community feedback. Our team will be made available to customize materials as necessary and collect input from stakeholders.

6.5 COMPLETE CORRIDOR ENHANCEMENT PLAN
KOA will complete the enhancement plan based on input received from the community. Any input will be incorporated into the plan and addressed accordingly to ensure full transparency and reflection of community needs.

6.6 PRESENT AT CITY COUNCIL
KOA will be available to present at City Council and note any input received. KOA will address and adjust the Enhancement Plan accordingly.

VALUE ADDED TASK: COST ESTIMATES
Although not noted in the formal RFP, upon finalizing the recommendations, KOA’s engineering staff will then prepare cost estimates for each facility and associated treatments. The cost estimates will provide unit costs for each line item that would be required to construct each improvement. Upon coordination with City staff, KOA can make adjustments to inflation factors, contingencies, and any other cost assumptions.

Cost Estimates developed by KOA for the Bell Gardens Complete Streets Plan Task 6 Deliverables:
• Draft corridor enhancement plan, identify funding sources and lay out appropriate funding strategy, cost estimates, present plan at any public workshop and solicit feedback. Complete the enhancement plan and present at City Council.

TASK 7: DATA TRACKING AND REPORTING & TASK 8: PROJECT CLOSE-OUT (These Tasks are reserved to ActiveSGV; KOA will have no role.)

SECTION 2 | PROJECT SPECIFIC APPROACH | SCOPE OF WORK
13CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 SCHEDULE 2023
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
JAN

4.1 Data Collection ●

4.2 Guide Plan Preparation

4.3 Pedestrian and Bicycle Facilities ●

4.4 Physical and Functional Street Conditions ●

4.5 Existing Conditions Report ●

5.1 Develop Corridor Enhancement Concept ●

5.2 Develop Conceptual Design Alternatives ●

6.1 Prepare Corridor Enhancement Plan ●

6.2 Funding Sources

6.3 and 6.4 Present at Workshops and Solicit Public Feedback ●●

6.5 Complete Corridor Enhancement Plan ●

6.6 Present at City Council ●
● Meeting/Deliverable
TASK 7: DATA TRACKING AND REPORTING
TASK 8: PROJECT CLOSE OUT

PROPOSED SCHEDULE
2022
TASK 6: CORRIDOR ENHANCEMENT PLAN
TASK 5: PROJECT DESIGN
TASK 4: EXISTING CONDITIONS
TASK 2: COMMUNITY ENGAGEMENT
TASK 1: PROJECT ADMINISTRATION
TASK 3: DEVELOP RFP

SECTION 3:

PROPOSED PROJECT SPECIFIC STAFF

14CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 ORGANIZATIONAL CHART

ORGANIZATIONAL CHART
The organizational chart below reflects the proposed roles and organization of the KOA staff and subconsultants who will be assigned to perform and/or assist with the required services and deliverables. KOA has a capacity of over 105 qualified professionals available to perform services for this effort. Our project team was organized specifically for this project based on the skill set and experience of the staff and subconsultants.

SECTION 3 | PROPOSED PROJECT SPECIFIC STAFF

QA/QC MANAGER /

PRINCIPAL-IN-CHARGE

EXISTING CONDITIONS &

DATA ANALYSIS

PROJECT MANAGER

COMMUNITY

ENGAGEMENT SUPPORT

FACILITY DEVELOPMENT
& DESIGN
KOA
Five Point Design
* Bilingual - Spanish
# Bilingual - Chinese
LEGEND:

Min Zhou, PE #
Carlos Velásquez, AICP,
LCI *
Giuseppe Canzonieri, PE
Task Lead
Walter Okitsu, PE, PTOE,
PTP, RSP2I
Facility Development
Jaime Yamashita, RLA
Urban Design Guidance

CORRIDOR

ENHANCEMENT PLAN
Carlos Velásquez, AICP,
LCI *
Task Lead
Marisol Gonzalez *
Plan Development and
Funding
Victor Rodriguez, EIT *
Cost Estimates
Active SGV
Task Lead
Alberto Salgado *
Support and Meeting
Coordination
Ivy Hang #
Task Lead
Raquel Jimenez
GIS and Data Support
Saraí Osorio *
Mapping

15CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 STAFF RESUMES CARLOS VELÁSQUEZ, AICP, LCI
PROJECT MANAGER | VP, SENIOR PLANNER
KOA
Carlos Velásquez brings over 14 years of experience working and leading numerous mobility projects throughout the southern California. He has worked on circulation elements, way-finding inventory and signage plans, bicycle and pedestrian plans, safe routes to school countermeasure design and implementation projects, non-motorized facility design, and active transportation grant application development. In the last six years at KOA, Carlos has managed projects totaling over $5-million in contract value, including numerous subconsultants. He is currently wrapping up a multi-year, million-dollar safe routes to school project with LADOT, which required extensive bilingual engagement, bikeway and pedestrian facility concept design and feasibility analysis, and grant application preparation; these efforts led to funding and implementation.

In the last five years, Carlos has managed three projects that have had several proposed treatments go into implementation. For example, in the City of Burbank, Carlos managed a Safe Routes to School Project that resulted in the construction of curb extensions at two school sites - the treatments were completed within 18 months of KOA starting the project.

Other rapid-implementation projects include the aforementioned SRTS project for LADOT and another SRTS project in the City of Downey.

Carlos understands what it takes to implement mobility projects and will bring that same level of expertise to the City of South El Monte.

RELEVANT EXPERIENCE
Bell Gardens Citywide Complete Streets, City of Bell Gardens 2020 Transportation Planning Award of Merit, APA-Los Angeles Project Manager. KOA worked closely with City staff to develop a tailored community outreach plan that was inclusive of all the city’s residents.

Using input acquired from the public outreach events and collected by staff, KOA developed a complete streets plan for the major street typologies in the City. This included recommendations for addressing traffic safety, vehicle/pedestrian conflicts, and recommendations to accommodate all modes of transportation. Furthermore, KOA also recommended and designed a Low Stress Network for local/residential streets. The network includes traffic calming elements to improve safety and encourage more bicycle and pedestrian usage of these streets.

Safe Routes to School Plans for the Top 50 Schools with Most Need, City of Los Angeles Department of Transportation
2019 ASCE Los Angeles Outstanding Small Project of the Year Award Project Manager. KOA conducted community engagement and developed specific bicycle and pedestrian countermeasures to improve safety around 41 of the Top 50 schools with the most collisions within the Los Angeles Unified School District (LAUSD). KOA worked with LADOT, StreetsLA, LAUSD, and school staff to coordinate walking safety assessment events with parents and students to identify safety problems and assess solutions to improve conditions. The public engagement process has been recognized in the industry at conferences such as National Association City Transportation Officials (NACTO) and the American Planning Association (APA).

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

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

EXPERIENCE
8 Years with KOA
14 Years in Industry

BILINGUAL
English, Spanish

PROFESSIONAL

AFFILIATIONS
American Planning
Association
Urban Land Institute
Young Professionals in
Transportation
League Certified
Instructor, League of
American Bicyclists
SECTION 3 | PROPOSED PROJECT STAFF

16CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 STAFF RESUMES CARLOS VELÁSQUEZ, AICP, LCI
PAGE 2
Bicycle and Pedestrian Master Plan, City of Commerce
Project Manager. KOA prepared the City’s first bicycle and pedestrian master plan. KOA was responsible for public outreach, data collection/ analysis, network development, project prioritization, cost estimates, and final plan production. As a part of the process, KOA crafted an engagement action plan for the City’s residents, the local industrial council, and major goods movement stakeholders. A key aspect of the plan was connecting the City’s disparate neighborhoods to each other and to destinations outside of the city.

Pico Boulevard Pedestrian Safety Improvement Project, City of Santa Monica
Principal. KOA provided the City of Santa Monica with civil and traffic engineering design services for the Pico Boulevard Pedestrian Safety Improvements Project. The project included: alternatives analysis, public outreach, preparation of street improvement, signing & striping, traffic signal, street lighting, plans, specifications and estimates (PS&E) for pedestrian improvements at five locations along Pico Boulevard, and construction support. The project locations are: Pico Boulevard & 16th Street, 17th Street, 19th Street, 21st Street, 22nd Street, and Cloverfield Boulevard. Improvements along the corridor included curb extensions, ADA compliant curb ramps, protected intersection, Class IV bike lanes, bicycle signals, roadway narrowing, median refuge islands for RRFB crossing, and bus stop relocations. The project was funded through ATP and included coordination with various departments at the City of Santa Monica, Southern California Edison, and Big Blue Bus.

Downey Safe Routes to School and PS&E, City of Downe
Project Manager. KOA assisted the City of Downey to prepare a Safe Routes to School study and engineering plans for five schools located in the southern part of the City. The project also involved conducting safety education programming at each school. This involved student-oriented safety workshops, parent workshops, and promoting a culture of safety around these schools. KOA conducted engagement, field review, walk audits, and developed safety infrastructure improvements for each school.

KOA also developed full construction plans for sidewalk and curb ramp improvements around each school.

Pasadena North Lake Avenue Traffic and Pedestrian Safety Enhancement Plan, City of Pasadena
Project Manager. KOA is currently developing a concept design plan to enhance traffic and pedestrian safety along North Lake Avenue between Maple Street and Mountain Street. KOA utilized a variety of tools including Streetlight Data, ClearGuide, RoadSafe GIS, and others to assess the traffic operation and to understand the travel pattern along North Lake Avenue.

A project website built on an e-learning platform Articulate 360 has been developed to provide a virtual open house experience for the interested parties and the general public.

17CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 STAFF RESUMES

MIN ZHOU, PE
QA/QC MANAGER | PRINCIPAL-IN-CHARGE |
CEO/PRESIDENT | KOA
Min Zhou has 30 years of transportation engineering and planning experience with both private consultant companies and public agencies.

She is knowledgeable in roadway design, traffic design, transportation modeling and studies, non-motorized transportation, database management, and statistical analysis. Min has managed several largescale projects involving multiple stake holder groups and has a reputation of delivering projects on-time and under budget.

RELEVANT EXPERIENCE
Traffic Engineering and Consulting Services for Apple Valley SR-18 Corridor Enhancement Plan, Town of Apple Valley
Project Manager. One of the key challenges in the “Village” commercial community was access to the properties from SR 18. As a four-lane divided highway with parallel frontage roads that provide only limited parking and sidewalks, direct access to most of the businesses was not possible. In answer to this, the Town received Caltrans’ Sustainable Communities Award, in order to examine transportation improvements along the Highway 18 corridor and to create a “Complete Street” that would provide transportation provisions for motorists, pedestrians, and bicyclists. For this project, our team reviewed the corridor’s existing conditions and provided evaluations and recommendations based on the collected data. We prioritized projects based on the recommendations and discussed strategies for implementing and funding them.

Bell Gardens Citywide Complete Streets, City of Bell Gardens Principal-in-Charge. KOA worked closely with City staff to develop a tailored community outreach plan that was inclusive of all the city’s residents. Using input acquired from the public outreach events and collected by staff, KOA developed a complete streets plan for the major street typologies in the City. This included recommendations for addressing traffic safety, vehicle/pedestrian conflicts, and recommendations to accommodate all modes of transportation.

Furthermore, KOA also recommended and designed a Low Stress Network for local/residential streets. The network includes traffic calming elements to improve safety and encourage more bicycle and pedestrian usage of these streets.

Daisy/Myrtle 10-Mile Bike Boulevard PS&E Design, City of Long Beach
Project Manager. KOA conducted a feasibility study and prepared plans, specifications, and cost estimates (PS&E) for a 10-mile bike facility along Daisy Avenue and Myrtle Avenue in the City of Long Beach. This northsouth bikeway project provides connections from Downtown Long Beach to North Long Beach through multiple neighborhoods and several schools with close to 2,000 students combined. It brought traffic calming and multimodal improvements to the corridor through treatments such as roundabouts, mini traffic circles, pedestrian refuge islands, a traffic signal, bicycle detectors, and other greenway facilities. KOA provided construction assistance services during the City’s implementation of the designs.

EDUCATION
Masters of Urban and
Regional Planning
(MURP), School of
Architecture, Tsinghua
University, Beijing,
China
MS, Civil Engineering,
Michigan State
University
BS, Urban Planning,
School of Architecture,
Tongji University,
Shanghai, China

REGISTRATIONS
Professional Engineer
(PE), Civil, CA #66448

EXPERIENCE
15 Years with KOA
30 Years in Industry

BILINGUAL
English, Chinese

PROFESSIONAL

AFFILIATIONS
Institute of
Transportation
Engineers (ITE), Former
Complete Streets
Council Executive
Committee
Women’s Transportation
Seminar
International Chinese
Transportation
Professional Association
SECTION 3 | PROPOSED PROJECT STAFF

18CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 STAFF RESUMES

IVY HANG
EXISTING CONDITIONS AND DATA ANALYSIS | TASK LEAD
KOA

EDUCATION
BS, Urban and Regional
Planning, California State
Polytechnic University,
Pomona
BS, Minor in Geographic
Information Systems,
California State Polytechnic
University, Pomona

BILINGUAL
English, Chinese
SECTION 3 | PROPOSED PROJECT STAFF
Ivy Hang is a Senior Associate Planner at KOA with more than 13 years of experience in transportation/transit planning. Ivy has prepared numerous traffic impact studies, parking studies, and sections of environmental documents. She has performed traffic operation analyses, construction impact analyses, parking demand and shared parking analyses, signal warrant analyses, vehicle queuing calculations, etc. She is proficient in data collection and managing large datasets. Ivy is an expert in Geographic Information Systems (GIS). Ivy is a Senior Associate Planner at KOA with more than 13 years of experience in transportation/transit planning.

Ivy has prepared numerous traffic impact studies, parking studies, and sections of environmental documents. She is proficient in data collection and managing large datasets.

RELEVANT EXPERIENCE
• Moonridge Road Complete Street Design, Big Bear Lake
• Pasadena North Lake Avenue Traffic and Pedestrian Safety Enhancement Plan, Pasadena
• Delta Avenue Bicycle Boulevard, Long Beach
• Beverly/Robertson Streetscape, West Hollywood
• Bicycle and Pedestrian Master Plan, Commerce
• Santa Clarita Safe Routes to School Plan, Santa Clarita • Huntington Drive Safe Streets Corridor Plan, San Marino

GIUSEPPE CANZONIERI, PE
FACILITY DEVELOPMENT AND DESIGN | TASK LEAD
KOA
Giuseppe Canzonieri is a Senior Engineer with KOA. He has performed numerous projects for both public and private developments throughout Southern California. He has considerable experience working with roadway design, traffic signal design, signing & striping design, traffic control design, construction specifications and cost estimates. He has served as project manager and project engineer on several civil and traffic engineering design projects for several Cities throughout Southern California. Giuseppe is also known for his quality control capabilities and providing clients with high quality construction documents.

RELEVANT EXPERIENCE
• Pico Boulevard Pedestrian Safety Improvement Project, Santa Monica
• Foothill Boulevard Master Plan Implementation, Claremont • Daisy/Myrtle 10-Mile Bike Boulevard PS&E Design, Long Beach • Rosemead Boulevard Safety Enhancements Design/Study,
Rosemead
• Mountain Street Complete Streets Project, Pasadena
• LADOT Safe Routes to School (SRTS) PS&E, Los Angeles
• North Lake Avenue Traffic and Pedestrian Safety Enhancement Plan, Pasadena
• Downey Bike Master Plan Phase 1, Downey

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

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

SKILLS/TRAINING
AutoCAD, Civil 3D,
Microstation

19CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 STAFF RESUMES

WALTER OKITSU, PE, PTOE, PTP,
RSP2I
FACILITY DEVELOPMENT AND DESIGN | FACILITY DEVELOPMENT
KOA

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

REGISTRATIONS
Professional Engineer (PE),
Civil, CA #52655
Professional Engineer (PE),
Traffic, CA #1406
SECTION 3 | PROPOSED PROJECT STAFF
Walter Okitsu is a VP/Principal at KOA and has extensive experience in transportation planning and traffic design. He is responsible for a wide variety of highway, transit way and bikeway projects which includes design for traffic signals, street lighting, signing & striping, and worksite traffic control. He collaborates with company-wide project managers to ensure the delivery of high-quality products to our clients. Walter has field and managerial experience on traffic impact, feasibility analysis, and circulation projects. Most recently, Walter was awarded the 2020 Lifetime Achievement Award by Institute of Transportation Engineers (ITE) - Southern California Section.

RELEVANT EXPERIENCE
• Traffic Engineering and Consulting Services for Apple Valley SR18 Corridor Enhancement Plan, Town of Apple Valley • Bell Gardens Citywide Complete Streets, Bell Gardens
• Pico Boulevard Pedestrian Safety Improvement Project, Santa Monica
• SCAG Central Santa Ana Complete Streets Plan, Santa Ana • Foothill Boulevard Master Plan Implementation, Claremont • Palm Avenue Commercial Corridor Master Plan, Imperial Beach • Daisy/Myrtle 10-Mile Bike Boulevard PS&E Design, Long Beach

JAIME YAMASHITA, RLA
FACILITY DEVELOPMENT AND DESIGN | URBAN DESIGN
GUIDANCE | Five Point Design
With over 15 years of professional experience, Jaime Yamashita has been responsible for managing multi-disciplinary public works projects and leading community outreach events. Her recent projects including gateway and monument signage, median improvements, and park design. She has managed final PS&E packages for the cities of Monrovia, Bellflower, Covina, Rosemead, and Monterey Park. She has also worked on city visioning, signage, and wayfinding projects for the cities of Barstow, San Dimas, Monrovia, and Commerce. She brings project and client management, quality assurance, and construction administration experience to high quality municipal projects and public spaces. Her strengths include a rigorous attention to detail and quick problem-solving skills that bring projects to fruition on time, on budget, and with minimal change orders. She excels at coordination among numerous disciplines and multiple stakeholders, agencies, and granting organizations.

RELEVANT EXPERIENCE
• Badillo Street, Covina
• Banna Park, Covina
• Huntington Drive Landscape Improvements and Monument
Signage, Monrovia

EDUCATION
Master of Landscape
Architecture, California
State Polytechnic University,
Pomona
BA, Neuroscience, Pomona
College

REGISTRATIONS
Registered Landscape
Architect, CA #5571

SECTION 4:

SIMILAR PROJECTS AND REFERENCES

20CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECTS & REFERENCES SECTION 4 | PROJECTS & REFERENCES
APPLE VALLEY SR-18 CORRIDOR

ENHANCEMENT PLAN

TOWN OF APPLE VALLEY, CA
KOA
One of the key challenges in the “Village” commercial community was access to the properties from SR 18. As a four-lane divided highway with parallel frontage roads that provide only limited parking and sidewalks, direct access to most of the businesses was not possible. In answer to this, the Town received Caltrans’ Sustainable Communities Award, in order to examine transportation improvements along the Highway 18 corridor and to create a “Complete Street” that would provide transportation provisions for motorists, pedestrians, and bicyclists. For this project, our team reviewed the corridor’s existing conditions and provided evaluations and recommendations based on the collected data. We prioritized projects based on the recommendations and discussed strategies for implementing and funding them. We invited Caltrans staff to our kick-off meeting to ensure accuracy in following the grant guidelines. The topics addressed for the grant included sustainability, preservation, mobility, safety, innovation, economy, health, and equity. KOA’s approach to public outreach included data collection, field observation, online and interception surveys, community meetings, and presentations.

STAFF: Min Zhou, Walter Okitsu, Ivy Hang

BELL GARDENS CITYWIDE COMPLETE

STREETS

BELL GARDENS, CA
KOA
KOA recently finalized work on the City’s award-winning Citywide Complete Streets Plan. For this project, KOA worked closely with City staff to develop a tailored community outreach plan that was inclusive of all the city’s residents. Using input acquired from the public outreach events and collected by staff, KOA developed a complete streets plan for the major street typologies in the City. This included recommendations for addressing traffic safety, vehicle/pedestrian conflicts, and recommendations to accommodate all modes of transportation. Furthermore, KOA also recommended and designed a Low Stress Network for local/residential streets. The network includes traffic calming elements to improve safety and encourage more bicycle and pedestrian usage of these streets. A unique feature within this Plan is KOA’s nuanced approach to setting it up for implementation. KOA did this by ‘packaging’ each street and its recommended treatments as an individual project. KOA then prepared cost estimates for each miniproject and ranked them based on a set of tailored criteria. Thanks to KOA’s efforts, the City was awarded $7-million in construction funds through ATP Cycle 5. The project was the recipient of the American Planning Association - Los Angeles Chapter’s Transportation Planning Award of Merit.

STAFF: Carlos Velásquez, Min Zhou, Walter Okitsu, Alberto Salgado

REFERENCE
Chau Vu
City of Huntington Beach
(Formerly with City of Bell
Gardens)
(714) 374-5345
[email protected]

DURATION
2/2018 - 4/2020
FEE
$120,470

REFERENCE
Rich Berger
Project Manager
Town of Apple Valley
(760) 240-7000 Ext. 7530
[email protected]

DURATION
10/2017 - 9/2019
FEE
$260,000

21CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECTS & REFERENCES SECTION 4 | PROJECTS & REFERENCES

PICO BOULEVARD PEDESTRIAN SAFETY

IMPROVEMENT PROJECT

SANTA MONICA, CA
KOA
KOA provided the City of Santa Monica with civil and traffic engineering design services for the Pico Boulevard Pedestrian Safety Improvements Project. The project included: alternatives analysis, public outreach, preparation of street improvement, signing & striping, traffic signal, street lighting, plans, specifications and estimates (PS&E) for pedestrian improvements at five locations along Pico Boulevard, and construction support. The project locations are: Pico Boulevard & 16th Street, 17th Street, 19th Street, 21st Street, 22nd Street, and Cloverfield Boulevard. Improvements along the corridor included curb extensions, ADA compliant curb ramps, protected intersection, Class IV bike lanes, bicycle signals, roadway narrowing, median refuge islands for RRFB crossing, and bus stop relocations. The project was funded through ATP and included coordination with various departments at the City of Santa Monica, Southern California Edison, and Big Blue Bus.

STAFF: Carlos Velásquez, Walter Okitsu, Giuseppe Canzonieri

SCAG CENTRAL SANTA ANA COMPLETE

STREETS PLAN

SANTA ANA, CA
KOA
The Central Santa Ana Complete Streets Plan provided improvement recommendations for 10 major corridors in Central Santa Ana, including: Edinger Avenue, McFadden Avenue, Raitt Street, Willits Street, Flower Streets, Fairview Street, 5th Street, 1st Street, Orange Avenue, and Saint Andrew Place. KOA assisted with the design development by conducting engineering field review, providing engineering oversight for all pedestrian and bicycle improvements, and producing conceptual plans for seven corridors. KOA staff also assisted in the community outreach, provided facilitation and Spanish translation to community participants. This plan identified Complete Streets methods and designs to improve walking and bicycling conditions within the Central area of Santa Ana. It detailed recommendations for physical changes to the lanes, medians, sidewalks, curb ramps, and intersections (crosswalks and traffic signals) that could provide safe modes of active transportation within these corridors. These detailed recommendations were responses to the data for bicycle and pedestrian collisions at mid-blocks and intersections (signalized and non-signalized).

STAFF: Min Zhou, Walter Okitsu, Ivy Hang

REFERENCE
Mike Singleton
Principal
KTU+A
(619) 294-4477 Ext. 134
[email protected]

DURATION
12/2015 - 7/2017
FEE
$54,240

REFERENCE
Joseph SanClemente, PE
Public Works Director
City of Hermosa Beach
(Formerly with City of Santa
Monica)
(310) 318-0214
jsanclemente@
hermosabeach.gov

DURATION
7/2019 - 3/2021
FEE
$235,441

22CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECTS & REFERENCES SECTION 4 | PROJECTS & REFERENCES

FOOTHILL BOULEVARD MASTER PLAN

IMPLEMENTATION

CLAREMONT, CA
KOA
KOA assisted the City to prepare plans, specifications and estimates (PS&E) to implement the Foothill Boulevard Master Plan in the City of Claremont. The project is contained to a two-mile stretch along Foothill Boulevard between Town Avenue and The City Boundary.

The initial phases of the project included a comprehensive traffic impact study, geotechnical investigation (including percolation test), and hydrology study. The design team utilized the preliminary data to develop three concept plans including protected intersections, Class IV bikeway integration, bio-retention/infiltration, and drought tolerant landscape. The preferred alternative included roadway improvements, bio-retention planters, 21 drywells, 900-feet of new storm drains, Class II & IV bicycle lanes, intersection bulb-outs, median and parkway landscaping/irrigation, traffic signal modification, sidewalk improvements, street/pedestrian lighting, and entry monuments. KOA led the team of consultants throughout the design, bid, and construction phases. In addition, KOA provided construction management and inspection service. This project won the American Public Works Association (APWA) 2020 Best Award for Storm Water Quality. This project also won the ASLA Southern California Chapter Transportation/ Multi-modal award.

STAFF: Walter Okitsu, Giuseppe Canzonieri, Victor Rodriguez

PASADENA ALLEN STATION GOLD LINE

SAFETY ENHANCEMENT PROJECT

PASADENA, CA
KOA
KOA worked with the City of Pasadena to create a new street vision for Allen Avenue, between Villa Street and Colorado Boulevard.

The project involved developing a concept design that reflected neighborhood concerns by incorporating safety enhancements that improved walkability and enhanced connections to the Metro Gold Line station at Allen Avenue. KOA and the City led outreach efforts, which included developing a project website, four community workshops, an intercept survey at the Allen station, and an online survey for the public to provide input. KOA provided engineering concept design plans and cost estimation. The proposed safety countermeasures included sidewalk and curb extensions, buffered bike lanes, high visibility crosswalks, a kiss-and-ride zone, improved landscaping and pedestrian lights, and more. In addition, KOA staff prepared 3D renderings that were used in the public outreach meetings. The project gained much support from the local communities. The City is currently looking for funding to implement the project. A quick-build grant has been secured by the City from SCAG’s Sustainable Communities Program.

STAFF: Min Zhou, Walter Okitsu, Giuseppe Canzonieri

REFERENCE
Armin Kheirmand
Associate Engineer
City of Pasadena
(626) 744-7224
akheirmand@
cityofpasadena.net

DURATION
3/2018 - 3/2019
FEE
$180,000

REFERENCE
Vincent Ramos
Assistant Engineer
City of Claremont
(909) 399-5395
[email protected]

DURATION
6/2016 -2/2021
FEE
$1,800,000

23CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECTS & REFERENCES SECTION 4 | PROJECTS & REFERENCES
DAISY/MYRTLE 10-MILE BIKE BOULEVARD

PS&E DESIGN

LONG BEACH, CA
KOA
KOA conducted a feasibility study and prepared plans, specifications, and cost estimates (PS&E) for a 10-mile bike facility along Daisy Avenue and Myrtle Avenue in the City of Long Beach. This northsouth bikeway project provides connections from Downtown Long Beach to North Long Beach through multiple neighborhoods and several schools with close to 2,000 students combined. It brought traffic calming and multimodal improvements to the corridor through treatments such as roundabouts, mini traffic circles, pedestrian refuge islands, a traffic signal, bicycle detectors, and other greenway facilities.

KOA provided construction assistance services during the City’s implementation of the designs. Through the project development process, KOA worked closely with City staff, conducted public outreach, and managed more than four subconsultants. The four roundabouts designed by KOA are located at: Myrtle Avenue at Harding Avenue, Linden Avenue at Bixby Road, Linden Avenue at Harding Avenue, Myrtle Avenue at 70th Street. This project was awarded the 2019 Engineering Excellence Honor Award from the ACEC California Chapter.

STAFF: Min Zhou, Walter Okitsu, Giuseppe Canzonieri

ROSEMEAD BOULEVARD SAFETY

ENHANCEMENTS DESIGN/STUDY

TEMPLE CITY, CA
KOA
KOA produced conceptual geometrical layouts along a two-mile segment of Rosemead Boulevard from Callita Street near the northern City boundary to the railroad grade separation at the southern City boundary. A unique feature of this project is the separated bike lanes, or cycle tracks, situated between the parking lanes and sidewalks. The plan identified locations for proposed curb lines, bulb-outs, center raised medians and verified the feasibility of providing adequate lane widths, transitions, and on-street parking lanes. KOA also conducted traffic impact and parking analyses for the project and worked with the City. The final design plans included preparation of signing & striping plans and traffic signal modifications plans to accommodate the proposed bulb-outs and installation of Class II bike lanes, as well as upgrade of traffic signal equipment. KOA also prepared street lighting and decorative pedestrian lighting plans along the route to enhance pedestrian safety. This project received a 2013 Planning Excellence in Implementation Award from the American Planning Association Los Angeles Chapter (APA LA), 2014 Merit Award in Urban Design from the AIA California Council, won the ASLA Southern California Chapter “Quality of Life” award (2014), and was selected for a “Best 10 new bike lanes of 2014” recognition from the PeopleforBikes organization.

STAFF: Walter Okitsu, Giuseppe Canzonieri

REFERENCE
Jerry Selby
City of Imperial Beach
(619) 424-2226

DURATION
1/2011 - 9/2014
FEE
$253,385

REFERENCE
Onofre Ramirez
Senior Civil Engineer
City of Long Beach
(562) 570-6183
onofre.ramirez@longbeach.
gov

DURATION
8/2012 - 4/2019
FEE
$730,000

24CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECTS & REFERENCES SECTION 4 | PROJECTS & REFERENCES

HUNTINGTON DRIVE LANDSCAPE

IMPROVEMENTS AND MONUMENT SIGNAGE

MONROVIA, CA
Subconsultant - Five Point Design
Huntington Drive serves as one of major thoroughfares through the City of Monrovia. This 2.1 mile stretch of roadway was entirely redesigned with new drought tolerant landscaping and hardscape within the median. The landscape has transformed dead turf into a lush median with ample shade trees. Large monumentation signage was designed at the gateways to the city and will be installed in early 2022. Ms. Yamashita served as principal in charge and designed and managed the construction of this project.

BADILLO STREET IMPROVEMENTS

COVINA, CA
Subconsultant - Five Point Design
Badillo Street is an arterial road in the City of Covina. As part of an overall street improvement plan, new hardscape and landscape were designed for the medians and parkways. With the assistance of grant funding, this project added numerous ecological benefits to this site.

Bioswales were added to redirect stormwater runoff. Water is able to infiltrate the surrounding soil. Trash and pollutants are filtered with the use of rock, gravel, and landscaping to address “first flush” pollutants from entering into the storm channel system. Additionally, numerous trees were added to medians and sidewalks to increase the shade canopy on this busy road.

REFERENCE
Tina Cherry
Director of Community
Services
City of Monrovia
(626) 256-8226
[email protected]
STAFF
Jaime Yamashita

REFERENCE
Rafael Fajardo
City Engineer
City of Covina
(626) 384-5490
[email protected]
STAFF
Jaime Yamashita

25CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 PROJECTS & REFERENCES SECTION 4 | PROJECTS & REFERENCES

BANNA PARK

COVINA, CA
Subconsultant - Five Point Design
This project incorporates a variety of interactive and educational elements into its two acres. Activity focused features include a naturethemed play area, a zipline, fitness paths, adult exercise equipment, two adjacent dog parks, a bike path, and chess tables. A vibrant and drought tolerant landscape is used throughout the park and includes bioswales, native California plantings, and plants related to the state’s agricultural and cultural history.

REFERENCE
Brian Lee
Director of Community
Development
City of Covina
(626) 384-5450
[email protected]
STAFF
Jaime Yamashita

SECTION 5:

CITY STANDARD CONTRACT

26CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 CITY STANDARD CONTRACT

PROPOSED EDITS TO CITY STANDARD CONTRACT
KOA acknowledges receipt of the “Professional Services Agreement” template. Our surety has reviewed the Indemnification clause and respectfully proposes the following revisions for more suitable con-formance to industry standards and state regulations.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend indemnify any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including reasonable legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, reasonable legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

SECTION 5 | CITY STANDARD CONTRACT

SECTION 6:

REQUIRED ATTACHMENTS

27CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 REQUIRED ATTACHMENTS Please see following pages for Required Attachments, as outlined below:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
SECTION 6 | REQUIRED ATTACHMENTS

28CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 REQUIRED ATTACHMENTS

ATTACHMENT A - AFFIDAVIT OF NON-COLLUSION

PRIME CONSULTANT - KOA
SECTION 6 | REQUIRED ATTACHMENTS

29CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 REQUIRED ATTACHMENTS

ATTACHMENT A - AFFIDAVIT OF NON-COLLUSION

SUBCONSULTANT - FIVE POINT DESIGN
SECTION 6 | REQUIRED ATTACHMENTS

30CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 REQUIRED ATTACHMENTS

ATTACHMENT A - AFFIDAVIT OF NON-COLLUSION

SUBCONSULTANT - FIVE POINT DESIGN
SECTION 6 | REQUIRED ATTACHMENTS

31CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 REQUIRED ATTACHMENTS

ATTACHMENT B - CLAIMS HISTORY

PRIME CONSULTANT - KOA
KOA’s current pending litigation or claims filed against our firm, principals of our firm, or each of our key consultants, related to services performed for public agencies, or in actions that may affect our performance for public agencies consist of the following:

1. KOA is one of 12 co-defendants in an active lawsuit in San Bernardino County. KOA was not a participant in the design of an intersection where an accident occurred. KOA’s attorney is preparing a partition for a summary judgment requesting KOA be dismissed from the lawsuit.

2. In April 2017, KOA was hired by WMWD to provide construction management and investiga-tion services on the LSP. Due to alleged errors and deficiencies in Webb’s design, the project was delayed and experienced significant cost overruns. Ultimately, the project was completed in June 2019, and resulted in cost overruns in excess of $1 million. On May 1, 2019, WMWD in-itiated this lawsuit by filing a complaint against Webb for (1) professional negligence; (2) breach of contract; and (3) breach of express warranty. [1] WMWD seeks to recover at least $1 million in damages from Webb. On January 2, 2020, Webb filed a cross-complaint against WMWD, C Below, Inc., KOA and Rasic.[2] In its cross-complaint, Webb alleges one cause of action against KOA, which is equitable indemnity; and four causes of action against Rasic and C Below, Inc. for breach of contract, express indemnity, equitable indemnity, and declaratory relief. KOA is also in the process of filing a Summary Judgment request claiming no merit to involve KOA in the counter suit by Webb.

SUBCONSULTANT - FIVE POINT DESIGN
Five Point Design certifies that the firm has not had any of the following events (as listed in Attachment B - Claims History) within the past ten (10) years.

SECTION 6 | REQUIRED ATTACHMENTS

APPENDIX:

WORK SAMPLES

32CITY OF SOUTH EL MONTE | RUSH STREET CORRIDOR ENHANCEMENT PLAN; NO. STEP-PG-04 WORK SAMPLES Please see following pages for KOA’s Work Samples.

APPENDIX | WORK SAMPLES

WORK SAMPLES

CATEGORY COMPANY AGENCY PROJECT SAMPLE
Plan KOA SCAG San Bernardino County Morongo Basin Active Transportation Plan Plan KOA Indio Indio Complete Streets & Drainage Plan
Indio Safe Routes to School Plan
Outreach KOA SCAG Go Human Walk & Bike Audit Logistics Plan & Field sheet Outreach KOA Varies Walk Audit In-person & Virtual Options Outreach KOA LA Metro Online e-learning Platform used for virtual engagement English | Spanish
Design KOA Irvine Irvine SATP – Technology Assessment
Cost Estimates KOA Varies OCTA D5 Bikeway Feasibility Study Plan KOA LACDPW Los Angeles Regional Bike Path Project PSR Plan KOA Moreno Valley Juan Bautista de Anza Trail Improvement Study Analysis KOA Varies
City of Ontario Pedestrian LOC and Bicycle LTS Analyses City of Ontario Streetlight Big Data Analyses and Factsheets City of Montclair Community Needs Assessment

Sample toolbox created by KOA for a workshop to illustrate the different features available to activate Garden Grove’s downtown.

WORK SAMPLES

Concept boards used by KOA to present different corridor alternatives at in-person and virtual workshops for Garden Grove Active Downtown Plan

WORK SAMPLES

WORK SAMPLES

WORK SAMPLES

WORK SAMPLES

Sample Bicycle Level of Traffic Stress and Pedestrian Level Of Comfort ranking schemes and scoring parameters used for the City of Ontario Active Transportation Master Plan prepared by KOA

WORK SAMPLES

KOA analyzed bicycle LTS and pedestrian LOC using custom parameters to incorporate the many distinctive roadway classifications for the City of Ontario

WORK SAMPLES

Project factsheet prepared to support a SRTS plan to be used for grant writing prepared by KOA for LADOT SRTS Top 50 Schools.

WORK SAMPLES

KOA’s Corridor Priority Model that can be customized.

WORK SAMPLES

The following is an example of a Safe Routes to School Plan (1 of 50) prepared by KOA for an elementary school for LADOT showing overall recommendation map, detailed proposed improvements and detailed drawings

WORK SAMPLES

WORK SAMPLES

www.koacorp.com
LOS ANGELES | CORPORATE OFFICE
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
(323) 260-4703

ORANGE COUNTY OFFICE
2141 W. Orangewood Avenue
Orange, CA 92868
(714) 573-0317

INLAND EMPIRE OFFICE
3190 Shelby Street, Bldg C.

Ontario, CA 91764
(909) 890-9693

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

COACHELLA VALLEY OFFICE
78-405 Via Caliente
La Quinta, CA 92253
(760) 694-1716

WESTSIDE OFFICE
300 Corporate Pointe, Suite 470
Culver City, CA 90230
(310) 473-6508
MC11188

ATTACHMENT C

01257.0001/765846.1 1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and

KOA CORPORATION

01257.0001/765846.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND

KOA CORPORATION
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 25th day of January, 2022 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and KOA Corporation, a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. In August 2020, the City, submitted an Implementation of Planning and Capacity Building Grant Proposal for the Sustainable Transportation Equity Project (STEP).

B. In October 2020, the City received a STEP grant award from California Air Resources Board (CARB) in the amount of $205,108.50 (plus a required resource contribution of $7,904.38) for the Rush Street Corridor Enhancement Plan.

C. The Grant Agreement for the CARB STEP grant award was approved by City Council on April 27, 2021.

D. In November 2021, City sought, by issuance of a Request for Proposals for the performance of the services defined and described particularly in Article 1 of this Agreement.

E. City received three (3) proposals for the solicited services on or about December 15, 2021.

F. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
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:

ARTICLE 1. SERVICES OF CONSULTANT

01257.0001/765846.1 2

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 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 this Agreement.

Consultant 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 Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and

01257.0001/765846.1 3
restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other 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 may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 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 costs 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 or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

01257.0001/765846.1 4
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 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 One Hundred Seven Thousand Eight Hundred Sixty One Dollars and Eighty Cents ($107,861.80) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 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 contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

01257.0001/765846.1 5
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, or as provided in Section 7.3, 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 City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

ARTICLE 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 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 one hundred eighty (180) 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 the 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

01257.0001/765846.1 6
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 2 years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for 1 additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

Min Zhou, PE CEO/President
(Name) (Title)
Carlos Velasquez Project Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’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 Consultant.

Consultant 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

01257.0001/765846.1 7
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Colby Cataldi or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

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 herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor 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. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.

4.5 Prohibition Against Subcontracting or Assignment.

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The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant 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. 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 control of Consultant, 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 Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 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. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) 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 include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage 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, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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 noncontributory 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.
(d) 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

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(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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant 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 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 undisclosed 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 Consultant’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. (m) Pass through clause. Consultant 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 Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements

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of this section. Consultant 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant 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.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;

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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

ARTICLE 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. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. 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. Such records shall be maintained for a period of three (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 Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant 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.

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

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agrees that if Consultant 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 or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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 Consultant, 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 Contract Officer or upon the termination of this Agreement, and Consultant 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 Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the 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 Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant 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) 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 City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, 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 City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then 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.

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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. 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 City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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 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 Consultant 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 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, though not reduced, 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. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear

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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 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 Consultant 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.

7.5 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 exercise 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.

7.6 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 injunctive 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 legal action under this Agreement.

7.7 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 determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder 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

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effective date of the notice of termination 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, except as provided in Section 7.3. 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. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 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 mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 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 may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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 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.

8.2 Conflict of Interest.

Consultant 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 Consultant’s performance of services under this Agreement. Consultant 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 Contract Officer. Consultant agrees to at all times

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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 her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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.

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 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.

Consultant 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 Consultant 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, Consultant 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.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 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 Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201 and in the case of the Consultant, 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.

9.2 Interpretation.

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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.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 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 Consultant 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.

9.5 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.

9.6 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 interest 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. 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 consequence of obtaining or being awarded any agreement.

Consultant 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 limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any

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agreement. Consultant is aware of and understands that any such act(s), omission(s) or 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 _______

9.7 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 Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that 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]

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

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:

KOA Corporation, a California Corporation
By:

Name:

Title:

By:

Name:

Title:

Address:1100 Corporate Center Dr, Suite 201
Monterey Park, CA 91754
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 BUSINESS ENTITY.

01257.0001/765846.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 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 in 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.

01257.0001/765846.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 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 in 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.

01257.0001/765846.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will provide the following services to prepare the Rush Street Corridor Enhancement Plan, including providing survey of existing conditions, project design and preparation of corridor enhancement plan for the Rush Street Corridor Enhancement Plan (Services), Tasks 1, 2 and 3 have been intentionally not listed and are not applicable to this Agreement:

Task 4: Consultant Survey of Existing Conditions
This task includes identifying existing conditions, opportunities, and challenges in the Rush Street Corridor for potential future capital improvements to be outlined in the Corridor Enhancement Plan (Task 5) which shall include the following:

4.1. Gather existing conditions and background data by identifying opportunities and constraints.

4.2. Set the standard that should be used to guide preparation of the plan, such as existing and planned land uses, population characteristics, and travel projections along Rush Street.

4.3. Inventory and evaluate existing bicycle and pedestrian facilities along Rush Street and nearby apartments and homes.

4.4. Study the physical and functional conditions of the existing transportation infrastructure, and where planning and infrastructure gaps exist along Rush Street.

4.5. Prepare Existing Conditions report.

Task 5: Project Design
This task involves developing conceptual designs for the corridor that will be explored in the Corridor Enhancement Plan (Task 5) and that will help generate public feedback on potential capital improvements for the corridor which shall include the following:

5.1. Develop Corridor Enhancement Concept

5.1.1. Develop a draft corridor enhancement concept based on the Existing Conditions report and the community input collected during door-to-door business stakeholder outreach and workshops.

5.1.2. Project design includes plans, sketches, and photos.

5.2. Develop Conceptual Design Alternatives

01257.0001/765846.1 A-2

5.2.1. Develop multiple corridor enhancement conceptual designs.

5.2.2. Provide the illustrations in plan-view, as street cross-sections, and sketches.

5.2.3. Present corridor enhancement conceptual designs at workshop(s) and solicit public input on preferred design alternatives.

Task 6: Corridor Enhancement Plan
This task includes preparation of a draft and final Corridor Enhancement Plan for the Rush Street Corridor. The plan will explore existing conditions and provide an analysis of conceptual site design, but it is mainly focused on supporting identified capital improvements to the Rush Street Corridor and shall include the following:

6.1. Prepare a draft Corridor Enhancement Plan based on the preferred design alternatives chosen in the workshops.

6.2. Review and identify potential funding sources for future implementation of the preferred alternative.

6.3. Present the draft Corridor Enhancement Plan to the public at public workshops.

6.4. Solicit feedback, respond to any questions, and resolve any critical issues.

6.5. Complete the final Corridor Enhancement Plan based on the feedback collected during the workshops.

6.6. Present the final Corridor Enhancement Plan and recommendations to the City Council for review and approval, and to resolve any critical issues.

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

A. Task 4 Deliverables:
• Data needs list, collect land use, traffic and other mobility-related data along Rush Street.
• Conduct a field walk to note bicycling, pedestrian, and conditions of the entire roadway
• Prepare existing conditions report and submit to the City and ActiveSGV Task 5 Deliverables:
• Develop corridor enhancement concept and prepare plan view drawings and plans for up to three alternatives. Photo renderings, cross-sections, sketches, and photos will be collected and prepared for each alternative. Up to two photo renderings per alternative. Consultant will attend each public works meeting to present and note input.

01257.0001/765846.1 A-3
Task 6 Deliverables:
• Consultant will work with ActiveSGV and the City to determine the preferred alternative for the corridor enhancement concept.
• Consultant will prepare the Corridor Enhancement Plan document. The Plan will include the existing conditions report, and will be formatted in the following way (pending approval from the City/ActiveSGV):
• Executive Summary
• Introduction
• Project Goals and Objectives
• Community Engagement
• Existing Conditions
• Alternatives Analysis and Recommendations
• Rush Street Concepts and Recommendations
• Programs/Policies and Facility Design/Implementation
• Funding Strategies
• Appendices
• Consultant will identify funding sources and lay out appropriate funding strategy, cost estimates, present plan at any public workshop and solicit feedback.
• Consultant will complete the enhancement plan and present at City Council.

B. Correspondence describing tasks and findings
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Regular e-mail updates
B. Verbal updates by phone or in person, as requested by the City IV. 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.

V. Consultant will utilize the following personnel to accomplish the Services:
• Min Zhou, PE, Principal-in-Charge

01257.0001/765846.1 A-4
• Carlos Velasquez, AICP, LCI, Project Manager
• Alberto Salgado, Support and Meeting Coordination
• Ivy Hang, Task Lead - Existing Conditions & Data Analysis • Raquel Jimenez, GIS and Data Support
• Sarai Osorio, Mapping
• Giuseppe Canzonieri, PE, Task Lead - Facility Development & Design • Walter Okitsu, PE, PTOE, PTP, RSP2I, Facility Development • Jamie Yamashita, RLA, Urban Design Guidance
• Marisol Gonzalez. Plan Development and Funding
• Victor Rodriguez, EIT, Cost Estimates

01257.0001/765846.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

Section 5.3 “Indemnification” is amended to read:

Section 5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities. and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or

01257.0001/765846.1 B-2
employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

01257.0001/765846.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following amounts and/or rates attached as Exhibit C-1.

II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing 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.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

01257.0001/765846.1 C-1
EXHIBIT “C-1”

01257.0001/765846.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule attached as Exhibit D-1.

II. Consultant shall deliver the following tangible work products to the City by the following dates.

Task 4.1 - Coordinate data collection by February 28, 2022 Task 4.2 - Guide plan preparation by February 28, 2022
Task 4.3 - Pedestrian and bicycle facilities by March 31, 2022 Task 4.4 - Physical and functional street conditions by March 31, 2022 Task 4.5 - Existing conditions report by April 30, 2022 Task 5.1 - Develop corridor enhancement concept by June 30, 2022 Task 5.2- Develop conceptual design alternatives by July 31, 2022 Task 6.1 - Prepare corridor enhancement plan by September 30, 2022 Task 6.2 - Establish funding sources by September 30, 2022 Tasks 6.3 and 6.4 - Coordinate workshops and solicit public feedback by October 30, 2022
Task 6.5 - Complete corridor enhancement plan by October 30, 2022 Task 6.6- Present final report at City Council by November 30, 2022 III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

01257.0001/765846.1 D-1
Exhibit D-1

City Council Agenda Report
Agenda Item No. 9.d.

DATE: February 8, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION AND APPROVAL FOR AUTHORIZATION

TO ADVERTISE NOTICE INVITING BIDS (NIB) FOR THE

MERCED AVENUE GREENWAY IMPROVEMENTS PROJECT
SUMMARY: The Merced Avenue Greenway Project in the City of South El Monte is a multi-benefit green street project which includes decentralized Low Impact Development (LID) and Best Management Practices (BMPs) within the street right-of-way that slow, capture, treat, and infiltrate storm water runoff. Plans, specifications and estimates (referred to as the construction bid package or as the PS&E package) are prepared, and the project is ready to be advertised for construction bids.

RECOMMENDED ACTION: Staff recommends City Council authorize advertising the Notice Inviting Bids (NIB) for the Merced Avenue Greenway Improvements Project.

FISCAL IMPACT: The construction cost will be funded through various special funds including CNRA (Prop 68), Water Board (Prop 1), Measure W (Rio Hondo), United States Bureau of Reclamation, and the Rivers and Mountains Conservancy, for a combined total grant amount of $9.9 million. Staff will return to City Council after construction bids are received to establish the final construction cost.

DISCUSSION: The City developed and submitted a series of grant applications which were recently awarded for a total of $9.9 Million. These grants will support the entire construction of the proposed project.

The proposed improvements include roadway resurfacing, reconstruction of concrete curb ramps, sidewalks, curb, and gutter at the following general location: Merced Avenue between Rush Street and Lerma Road. Work also includes re-striping and pavement marking to incorporate new traffic lanes, bike lanes, a bikeway, and a pedestrian crossing on Merced Avenue between Rush Street and Lerma Road.

On February 16, 2021, the City received approval of funding for the Merced Avenue Greenway Project in the amount of $2,589,214 from the State Water Resources Control

Board.

On March 25, 2021, the City was awarded a grant in the amount of $299,953 from the United States Bureau of Reclamation (WaterSMART Program).

On July 17, 2021, the City received funding in the amount of $3,000,000 from the California National Resources Agency (CNRA).

On September 14, 2021, the City received approval of funding in the amount of $3,197,240 from the FY 21-22 funding cycle of the County of Los Angeles Measure W (Safe Clean Water Program).

On September 20, 2021, the City was awarded a grant in the amount of $731,720 from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC).

All five grant applications awarded for construction on the south corridor total $9.8 Million.

These grants support the entire construction of the greenway as well as the partners’ engagement, monitoring, technical assistance, and training activities necessary to implementation.

The PS&E package is prepared, and the project is ready to be advertised for construction bids. Therefore, staff recommends City Council authorize staff to advertise a Notice Inviting Bids for Merced Avenue Greenway Improvements.

ATTACHMENT(S):

A. Draft Notice Inviting Bids
B. Construction Contract Form

ATTACHMENT A

City of South El Monte City Project No.: [ENTER CITY PROJECT NO] NOTICE INVITING BIDS NIB-2

NOTICE INVITING BIDS
FOR

MERCED AVENUE GREENWAY PROJECT
City Project No.: [ENTER CITY PROJECT NO]
NOTICE IS HEREBY GIVEN that the City of South El Monte, California (“City”) invites sealed Bids for the Project. The City will receive such Bids at the City Clerk’s office, City Hall, 1415 N.

Santa Anita Avenue, South El Monte, California 91733 up to [ENTER BID DUE TIME] on [ENTER BID DUE DATE], at which time they will be publicly opened and read aloud.

SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer.

OBTAINING BID DOCUMENTS. Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows:

1. Please e-mail your request with your contact information to: [email protected].

Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost.

2. Hard copy of the Bidding and Contract Documents, Plans and Specifications can be picked up at a non-refundable cost of $100 from City of South El Monte, 1415 N. Santa Anita Avenue, South El Monte, CA 91733. Please first e-mail to [email protected] and request a hard copy 2 days in advance. Make check payable to “City of SOUTH EL MONTE”. Place a note on the check as follows: Cost for Plan Set for AGENCY PROJECT NO: [ENTER CITY PROJECT NO].

3. Hard copies will not be mailed.

MODIFICATIONS AND ALTERNATIVE PROPOSALS: Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. All blank spaces in the proposal shall be properly filled. No oral, telegraphic or telephonic proposals or modifications will be considered.

DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add up to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown by the bidder if there is a discrepancy between these figures. The estimated quantities and amounts are for the purpose of comparison of bids only.

DISQUALIFICATION OF BIDDERS: No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work, unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub-proposal or quoting

City of South El Monte City Project No.: [ENTER CITY PROJECT NO] NOTICE INVITING BIDS NIB-3
prices to other bidders or making a prime proposal. If there is a reason to believe that collusion exists among the bidders, all bids will be rejected.

TIME OF COMPLETION. The Contractor shall complete all work within [ENTER PROJECT DURATION] working days of the issuance of the Notice to Proceed.

ESTIMATED COST OF WORK. Estimated cost is in the range of $[ENTER ENG ESTIMATE].

PRE-BID MEETING AND SITE VISIT. A pre-bid meeting will not be held. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works, and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site.

This Project is subject to compliance monitoring and enforcement by the DIR.

DBE: There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire. The bidders and the selected Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.

BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

City of South El Monte City Project No.: [ENTER CITY PROJECT NO] NOTICE INVITING BIDS NIB-4
LICENSES. Each Bidder shall possess a valid Class A Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also possess a current City business license.

RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

RETENTION OF RECORDS. Contract shall retain all records for 5 years.

LIQUIDATED DAMAGES. Liquidated damages is $1,000 per calendar day.

AWARD OF CONTRACT. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding. The award of the contract, if made by the City, will be to the lowest responsive and responsible bidder.

If there are any questions regarding this project, please contact in writing via e-mail:

Okan Demirci, PE
[email protected]
All inquiries must be submitted in writing.

By: _____________________________ __________________________________ City Clerk Date

CONTRACT C-1

ATTACHMENT B

CONTRACT C-2

CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
____ Two (2) executed and notarized copies of the Contract ____ Payment Bond in amount of the Contract
____ Performance Bond in amount of the Contract
____ Workers’ Compensation Certificate
____ Liability insurance certificate in the amounts specified in Article 5.1(a) of the Contract, naming the City as a co-insured
____ Automobile insurance certificate in the amount specified in Article 5.1(b) of the Contract, naming the City as a co-insured
____ Copy of City business license
____ Additional insured endorsement – comprehensive general liability ____ Additional insured endorsement – automobile liability ____ Additional insured endorsement – excess liability
.

CONTRACT C-3

PUBLIC WORKS AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and

CONTRACT C-4

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20__ by and between the City of SOUTH EL MONTE, a municipal corporation (“City”) and , a
(“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
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:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this

CONTRACT C-5
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled __________________________________________, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(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) 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 Department of Industrial Relations (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.
(c) 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 employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) 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

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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. (e) 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 Title 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 apprenticeship 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.
(f) 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.
(g) 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 than 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.
(h) 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.”
Contractor’s Authorized Initials ________
(i) 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 take all actions necessary

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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.

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, its 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.
(a) 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 facilities, 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 conditions there existing, prior to commencement of services hereunder.
(b) 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, unknown or latent conditions, materially different from those indicated; 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, and will materially affect the performance of the services hereunder.
(c) 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 per Section 1.10 of this Agreement.
(d) 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

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either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 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 other 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 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.

1.8 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 subcontractors, 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.

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

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 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 Contract Officer 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 Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. 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 Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation 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 Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, 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

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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 1.10 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.

1.11 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 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 $ ( Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the

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attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor 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 Finance Director. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

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

City shall, as soon as practicable, 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 or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid 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 within thirty (30) days of receipt of an undisputed and properly submitted invoice, 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.

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.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this

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reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) 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 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 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 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 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 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 one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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

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(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, 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 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 Contract Officer.

The Contract Officer shall be [_____________________________ or] such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer 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 Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, 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,

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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 and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor 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. 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 law 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 control 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.

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 CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 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 CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services

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to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) 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. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage 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, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. 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. (c) 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 noncontributory 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.
(d) 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

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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. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(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 contract 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 cancellation. 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 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 undisclosed 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.

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(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. (m) Pass through clause. Contractor agrees to ensure that its 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 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.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: