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workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twentyfive dollars ($25) for each worker employed in the performance of this Project 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 (1) 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 the 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 eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-3.5 Apprentices
The 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. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.
5-3.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City. 5-3.7 Registration with the DIR
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. 5-3.8 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 5-3.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 85 of 113
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including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.
5-3.10 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract. 5-4 INSURANCE
5-4.1 General
The first paragraph of Section 5-4.1 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:
The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract. The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-5.
5-4.2 General Liability Insurance
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 5-4 of Part 1 of the Standard Specifications, as modified below.
5-4.2.1Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. 5-4.2.2 No Limitation on Indemnity
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contained in these Contract Documents.
5-4.2.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
5-4.2.4 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements may be executed on the City’s standard forms titled “Additional Insured Endorsement,” copies of which are provided in the Contract Documents, or on any other form that contains substantially the same terms and is approved by the City’s Risk Manager. In any case, the endorsements must specifically name the City of South El Monte and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
5-4.2.5Subcontractors
The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.
5.7 SAFETY
5-7.8 Steel Plate Covers
5-7.8.1 General
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers.
Section 5-8 is hereby added to Section 1 of Part 1 of the Standard Specifications, as follows:
5-8 INDEMNIFICATION
5-8.1 Contractor’s Duty
To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 87 of 113
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volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.
5-8.2 Civil Code Exception
Nothing in this Section 5-8 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
5-8.3 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. 5-8.4 Waiver of Right of Subrogation
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.
5-8.5 Survival
The provisions of this Section 5-8 shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 88 of 113
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as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
SECTION 6. PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
One (1) week before the scheduled pre-construction meeting, the Contractor must submit to the City Engineer for review and approval the construction schedule required by the first paragraph of Section 6-1.1. The Contractor shall make revisions as required by the City Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan.
The Contractor shall update this Construction Schedule when directed by the City Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.
The Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.
6-1.1.1Pre-Construction Conference
Within 15 days of issuance of Notice of Award, and before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by Contractor and any Subcontractors designated is mandatory.
Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City Engineer for approval a minimum of two (2) Working Days before the pre-construction conference.
Unless previously submitted to the City Engineer, the Contractor shall bring to the preconstruction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site field superintendent and the Project manager.
Both daytime and emergency telephone numbers shall be included in the written designation.
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The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings. 6-1.2 Commencement of the Work
The Contractor shall not begin any construction activity at the site before the issuance of the Notice to Proceed. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.
Section 6-1.3 is hereby added to Section 6 of Part 1 of the Standard Specifications, as follows:
6-1.3 Working Days And Hours
The Contractor shall do all Work between the hours of 8:30 a.m. to 4:30 p.m., Monday through Friday. No Work will be allowed on Saturday, Sunday, or City holidays, which are as follows:
• New Year's Day
• Martin Luther King Jr. Day
• Presidents’ Day
• Memorial Day
• Independence Day
• Labor Day
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• Veterans Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve
• Christmas Day
In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted for each such Day.
A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.
Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours’ notice to the City Engineer so that inspection may be provided. A charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-4.2 Extensions of Time
In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work.
6-4.3 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.
Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.
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This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that:
(1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
The following sentence is added to Section 6-8:
In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the City Engineer, and the City Engineer has certified such completion in accordance with Section 3-13.1 of Part 1 of the Standard Specifications.
SECTION 7. MEASUREMENT AND PAYMENT
7.3 PAYMENT
7.3.1 General
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the City Engineer. In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes.
7-3.2 Partial and Final Payment
7-3.2.1 Monthly Closure Date and Invoice Date
For purposes of Section 7-3.2, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the City Engineer before the tenth (10th) Day of the following month for verification and payment consideration.
7-3.2.2Payments
The City shall make payments within thirty (30) Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 92 of 113
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request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper.
7-3.2.3 Retention
The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of completion or cessation, but not later than the period permitted by Public Contract Code Section 7107.
7-3.2.4 Final Invoice and Payment
Whenever the Contractor shall have completely performed the Contract in the opinion of the City Engineer, the City Engineer shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the City Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City Engineer shall check the quantities included therein and shall authorize a payment amount, which in the City Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The City Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions.
7-3.2.5Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.
7.3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld.
The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 93 of 113
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Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.
The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
7-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
7-3.2.5.4 Securities Eligible for Investment
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Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.
Section 7-3.9 is hereby added to Section 7-3 of Part 1 of the Standard Specifications, as follows:
7-3.9 AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7-3.9 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.
SECTION 8 FACILITIES FOR AGENCY PERSONNEL
8-1 General
No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.
Section 9 is hereby added to Part 1 of the Standard Specifications, as follows:
SECTION 9. ADDITIONAL TERMS
9-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 95 of 113
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regulations.
9-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City Council in accordance with Section 3-13.2 of the General Provisions, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary. 9-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his or her Bid. 9-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work.
9-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.
If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. 9-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.
9-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 96 of 113
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the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as through fully set forth herein.
Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of “claim” as individually defined therein. 9-10 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
9-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 9-12 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-13 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 9-14 APPLICABLE LAW
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The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.
Venue for any such action relating to the Contract shall be in the Superior Court with geographic jurisdiction over the City.
9-15 TIME
Time is of the essence in these Contract Documents.
9-16 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. 9-17 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.
9-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.
9-19 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.
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9-20 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
9-21 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.
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SPECIAL PROVISIONS
A. GENERAL
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 4 (Existing Improvements) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
SECTION 400 - PROTECTION AND RESTORATION
400-1 GENERAL
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.
SECTION 402 - UTILITIES
402-1 LOCATION
The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.
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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.
Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.
Dig Alert Identification Number: ________________________________________________ Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.
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402-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.
402-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.
402-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings. 402-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities. 402-6 COOPERATION
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.
402-7 NOTIFICATION
The Contractor shall notify the City Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:
San Gabriel Valley Water Company
Luis Montenegro (626)448-6183
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Southern California Gas Company
Ryan Lopez (714) 634-5067
Southern California Gas Company (Transmission)
Rosalyn Squires (818) 701-4548
Time Warner Cable
Jeff Flaco (626) 855-3340
AT&T – Distribution
Construction Engineering (510) 645-2929
Athens Service (Trash Collection)
Customer Service (888) 336-6100
Underground Service Alert 811
B. TECHNICAL SPECIFICATIONS
A. GENERAL
1. The Contractor shall obtain a no-fee Construction Permit before commencing construction from the City.
The Contractor shall take note that working at Rosemead Blvd, Contractor is responsible to obtain double rider permit from Caltrans, and meet all requirements and pay any permit fees to Caltrans, as required. The cost for required traffic control and permit requirements per Caltrans is included in various bid items, and no additional compensation will be allowed.
2. Scope of the Work covered by Contract Documents:
Furnish all labor, materials and equipment for the City of South El Monte sidewalk installation project. Work includes but not limited to construction of new PCC sidewalk and preparation of existing dirt/native by scarifying to 6” depth and recompacting to 90% relative compaction.
3. The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract.
4. Limits of Work:
Limits of work shall be the legal property boundaries of the project site unless modified by Contract limit lines indicated on the plans or as noted otherwise.
Prior to commencing work on any area, the Contractor shall verify and coordinate them with the Engineer to ascertain the actual limits of work.
5. Project Schedule
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The Contractor shall submit a Construction Schedule to City Engineer prior to beginning construction. No work may be started until a Notice to Proceed is issued by the City. A Notice to Proceed shall not be issued until the Schedule has been approved in writing.
The work shall be scheduled to assure that construction will be completed within the specified time. The Contractor shall be held responsible for coordination of all phases of the operation so that the time schedule can be met.
The Contractor shall provide to the City all required contract bonds and evidences of insurance prior to the issuance of “Notice to Proceed” by the City.
If the Contractor desires to make a major change in its method or operations after commencing construction or if its Schedule fails to reflect the actual progress, the Contractor shall submit to City Engineer a revised Construction Schedule. Said Schedule shall be submitted in advance of beginning revised operations or within two (2) working days after notification by the City Engineer. City Engineer may suspend all progress payments if the Contractor fails to comply.
6. Notice to Proceed
The Contractor shall not commence work until a Notice to Proceed has been issued by the City to the Contractor.
Prior to the issuance of Notice to Proceed the Contractor shall provide the following:
a. The Contractor shall provide all required contract bonds and evidences of insurance to the City;
b. The Contractor shall submit a Construction Schedule to City Engineer; c. Obtain a no-fee Construction Permit from the City
d. Obtain an double rider permit from Caltrans for work at Rosemead Blvd. Contractor shall pay any necessary fees to obtain this permit.
Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work.
The construction date shall begin within 10 days after “Notice to Proceed” is issued by the City to the Contractor.
7. Contract Time
The date construction shall begin will be specified in a Notice to Proceed, by the date indicated in the construction schedule in INSTRUCTIONS TO BIDDERS SECTION of these specifications.
Working hours are between 7:30 a.m. and 5:00 p.m. Monday through Friday, excluding legal holidays and weekends.
During periods when weather or other conditions are unfavorable for construction, the Contractor shall pursue only such portions of the work as shall not be damaged thereby.
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No portions of the work whose acceptable quality or efficiency will be affected by any unfavorable conditions shall be constructed while those conditions exist. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.
8. Delay in Obtaining Materials:
No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor either obtains advance written approval from City Engineer or obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather conditions necessitating the cessation of work, or other similar action of the elements. The Contractor is required to order materials in a timely manner as specified in the "Instruction to Bidders".
9. Contract Documents
The Contractor shall maintain at the job site one (1) set of Contract Documents to include Plans & Specifications, Standard Plans, and Standard Specifications for Public Woks Construction. At the end of each working day, the Contractor shall submit to the Inspector an accurate "as-built" drawing of any changes that occurred from the approved plans and drawings, including Change Order work, changed conditions in the field, and/or claimed extra work. The Contractor shall be responsible to obtain the Inspector's written approval of the accuracy of said drawing. No invoice will be accepted for processing until all work included therein is accurately shown on the record drawings.
10. It shall be the Contractor's responsibility to completely remove all "construction graffiti" (spray paint or other marking for utilities, survey points and construction limits) prior to acceptance of the work as completed.
11. All cost for complying with the requirements of this section shall be included in the various items of the bidding schedule unless specified otherwise.
B. CONSTRUCTION STAKING:
1. The Contractor shall be responsible for construction staking.
2. Unless otherwise provided in the special provision, lines and grades for the construction shall be the responsibility of the contractor, with the following provisions:
Unless directed otherwise during construction by the City Engineer, all work under this contract shall be built in accordance with the existing street lines and grades. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such survey work including construction staking shall be done on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved.
3. All Survey Monuments such as centerline monuments and Bench Marks removed and/or altered during the construction shall be reset and certified "corner records" shall be Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 105 of 113
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submitted by the Land Surveyor, to the Engineer prior to the final acceptance of the construction.
4. Payment for surveying, construction staking, setting of the Survey Monuments and Bench Marks, preparing corner records, professional services, office and field calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved, shall be considered as included in the items of work for which the surveying work is performed, and no additional compensation will be allowed.
C. MATERIALS:
1. Material Specifications:
Whenever any material is specified by name and number thereof, such specifications shall be deemed to be used for the purpose of facilitating a description of the materials and establishing the quality of the materials to be used. All materials shall be new and the best of their class and kind. No substitution will be permitted which has not been approved in writing by the Engineer.
2. Material List:
3. A complete material list shall be submitted prior to performing any work. Catalog data and full descriptive literature and manufacturer's specifications and installation instructions shall be submitted whenever the use of items different than those specified is requested.
4. The material list shall be submitted using the following sample layout (double spaced between each item).
Item No. Description Manufacturer Model Number
1. material ABC Corp. XXX
5. Approval of Substitutes:
6. Approval of any items, alternates or substitutes indicates only that the product(s) apparently meet the requirements of the drawings and specifications based on the information and/or samples submitted.
7. Contractor's Responsibility:
8. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties only shall supplement the Contractor's responsibility.
D. INSPECTION AND TESTING:
All work covered by this Contract Documents shall be inspected by the City Engineer. Request for inspection service shall be made 24 hours in advance.
All materials furnished and all work performed under the Contract shall be subject to review and approval by the City Engineer. Such review may include mill, plant, shop, nursery, or field inspection as required. City Engineer shall be permitted access to all parts of the work, Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 106 of 113
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including plants where materials are manufactured or fabricated, and shall be furnished with such materials, information and assistance by the Contractor and its subcontractors and suppliers as is required to make a complete and detailed inspection.
The City will provide standard progress building and public works inspection at no cost to the Contractor. Contractor shall arrange and pay for all other inspections required by ordinance or governing authorities, including tests in connection therewith, as may be assigned to it in other sections of the specifications.
Where required by the Building Code, specialty inspectors shall be provided by the City at no cost to the contractor. The Contractor shall request specialty inspector at least forty-eight (48) hours in advance of an anticipated inspection.
City shall perform compaction tests as required.
It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to proceeding with any phase of construction. The Contractor shall neither allow nor cause any of its work to be covered or enclosed until it has been inspected, tested and approved by the Director of Public Works and Development Services or his/her designee.
City Engineer will make, or have made, such inspections and tests as he deems necessary to see that the work is being accomplished in accordance with the requirements of the Contract. In the event such inspections or tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Director of Public Works and Development Services or his/her designee, as well as the cost of the subsequent re-inspection and re-testing. It shall be understood and agreed that the inspection or making of tests shall not constitute an acceptance of any portion of the work nor relieve the Contractor from compliance with the terms of the Contract.
Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials which may be furnished by the City and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered without the authority of City Engineer shall, upon order of the City Engineer, be uncovered to the extent required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement.
E. UTILITIES
1. Before starting work, the Contractor shall verify the locations and elevations of all existing utilities by contacting Underground Service Alert at 811, at least 48 hours in advance.
Existing utilities have been carefully located and shown base on available utility as built plans provided by the utility companies and based on the Los Angeles County office records plans. The Contractor shall notify the utility companies and agencies listed below before beginning excavation and shall coordinate his work with them.
2. The Contractor shall protect existing utilities in accordance with Section 5-2 “Protection” of the Standard Specifications for Public Works Construction.
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3. The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule.
4. The Contractor shall notify all utility agencies and owners of all facilities within the area of construction a minimum of five (5) work days in advance of performing any work within said area.
5. The Contractor shall protect all utilities and other improvements which may be impaired during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities, including service laterals, whether shown or not shown on the drawings that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected from damage due to such operations. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be directed by the Engineer.
The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the City, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so.
6. All utility structures, whether shown or not, within the street pavement rehabilitation shall be adjust to grade as follows:
a. Storm Drain and Sewer manhole frames and covers shall be adjusted to grade by the Contractor;
b. Water valves shall be adjusted to grade by the Contractor in coordination with the respective water company.
c. SCE, Gas and Communication structures shall be adjusted by the respective purveyor. It shall be the Contractor responsibility to coordinate and notify the purveyors for the needs of their adjustment work.
7. The utility companies and their contacts having facilities within or near the construction are listed on Sheet 1 of the plans and Subsection D.13 above.
F. PHASING
To provide minimum inconvenience to the public particularly the residence and business owners, occupants and the travelling public, the Contractor shall execute the project in phases and adhere to the Traffic Control Requirements below.
Prior to the start of construction, the Contractor shall prepare and submit his/her phasing program to the Engineer for review.
G. TRAFFIC CONTROL REQUIREMENTS
1. The Contractor shall take note that working at Rosemead Blvd, Contractor is responsible to obtain double rider permit from Caltrans, and meet all requirements and pay any permit fees to Caltrans, as required. The cost for required traffic control and permit requirements per Caltrans is included in various bid items, and no additional compensation will be Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 108 of 113
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allowed.
2. The Contractor shall be responsible to furnish, install and maintain such devices which are necessary to provide safe and efficient passage for the traveling public through the work area, for the safety of personnel present in the work area, and to minimize inconvenience.
3. All work and materials to implement construction staging and traffic control shall comply with the California Manual of Uniform Traffic Controls Device (CA MUTCD). Signs, markings, striping, barricades, delineators and all materials shall conform to applicable Caltrans standards and specifications.
4. The use of flagmen may be required if deemed so by the City Engineer. Adequate flagmen, construction signs barricades, delineators, and arrow boards shall be used to the satisfaction of the City Engineer. Adequate traffic control shall always be maintained through the construction zone.
5. Traffic control through the project area shall conform to the requirements of Section 7- 10, “Public Convenience and Safety,” (SSPWC).
6. The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate base material. Traffic must only be allowed on a firm asphalt surface. A temporary ac pavement may be used for this reason to allow traffic.
7. The Contractor shall maintain a minimum of 5 feet clearance from the vertical edge of excavation.
8. The Contractor shall not be allowed to leave vertical edge over 1” within the street pavement when the pavement is open to traffic except along the edge of gutter.
Otherwise, the Contractor shall construct temporary AC transition at edges including around the edges of utility structures.
The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall be 4:1 slope and at driveways ramped at 6:1 slope.
9. Ingress and egress of vehicle to all driveways shall be maintained at all time except when arranged in advance by the Contractor with the respective residence.
10. The Contractor shall maintain one 10’ wide minimum traffic lane in each direction at all time.
11. If permanent pavement markings cannot be restored by the end of the work shift in which they were obliterated, temporary markings shall be provided by the Contractor prior to leaving the job site on all streets except any street closed to through traffic. These temporary markings shall be as follows:
o Temporary lane lines and/or centerlines shall consist of day/night reflectorized raised pavement markers, approved by the City of South El Monte, spaced approximately 24” apart.
o Right edge lines shall not be simulated with dashes or pavement markers; however, portable delineators, guide markers, etc., may be used by the Contractor where it is Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 109 of 113
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considered desirable to enhance the edge of traveled way due to curvilinear alignment, narrowing pavement, etc., and shall be used when directed by the Engineer. The Contractor shall be responsible to periodically review the construction area at night to insure all lights are properly placed and operable.
o Locations where no-passing zone centerline delineation has been obliterated shall be posted by the Contractor with a sign package consisting of a C18 (23) "ROAD CONSTRUCTION (WORK) AHEAD" and R63 "DO NOT PASS".
o See other traffic requirements under other work sections. o Any deviation with these traffic requirements may be afforded only with the prior written approval of the Engineer.
o See other traffic requirements under other work sections
12. Temporary No Parking Signs: The Contractor is responsible to post "Temporary No Parking" signs at least 5 working days in advance of the first date of enforcement. The City shall be informed before posting of signs. Parking will be restricted only for the minimum time necessary to complete on-going work.
13. No street or one traffic direction closure shall be allowed unless approved by the City Engineer 48 hours prior to the closure and subject to the following condition:
a. The Contractor shall submit a detour plan prepared by a Civil Engineer in the State of California, for approval by the Engineer.
b. Notify the following Agencies two (2) working days before closing or partially closing any street or alley:
City of South El Monte Municipal Enforcement Department City of South El Monte Fire Department
City of South El Monte Police Department
14. The Contractor shall install, maintain, and remove all temporary delineators, barricades, lights, warning signs and other facilities necessary to control traffic as specified in the CA MUTCD.
15. All traffic lanes shall be open at the end of working hours of each day, unless approved by the City Engineer.
16. Payment for traffic control shall be included in various bid items of the Bid Schedule.
H. CLEARING AND GRUBBING
Clearing and grubbing shall conform to the requirements of Section 300-1 "Clearing and Grubbing", (SSPWC). The Contractor shall incorporate the following exceptions, additions, or deletions to the noted Section:
a. Subsection 300-1.1, “General”, (SSPWC), add the following:
Limits: The Contractor shall meet with the Inspector prior to making removals to verify the actual limits of removals and locations of joins, to establish smooth joins and to assure Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 110 of 113
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proper drainage. The Contractor may make minor changes in the location of joins and limits of removal, provided a smooth join and proper drainage shall be achieved and it has obtained approval from the Engineer.
b. Subsection 300-1.3.1, “Removal and Disposal General”, (SSPWC), add the following:
Unless noted otherwise elsewhere in the Contract Documents, all material removed from the project shall be considered the property of the Contractor and shall be disposed in a legal manner outside the project site.
CONTRACTOR shall remove and transport debris and rubbish in a manner that will prevent spillage on streets or adjacent areas. Cleanup of spillage will be at CONTRACTOR’S expense.
Contractor shall not start any removal work unless it is prepared to perform reconstruction work immediately without interruption from the time removals begun, unless otherwise approved by the Engineer.
Miscellaneous removal, relocation & adjustment of utility structures to Grade: This item shall include all removal not specifically listed in the Bid Schedule or otherwise covered by these Specifications such as all necessary relocations and adjustment of valve cover whether shown on the plans or not and as necessary to complete the improvements. The Contractor shall be responsible to review the project site prior to bidding and include all such work in its bid prices for this item.
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PROJECT PLANS APP-A-1
APPENDIX A
PROJECT PLANS
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CITY OF SOUTH EL MONTE
PUBLIC WORKS DEPARTMENT
SIDEWALK INSTALLATION TDA ARTICLE III
IMPROVEMENT PLANS
SHEET 1 OF 1 SHEET
NOTE:
THESE PLANS ARE SCHEMATIC BY DESIGN. DELINEATION, DIMENSIONS, AND
LOCATIONS OF PAVEMENT MARKINGS, MARKERS, AND LIMITS OF WORK ARE APPROXIMATE AND FOR THE PURPOSE OF BID PREPARATION. FINAL LIMITS
OF WORK, PAVEMENT MARKINGS AND MARKERS, AND ALL ITEMS OF WORK SHALL BE PER THE CITY ENGINEER OR DESIGNEE.
NO SCALE
CONSTRUCTION NOTES
CONSTRUCT NEW 4” PCC SIDEWALK PER SPPWC STD. PLAN NO 112-
2. WORK INCLUDES REMOVAL OF EXISTING PCC WALK WITHIN
WORK LIMITS, REMOVAL OF DIRT/NATIVE TO INSTALL NEW 4” PCC SIDEWALK ADJUST TO GRADE AND RECOMPACTING TO 95%
RELATIVE COMPACTION. WORK INCLUDES ADJUSTMENT OF
EXISTING UTILITY VAULTS, BOXES, METER AND PULLBOXES TO
GRADE.
REMOVE EXISTING TREE INCLUDING ROOTBALL, BACKFILL WITH
DIRT.
CONSTRUCT NEW PCC CURB RAMP PER SPPWC STD. PLAN NO 111- 5, CASE B, TYPE 2. WORK INCLUDES REMOVAL OF EXISTING
DIRT/LANDSCAPE AND RECOMPACTING TO 95% RELATIVE
COMPACTION. WORK INCLUDES RECONSTRUCTION OF 1 FOOT
STRIP X 8" DEEP OF AC PAVEMENT SECTION (SLOT PATCH).
REMOVE EXISTING IRRIGATION PIPING, RISERS AND HEADS IN
CONFLICT WITH PROPOSED SIDEWALK CONSTRUCTION. MODIFY
AND CONSTRUCT NEW IRRIGATION SYSTEM BEHIND NEW
CONCRETE SIDEWALK TO PROVIDE IRRIGATION COVERAGE.
INSTALL NEW LAWN SOD TO ALL DIRT AREAS BEHIND NEW
CONCRETE SIDEWALK. REGRADE EXISTING DIRT AREAS BEHIND
NEW CONCRETE SIDEWALK TO ADJUST TO GRADE.
RELOCATE EXISTING STREET NAME SIGN INCLUDING FOOTING
REMOVE EXISTING DRIVEWAY APPROACH, AND CONSTRUCT NEW
RESIDENTIAL DRIVEWAY APPROACH PER SPPWC STD PLAN NO 110-
2. WORK INCLUDES RECONSTRUCTION OF 1 FOOT STRIP X 8" DEEP OF AC PAVEMENT SECTION (SLOT PATCH).
CONSTRUCT NEW 4” PCC SIDEWALK PER SPPWC STD. PLAN NO 112-
2. WORK INCLUDES REMOVAL OF EXISTING DIRT/NATIVE TO
INSTALL NEW 4” PCC SIDEWALK ADJUST TO GRADE AND
RECOMPACTING TO 95% RELATIVE COMPACTION. WORK INCLUDES
ADJUSTMENT OF EXISTING UTILITY VAULTS, BOXES, METER AND PULLBOXES TO GRADE.
1 2 3 4 A1
Fern St
Delco Ave
Doreen Ave
2 Santa Anita Ave 1 4
NOTE: It is assumed that the new concrete sidewalk width as per construction note 1 on Fern Street is 5 feet, and the remaining width (variable) on the parkway will be constructed as landscaping/irrigation as per construction note 4. 1 4 1 4 1 4 1 4 5 3 5 3 6
A1
ADDITIVE ALTERNATE SCOPE: ROSEMEAD BLVD
BASE BID SCOPE: FERN STREET
6 6 6
Sidewalk Installation TDA Article III, Project No: 112 Document Control Page 113 of 113
City Council Agenda Report
Agenda Item No. 9.b.
DATE: April 12, 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 FOR AUTHORIZATION TO SEEK
REQUEST FOR PROPOSALS (RFP) FOR DESIGN SERVICES
FOR TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS
SIGNALIZED INTERSECTIONS
SUMMARY: Staff seeks City Council approval to issue Request for Proposals (RFP) for design services for traffic signal improvements at various signalized intersections within the City. The scope of improvements are part of the Highway Safety Improvement Program (HSIP) Cycle 9 project.
RECOMMENDED ACTION: Staff recommends City Council approve an RFP for design services for traffic signal improvements at various signalized intersections (HSIP Cycle 9 project) and authorize staff to solicit proposals.
FISCAL IMPACT: The City received $57,600 from Caltrans through the HSIP program, and will use these funds to cover all of the costs associated with the requested professional design services. Caltrans will reimburse the City 100% of the costs of requested design services. Upon final contract award, staff will advise the City Council of the proposed not-to-exceed contract amount and confirm funding availability.
DISCUSSION: The HSIP Cycle 9 Project includes safety improvements at various signalized intersections, including hardware modifications to the traffic signal lenses, backplates with retroreflective borders, mounting, size, and number, as well as installation of pedestrian countdown signal heads. The project improvements will involve a total of eleven signalized intersections throughout the City. Attachment B shows the work locations. The primary objective of the requested professional services (design engineering services) is to have the selected engineering consultant provide a complete PS&E (plans, specifications and estimates) package approved by all involved jurisdictional and regulatory agencies that will be ready for construction bidding for the improvements outlined in the RFP.
ATTACHMENT(S):
A. RFP for Design Services for Traffic Signal Improvements at Various Signalized Intersections
B. Traffic Signal Improvement Locations
Attachment A - RFP for Design Services for Traffic Signal Improvements at Various Signalized Intersections, HSIP Cycle 9 Project
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE DESIGN SERVICES
FOR TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONS HSIP CYCLE 9 PROJECT, HSIPL-5352(020)
IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
April 12, 2022
DELIVERY ADDRESS
City of South El Monte
1415 Santa Anita Ave.
South El Monte, CA 91733
Attn: Colby Cataldi
Community Development Director
REQUIRED NUMBER OF PROPOSALS
Three (3) hard copies and one (1) electronic
copy (pdf)
CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
Colby Cataldi
Community Development Director
[email protected]
PRE-PROPOSAL MEETING
None
PROPOSAL DUE DATE
May 4, 2022; 2:00 PM
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 1 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) Table of Contents Table of Contents
1. General Information 1
2. Project Description 1
3. RFP Schedule 2
4. Scope of Services 2
5. Key Personnel 4
6. City’s Standard Professional Services Agreement 5
7. Insurance Coverage Limits and Requirements 5
8. Consultant Selection Methodology 5
9. Prevailing Wage Rates 6
10. Contract Award 7
11. Required Format for Technical Proposal Submittal 7
12. Fee Estimate Proposal Submittal 8
13. Questions Regarding This RFP 9
14. Proposal Submittal Protocol 9
15. Pre-Contractual Expenses In Responding To The RFP Preparation 9 Attachments:
Attachment A - Affidavit of Non-Collusion
Attachment B - Claims History
Attachment C - Sample Professional Services Agreement
Attachment D - Project Funding Application
Attachment E - Required Forms to be Submitted with the Technical Proposal
Attachment E.1 - Exhibit 10-I: Notice To Proposers DBE Information Attachment E.2 - Exhibit 10-O1: Consultant Proposal DBE Commitment
Attachment E.3 - Exhibit 10-Q: Disclosure of Lobbying Activities Attachment F - Required Forms to be Submitted with the Fee Proposal Attachment F.1 - Exhibit 10-H1: Cost Proposal Form
Attachment F.2 - Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial Management System
Attachment F.3 - Exhibit 10-O2: Consultant Contract DBE Commitment
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 2 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) Cover Page
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE DESIGN SERVICES
FOR TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED
INTERSECTIONS
HSIP CYCLE 9 PROJECT, HSIPL-5352(020)
IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
To interested and qualified Consultants:
The City of South El Monte is soliciting Proposals from qualified firms to provide Design Services for Traffic Signal Improvements at Various Signalized Intersections, Federally Funded Project, HSIPL-5352(020).
Requirements for this RFP are enclosed.
In order to be considered in the selection process, interested parties shall submit three (3) hard copies and one (1) electronic copy (pdf) of their Proposals no later than 2:00 PM, May 4, 2022, to:
Colby Cataldi
Community Development Director
1415 Santa Anita Ave.
South El Monte, CA 91733
If you have any questions, please contact via email (no telephone calls):
Colby Cataldi
Community Development Director
[email protected]
Late proposals will not be accepted.
Sincerely,
Colby Cataldi
Community Development Director
City of South El Monte
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 3 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 1
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE DESIGN SERVICES
FOR TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS SIGNALIZED INTERSECTIONS HSIP CYCLE 9 PROJECT, HSIPL-5352(020)
IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
April 12, 2022
1. GENERAL INFORMATION
A. Community Profile
Incorporated in 1958, the City of South El Monte is an industrial community of approximately 21,000 residents and encompasses 2.3 square miles. This “Industrial Community” is located approximately 13 miles east of downtown Los Angeles and is adjacent to two major freeways and a major State Route in the San Gabriel Valley.
South El Monte offers a good blend of older and younger residents working in the same dedication and community spirit that the city was founded upon. Both the residents and business community are working together to make the community a better place to live and work.
In just six decades the City of South El Monte has matured into a viable commercial and industrial base, with over 2,400 businesses within 2.3 square miles. The City is currently focusing on improving the infrastructure of the community making it a better place to live and work.
B. Overview
The City is requesting the services of a company to provide Design Services for Traffic Signal Improvements at Various Signalized Intersections, Federally Funded Project, HSIPL-5352(020).
2. PROJECT DESCRIPTION
The project includes safety improvements at the signalized intersections including signal hardware improvements to the traffic signal lenses, backplates with retroreflective borders, mounting, size, and number, as well as installation of pedestrian countdown signal heads.
The project is located at various signalized intersections throughout the City of South El City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 4 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 2 Monte.
This project (including the requested design services) will be funded by federal funds (HSIP).
Proposed improvements are described in detail in the Project Funding Application (see Attachment D. Project Funding Application).
Disadvantaged Business Enterprise (DBE) Participation: This project has 10% DBE participation Requirement.
3. RFP SCHEDULE
Below is the RFP schedule. Below tentative schedule is subject to change by the City:
Request for Proposals Posted and Issued Wednesday, April 13, 2022 Deadline for Receipt of Questions Friday, April 22, 2022, 5:00 PM Addendum (if necessary) to Respond to
Questions
Wednesday, April 27, 2022
Deadline for Receipt of Proposals (RFP Due
Date)
Wednesday, May 4, 2022, 2:00 PM
Evaluation of proposals May 2022
Final Consultant Selection May 2022
Contract Awarded by City Council May/June 2022
Contract Execution May/June 2022
Notice to Proceed May/June 2022
4. SCOPE OF SERVICES
The primary objective of the project is to have the selected engineering consultant to provide a complete PS&E (plans, specifications and estimates) approved by all involved jurisdictional and regulatory agencies and is ready for construction bidding for the improvements outlined in this RFP and attached documents.
The scope of work generally includes:
Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 5 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 3 b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous updates., and executive summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.
Task 2. Preliminary Engineering
a. Environmental. The project is assumed to be a categorical exemption. b. Right-of-Way. All work is assumed to be within existing public ROW. The design consultant shall perform research on available right-of-way maps, assessor parcel maps, and easement information within the project limits. Based on this information, existing ROW information shall be shown on the plans. If any TCEs (Temporary Construction Easements) are necessary, the consultant shall show them on the plans. The City will obtain TCE’s from adjacent property owners. c. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data. d. Conduct necessary field surveys to assess existing conditions of the project area. e. Develop preliminary design.
f. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues.
g. Prepare Technical specifications.
Task 3. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows. The Consultant shall prepare the Specifications per City requirements and utilizing the Standard Specifications for Public Works Construction (“Greenbook”).
e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.
Caltrans LAPM Forms for PSE Certification and E-76 construction authorization:
The selected design consultant’s scope of work includes preparation of necessary technical documents, including necessary Caltrans LAPM Forms for PSE Certification and E-76 construction authorization after completion of PS&E Package, and all documents as necessary to provide the City an approved bid City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 6 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 4 package ready for bid advertisement.
Task 4. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 5 meetings).
d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.
Task 5. Prepare Record Drawings (As-Builts)
a. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.
Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittal shall be in pdf format.
c. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.
The above tasks are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other documents review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals.
It is the consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required and in compliance with the Project Funding Application, Project Funding Agreement, this RFP and all applicable standards and requirements, and provide the City with a complete set of PS&E Bid Package approved by all regulatory and involved agencies.
5. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project.
The City reserves the right to request that the proposer replace a staff person assigned City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 7 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 5 to the contract should the City consider such a replacement to be for the good of the project.
6. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT
The RFP includes a sample of City’s Professional Services Agreement as Attachment C.
Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.
7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in this RFP as provided in Attachment C.
8. CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:
Evaluation Criteria Max
Points
Completeness of the Proposals and compliance with the required RFP format. 10
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience, including familiarity with State and Federal procedures. 25
Effectiveness of Project Schedule showing how the proposer will be able to complete the design with required time duration 15 Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.
One-Step RFP: This Project will use One-Step RFP method per LAPM, as the scope of work is Project–specific and defined.
City Selection Panel will review the proposals received, and rank them based on the City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 8 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 6 above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.
At City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected proposers and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.
After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.
Consultants Financial Management and Accounting System Requirements: It shall be noted that as indicated in LAPM for Federally Funded Projects, a contract shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31. The selected consultant shall have adequate financial management systems as required by the applicable federal regulations.
9. PREVAILING WAGE RATES
Depending upon the scope of work, the required contract provisions may include the California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies only to federal-aid construction contracts). Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State Prevailing Wage information is available through the California Department of Industrial Relations websites below. The selected Consultant will need to provide its Prevailing Wage Policy if their participation on the project includes prevailing wage work. The policy will include information on the accounting treatment of delta base and delta fringe, and verify the accounting treatment is consistent every year.
1. DIR FAQ website: http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html
2. DIR Wage Determination website:
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm
3. Caltrans Prevailing Wage Interpretive Guidance:
https://ig.dot.ca.gov/resources/interpretive-guidance
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 9 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 7
10.CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.
Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.
Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached.
11.REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
Please submit your Technical Proposal in the format specified below:
Cover Letter: Emphasize strong points of the project team and the firm’s experience.
Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 120 days.
Table of Contents: Provide contents of proposal.
Section 1. Approach and Scope of Work: Provide your understanding of the project and describe your approach. Provide a detailed scope of work that your film will utilize in providing requested services in efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, budget/cost control, schedule control, and document control.
Section 2: Schedule: Provide a project a detailed schedule. Use June 6, 2022 as the start date of City’s Notice to Proceed with the project. Show project tasks, durations, start and completion dates, time allocations for City review and other regulatory agency review and any outside agencies that may be involved in the review and approval process. The final PS&E shall be submitted within 6 months of City’s Notice to Proceed, excluding City and Caltrans review times.
Section 3. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants.
Provide resumes of all key personnel identified in the organization chart.
Section 4. Company Qualifications: Provide qualifications of prime consulting firm and sub-consultants.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 10 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 8 Section 5. References: Provide 5 Public Agency references for similar projects.
Section 6. City’s Standard Professional Services Agreement (see Attachment C.
Sample Professional Services Agreement): The referenced attachment is City’s Standard Professional Services Agreement, which will be executed by the selected consultant. Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Please note that the City does not guarantee that any revisions to the contract will be accepted. The selected consultant shall be prepared to execute the contract as is, if the City does not accept any changes provided by the consultant.
Section 7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposers shall include an acknowledgement of receiving such Addenda and their agreement with the terms and conditions stated in such Addenda. If no Addenda is issued, proposers shall state so in this section.
Section 8. Required Attachments:
Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
• Attachment E - Required Forms to be Submitted with the Technical Proposal Attachment E.1 - Exhibit 10-I: Notice to Proposers DBE Information Attachment E.2 - Exhibit 10-O1: Consultant Proposal DBE Commitment Attachment E.3 - Exhibit 10-Q: Disclosure of Lobbying Activities The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.
12.FEE ESTIMATE PROPOSAL SUBMITTAL
Fee Proposal shall be submitted in a separate sealed envelope.
Please complete and insert required forms included in Attachment F - Required Forms to be Submitted with the Fee Proposal in this Section of your proposal. The forms are listed below:
Attachment F.1 - Exhibit 10-H1: Cost Proposal Form
Attachment F.2 - Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial Management System
Attachment F.3 - Exhibit 10-O2: Consultant Contract DBE Commitment City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 11 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 9
13.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:
Colby Cataldi
Community Development Director
[email protected]
Questions regarding this proposal shall be submitted via email no later than 10 calendar days prior to proposal due date. In response to all questions received by this date, City will issue an Addendum no later than 5 calendar days prior to the proposal submittal due date. The addendum will be emailed to all RFP recipients on record.
14.PROPOSAL SUBMITTAL PROTOCOL
Interested and qualified firms shall submit their proposals as follows:
• Envelope 1: Technical Proposal, 3 bound copies and 1 pdf file on thumb drive.
Please indicate on the Proposal Cover:
TECHNICAL PROPOSAL
Design Services for HSIPL-5352(020)
Traffic Signal Improvements at Various Signalized Intersections • Envelope 2: Fee Proposal, 3 bound copies and 1 pdf file on thumb drive.
Please indicate on the Proposal Cover:
FEE PROPOSAL
Design Services for HSIPL-5352(020)
Traffic Signal Improvements at Various Signalized Intersections Proposal submittal due date is:
May 4, 2022, 2:00 pm
Proposals shall be addressed to:
Colby Cataldi
Community Development Director
1415 Santa Anita Ave.
South El Monte, CA 91733
Late proposals will not be accepted.
15.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 12 of 141
RFP to Provide Design Services, Traffic Signal Improvements at Various Signalized Intersections, HSIPL-5352(020) RFP, Page 10 The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Precontractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP ▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel or presentations ▪ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.
The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.
END OF RFP
ATTACHMENTS TO FOLLOW
Attachment A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Sample Professional Services Agreement
Attachment D Project Funding Application
Attachment E Required Forms to be Submitted with the Technical Proposal Attachment E.1 - Exhibit 10-I: Notice To Proposers DBE Information Attachment E.2 - Exhibit 10-O1: Consultant Proposal DBE Commitment Attachment E.3 - Exhibit 10-Q: Disclosure of Lobbying Activities Attachment F Required Forms to be Submitted with the Fee Proposal Attachment F.1 - Exhibit 10-H1: Cost Proposal Form
Attachment F.2 - Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial Management System
Attachment F.3 - Exhibit 10-O2: Consultant Contract DBE Commitment
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 13 of 141
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Attachment A, Page 1
ATTACHMENT A
AFFIDAVIT OF NON-COLLUSION
I state that I am _____________________________________ (title) of __________________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.
I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.
I state that________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract.
_________________________________________________
(Authorized Signature)
_________________________________________________
(Name of Company/Position)
Sworn to and subscribed before me this _______ day of __________________, 20___. _________________________________________________
Notary Public for California
My Commission Expires: __________________________
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Attachment B, Page 1
ATTACHMENT B
CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):
Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.
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ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEMENT
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
_____________________________________
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20__ by and between the City of South El Monte, a California, a municipal corporation (“City”) and ___________________________, _________________ (“Consultant”). City and Consultant 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. 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
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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 18 of 141
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professional standards” shall mean those standards of practice recognized by one or more firstclass 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 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.
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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 $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
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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 sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, 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.
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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 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 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 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:
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(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 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 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 [_____________________________ 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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 23 of 141
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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.
4.5 Prohibition Against Subcontracting or Assignment.
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, 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. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 24 of 141
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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. (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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 25 of 141
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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 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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 26 of 141
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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 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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 27 of 141
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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, 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.
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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 28 of 141
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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 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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 29 of 141
01257.0001/577811.2 13
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify 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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 30 of 141
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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 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 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 31 of 141
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termination, the Consultant shall be entitled to compensation for all services rendered prior to the 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 avoid City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 32 of 141
01257.0001/577811.2 16
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 agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 34 of 141
01257.0001/577811.2 18
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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01257.0001/577811.2 19
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:
___________________________________
By:
Name:
Title:
By:
Name:
Title:
Address:
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.
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01257.0001/577811.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 20__ 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.
gnature: _____________________________________
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.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 37 of 141
01257.0001/577811.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 20__ 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.
gnature: _____________________________________
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.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 38 of 141
01257.0001/577811.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
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:
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:
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 39 of 141
01257.0001/577811.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01257.0001/577811.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
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 1.9.
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.
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01257.0001/577811.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 42 of 141
ATTACHMENT D
PROJECT FUNDING APPLICATION
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 43 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
APPLICATION SUMMARY
This summary page is filled out automatically once the application is completed.
After the application is finalized, please save this PDF form using the exact "Application ID" (shown below) as the file name.
Application ID 07-South El Monte-1
Important: Review and follow the Application Form Instructions step-by-step as you complete the application. Completing an application without referencing the instructions will likely result in an incomplete application or an application with fatal flaws that will be disqualified from the ranking and selection process.
Submitted By (Agency)
South El Monte
Caltrans District
07 Application Number
1 Out of
1 Project Location
This project is located in the City of South El Monte's public ROW at various signalized intersections throughout the City.
Project Description
This project is focused on safety improvements including signal hardware improvements to the lenses, back‐plates with retroreflective borders, mounting, size, and number, as well as installation of pedestrian countdown signal heads.
Application Category
Common BCR Application
Total Project Cost
$601,300
HSIP Funds Requested
$601,300
Countermeasure No. 1 S2: Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number Countermeasure No. 2 S19: Install pedestrian countdown signal heads Countermeasure No. 3
Project Benefit
$8,687,745
Benefit Cost Ratio (BCR)
14.45 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 44 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
I. Basic Project Information
Date: Aug 30, 2018 Caltrans District: 07 MPO: SCAG
Agency: South El Monte County: Los Angeles County
Total number of applications being submitted by your agency: 1 Application Number (each application must have a unique number): 1 Contact Person Information
Name (Last, First): Demirci, Okan
Position/Title of Contact Person: Project Manager
Email: [email protected] Telephone: (714) 319-6137 Extension: N/A Address: 1415 Santa Anita Ave
City: South El Monte Zip Code: CA 91733 (Enter only a 5-digit number) Application Category: Common BCR Application
Project Information
Project Location:
-Be Brief (Limited to 250 Characters)
-See Application Form Instructions
This project is located in the City of South El Monte's public ROW at various signalized intersections throughout the City.
Project Description:
-Be Brief (Limited to 250 Characters)
-See Application Form Instructions
This project is focused on safety improvements including signal hardware improvements to the lenses, back‐plates with retroreflective borders, mounting, size, and number, as well as installation of pedestrian countdown signal heads.
Functional Classification: Major Collector (For Functional Classification and CRS Maps, Visit: http://www.dot.ca.gov/hq/tsip/hseb/crs_maps/)
CRS Map ID (e.g. 08E14): 13v25 Urban/Rural Area: Urban
High-Risk-Rural-Roads (HR3) Eligibility: No
If this project is not entirely HR3 eligible, what is the approximate total cost percentage that is HR3 eligible? 0 % Work on the State Highway System
Does the project include improvements on the State Highway System? No City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 45 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Warrant Studies
Check if the project includes new installation of certain traffic control devices (e.g., traffic signals, pedestrian signals, etc.). If yes, Traffic Signal Warrant 4, 5 and/or 7 must be met (CA MUTCD Chapter 4C). Please provide the warrants as Attachment #8 in Section V.
Additional Information
1. Is the project focused primarily on “spot location(s)” or “systemic” improvements? Spot location(s)
2. Which of the California's Strategic Highway Safety Plan (SHSP) Challenge Areas does the project address primarily? (For more information on the SHSP and its Challenge Areas, see: http://www.dot.ca.gov/SHSP/) 2: Intersections, Interchanges, and Other Roadway Access
3. How were the safety needs and potential countermeasures for this project first identified? Jurisdiction-wide safety analysis
4. California established Systemic Safety Analysis Report Program (SSARP) in 2016. Was this project identified through the SSARP program? No
5. What is the primary mode of travel intended to be benefited by this project? All Non-motorized Users
6. Approximate percentage of project cost going to improvements related to motorized travel: 40 %
7. Approximate percentage of project cost going to improvements related to non-motorized travel: 60 %
8. Provide the number of intersections and the length of roadways included in the project (enter 0 if not applicable):
Number of Intersections: 11 Miles of Roadway: 0
9. Posted Speed Limit (mph): 40
10. Annual Average Daily Traffic (See Application Form Instructions) AADT (Major Road)
32,039
AADT (Minor Road)
4,361
Year Collected/Estimated
2018
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 46 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
II. Narrative Questions (See Application Form Instructions) These narrative questions are intended to provide additional project details for the application reviewers and project files. The reviewers will use the information in their “fatal flaw” assessment of the applications. Please make sure that:
1) The project scope is eligible for HSIP funding;
2) The countermeasures used in the Benefit Cost Ratio (BCR) calculation are appropriately applied based on the scope of the project; 3) The crash data used in the BCR calculation is appropriately applied based on the scope of the project and countermeasures used; and 4) The application data and attachments are reasonable and meet generally accepted traffic engineering and transportation safety principles.
If significant inconsistencies or errors are found in the application information, the reviewers may conclude that the application includes “fatal flaws” and the application will be dropped from further funding considerations. The applicant will not be notified of findings until after the selection process is complete.
1. Overall Identification of Need
Describe how the agency identified the project as one of its top safety priorities. Was a data-driven safety evaluation of their entire roadway network completed? Do the proposed project locations represent some of the agency's highest crash concentrations? (Limited to 5,000 characters)
A network-wide safety analysis, based on data driven evaluation, of the City of South El Monte’s roadways was conducted to identify crash concentrations and crash trends to determine the most effective improvements. For the 2018 analysis, the methodology described in the “Local Roadway Safety Manual” has been closely followed as well as the U.S. Department of Transportation Federal Highway Administration, Highway Safety Improvement Program procedures and tools focusing on results. City staff contributed to the development of this application. The team held meetings to identify and focus on high collision locations and potential remedies. The team effort included the following:
• Review of prior citywide collision studies and stakeholder records • Review of SWITRS reports over 5 years to determine primary collision factors and collision types • Review of traffic volumes to compare collision rates
• TIMS query and mapping tool analysis to identify “hot spots” • Meetings to discuss candidate locations and review data • Evaluation of costs and cost effectiveness
• Comparison of various countermeasures using the B/C Calculator • Prioritization of top project locations
• Elimination of unnecessary elements from project scope Based on the collision data and field research as described above, various locations that have not previously been funded for improvements was studied to determine if a collision pattern was evident, and whether a solution could be implemented to directly address the cause of the collisions.
In accordance with the above actions, the City identified several spot locations that met the objectives and goals on Federal, State, and local levels. The proposed locations are all located within the public right of way and are signalized intersections throughout the City of South El Monte: (1) Garvey Ave & Chico Ave; (2) Garvey Ave & Potrero Ave; (3) Chico Ave & Rush St; (4) Potrero Ave & Rush St; (5) Merced Ave & Rush St; (6) Central Ave & Rush St; (7) Tyler Ave & Rush St; (8) Durfee Ave & Rush St; (9) Santa Anita Ave & Tyler Ave; (10) Michael Hunt Dr & Santa Anita Ave; (11) Durfee Ave & Peck Rd.
These proposed project locations have high B/C ratios of those studied, and can be joined as a single project to maximize the benefits for this HSIP grant. The City conducted a safety audit and noted that the collision rates for these locations have been elevated for more than 5 years between 2013 to 2017 were analyzed, the proposed project locations have a total of 215 accidents. The proposed safety enhancements may reduce future collisions at the locations implemented.
These data findings also correlate with observations at these locations, where the high rate of accidents here is facilitated by wide streets and difficult-to-see traffic signals. This location has also been important to residents, who have commented on the activity in these intersections as a concern to safety for all. This is because these are streets with high volumes and present high probability of potential collisions during heavy traffic flow.
This project is also consistent with the City’s commitment to provide safe and accessible streets, improving the levels of service for the movement of people and good, ensuring that transportation investment provides the greatest possible mobility benefit, serving the City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 47 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. transportation needs of everyone, and developing regional transportation solutions that complement sub regional transportation systems and serve the needs of cities and communities.
2. Potential for Proposed Improvements to Address the Safety Issues Describe the primary causes of the collisions that have occurred within the project limits. Are there patterns in the crash types? Clearly demonstrate the connection between the problem and the proposed countermeasures utilized in the BCR calculations. Depending on the nature of the project, explain why the agency chooses to pursue "Spot location(s)" or "Systemic" improvements. (Limited to 5,000 characters)
Note: Safety improvements that do not have countermeasures and crash reduction factors identified in the HSIP Analyzer can be included in the project scope and cost estimate as "Other Safety-Related" improvement; they just won't be added to the project's BCR shown in the application.
The City of South El Monte identified problem areas within its jurisdiction based on collision data collected from the Statewide Integrated Traffic Records System (SWITRS), covering a period of 5 years between January 2013 & December 2017. Based on this data, the City was able to identify locations that had high numbers & saw this as an opportunity to implement spot improvements to help focus on the issues present at each intersection which will allow a more precise, effective, & cost-conscious intervention.
There was a total of 190 accidents reported over 5 years between 2013 through 2017 available data between the project locations. Per the FHWA Federal Highway Administration: Pedestrians account for over 17.5% of all fatalities in motor vehicle traffic crashes. The AAA Foundation for Traffic Safety results found that the average risk of severe injury for a pedestrian struck by a vehicle increases with the speed of impact. Severe injury occurs 10% at a speed of 16 mph & increases to 75% at 50 mph. All of the countermeasures to be applied at these locations have been shown to effectively reduce crashes & injuries.
Detailed collision breakdown for each location can be found in Attachment 6 Collision Diagrams & Attachment 7 Collision List.
Below is summary breakdown of the accident trends, type of accidents that occurred at the signalized intersections based on collision severity & crash types across all locations; since this project consists of multiple locations that have similar features, address similar safety issues & utilize the same countermeasures - the crash data of all the locations were combined into one group.
Collision Summary Overview:
• 190 total accidents
• 143 collisions occurred during day time conditions
• 47 collisions occurred during night time conditions
• 6 pedestrian related collisions were reported with the following collision severity: 1 fatal, 1 severe injury, 4 complaint of pain injuries • 6 bike related collisions were reported with the following collision severity: 2 severe injuries, 2 other visible injuries, 2 complaint of pain injuries
• 178 vehicle related collisions were reported with the following collision severity: 10 other visible injuries, 49 complaint of pain injuries, 119 PDO
Collision Detail by Crash Type Severity & Collision Factor:
• 1 fatal collision reported with the following collision factor breakdown: Pedestrian related fatality. • 3 severe injury collisions reported with the following collision factor breakdown: 2 bike related collisions, 1 pedestrian related collision. • 12 other visible injury collisions reported with the following collision factor breakdown: 2 bike related collisions, 6 vehicle broadside collisions, 2 vehicle head-on collisions, 2 vehicle rear-end collisions. • 55 complaint of pain injury collisions reported with the following collision factor breakdown: 4 pedestrians related collisions, 2 bike related collisions, 30 vehicle broadside collisions, 3 vehicle head-on collisions, 14 vehicle rear-end collisions, 1 vehicle collision was classified as hit object, 1 vehicle collision was reported as sideswipe crash type. • 100 total people were injured across all type of crash severities, this includes multiple people per collision since the number injured is counted per individual number of people involved in one collision.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 48 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. • 119 PDO collisions reported with the following collision factor breakdown: 39 vehicle broadside collisions, 6 vehicle head-on collisions, 9 vehicle collisions was classified as hit object, 1 resulted in an overturned vehicle due to vehicle ROW, 4 collisions was reported as other crash type due to improper turning & backing as the primary collision factor, 30 collisions were reported as rear-end crash types, 30 collisions was reported as sideswipe crash types.
The countermeasures selected will be implemented at all selected signalized intersections citywide as follows based on applicable collision data:
• CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, & number. This countermeasures will provide better visibility of intersection signals aids the drivers’ advance perception of the upcoming intersection. Visibility & clarity of the signal should be improved without creating additional confusion for drivers. This has a crash reduction factor (CRF) of 15% with all crash types applied for the BCR calculations. It has an expected life of 10 years with 100% federal funding eligibility. • CM S19: Install pedestrian countdown signal heads - A pedestrian countdown signal contains a timer display & counts down the number of seconds left to finish crossing the street. This has a crash reduction factor (CRF) of 25% with only pedestrian & bicycle crash types applied for the BCR calculations. It has an excepted life of 20 years with 100% federal funding eligibility.
3. Crash Data Evaluation
What is the source of the crash data? For each countermeasure, describe how the influence areas and the limits of the crash data were established to ensure only appropriate crashes were included in the Collision Diagrams, Collision Lists and used in the BCR calculation. (Limited to 5,000 characters)
Note: If the project includes multiple locations and multiple countermeasures, group the locations so that within each group, the same countermeasures apply to all locations and their crash data. Describe the location groups. These location groups must be consistent with the grouping in using the HSIP Analyzer.
All collision history was collected from TIMS and/or the Statewide Integrated Traffic Records System (SWITRS) covering a crash period of 5 years between the dates of January 2013 to December 2017. These crashes were categorized by the date of the collision, time of the collision (night or day), type of collision (head-on, sideswipe, rear-end, broadside, hit object, overturned, or ped/bike), and further categorized by the severity of the collision (fatal, injury-severe, injury-other visible, injury-complaint of pain, or property damage only).
Only appropriate crash types were used in the Benefit Cost Ratio (BCR) calculations. The specific crash data showing the specifics of each collision can be found in Attachment 6: Collision Diagrams and Attachment 7: Collision List.
Generally accidents within 250 feet of the intersection in all directions were used, if they were appropriate for the countermeasure recommended. Any accident not applicable was not recorded and not used in the BCR calculation. The limits of the collision data utilized to support the project were established pursuant to guidance provided in the Caltrans Local Roadway Safety Manual. A detailed crash type by category can be found in Attachment 7: Collision List.
The selected countermeasures will be implemented at all selected signalized intersections along the Garfield Ave corridor. Since this project consist of multiple locations that have similar features, address similar safety issues and utilize the same countermeasures. The crash data of all the locations can were combined into one group.
The following countermeasures were selected along with the respective appropriate crash types:
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number. This countermeasures will provide better visibility of intersection signals aids the drivers’ advance perception of the upcoming intersection.This countermeasure is used at signalized intersections with a high frequency of right‐angle and rear‐end crashes occurring because drivers are unable to see traffic signals sufficiently in advance to safely negotiate the intersection being approached. Signal intersection improvements include new LED lighting, signal back plates, retro‐reflective tape outlining the back plates, or visors to increase signal visibility, larger signal heads, relocation of the signal heads, or additional signal heads.
This countermeasure has a crash reduction factor (CRF) of 15% with all crash types applied for the BCR calculations. It has an expected life of 10 years and is eligible for 100% federal funding.
CM S19: Install pedestrian countdown signal heads - A pedestrian countdown signal contains a timer display and counts down the City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 49 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. number of seconds left to finish crossing the street. Countdown signals can reassure pedestrians who are in the crosswalk when the flashing "DON’T WALK" interval appears that they still have time to finish crossing. Countdown signals begin counting down either when the "WALK" or when the flashing "DON’T WALK" interval appears and stop at the beginning of the steady "DON’T WALK" interval. These signals also have been shown to encourage more pedestrians to use the pushbutton rather than jaywalk.
This countermeasure has a crash reduction factor (CRF) of 25% with only pedestrian and bicycle crash types applied for the BCR calculations. It has an excepted life of 20 years and is eligible for 100% federal funding.
4. Prior Attempts to Address the Safety Issue
List all other projects/countermeasures that have been (or are being) deployed at this location. Applicants must identify all federal funds that have been used or approved within or directly adjacent to the proposed project limits within the last 5 years. (HSIP funding cannot be used to construct the same general type of countermeasures within the same limits within 5 years to ensure agencies do not apply the same Crash Reduction Factors to the same crashes)
For projects proposing high cost improvements/countermeasures such as shoulder widening and horizontal/vertical realignments, applicants must document that they have installed and monitored low-cost improvements which have not adequately addressed the safety issue ("incremental approach"). (Limited to 5,000 characters) No other countermeasures are being deployed at the proposed locations other than the countermeasures listed as part of the BCR part of this HSIP Cycle 9 application. None of proposed locations part of this HSIP Cycle 9 have been previously funded through other HSIP application cycles. Within the past 20 years, the City has made various intersection improvements along the various city arterials to reduce collisions, and increase safety for all modes of travel – vehicular, pedestrian, and cyclist. The proposed project intersections have not been previously addressed. There have been no other safety measures, improvements, or projects deployed at the proposed locations.
There also has not been any previous federal funds from previous projects as part of this HSIP application within the last 5 years. The City has been funded for other HSIP projects in other cycles, however as stated above none of proposed locations part of this HSIP Cycle 9 overlap with previously funded projects.
5. Other Comments
Explain here if this project requests any exceptions to the rules (such as “PE no more than 25%”, “ROW no more than 10%” and “CE no more than 15%” rules), or if you have any other comments. (Limited to 5,000 characters) No other comments.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 50 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
III. Project Cost, Safety Countermeasures and Benefit Cost Ratio (BCR) Please transfer the below from the HSIP Analyzer. Please make sure you have reviewed the HSIP Analyzer instructions and completed the HSIP Analyzer correctly.
For some funding set-asides, only the project cost information is required. Please review the Application Form Instructions for details.
Total Project Cost
$601,300
HSIP Funds Requested
$601,300
Project's Maximum Federal Reimbursement Ratio
(e.g. enter 90 for 90%)
100%
Countermeasures
Number of Countermeasures Utilized (Max 3): 2
Countermeasure No. 1 S2: Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number Countermeasure No. 2 S19: Install pedestrian countdown signal heads Project Benefit
$8,687,745
Benefit Cost Ratio (BCR)
14.45 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 51 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
IV. Implementation Schedule (See Application Form Instructions) The local agency is expected to deliver the project per Caltrans Local Assistance Safety Program Delivery requirements.
In order for the milestones to be calculated correctly, all fields need to be filled in. For steps that are not applicable, enter "0".
Target Date for the Project's Amendment into the FTIP: 01/01/2019 Time for agency to internally staff project and request PE authorization: 3 Month(s) Typical time for Caltrans and FHWA to process and approve PE authorization: 2 Month(s) Proposed PE Authorization Date: 06/01/2019 (PE Authorization Delivery Milestone) Will external consultants be required to complete the PE phase of this project? Yes Additional time needed to the Delivery Process for hiring PE consultant(s): 6 Month(s) (0 - 6) Time to prepare environmental studies request: 2 Month(s) Time to complete CEQA/NEPA studies/approvals: 2 Month(s) See PES Form in the LAPM for Typical studies and permits Time to complete the Right of Way Acquisition (federal process): 2 Month(s) Plan on 18 months minimum for federal process including a condemnation Time to complete final PS&E documentation: 9 Month(s)
Other: 0 Month(s)
Expected Completion Date for the PE Phase: 03/01/2021
Time for agency to request CON authorization: 3 Month(s) Typical time for Caltrans and FHWA to process and approve CON authorization: 3 Month(s) Proposed CON Authorization Date: 09/01/2021 (CON Authorization Delivery Milestone) Time included for the agency's workload-leveling or construction-window needs: 4 Month(s) Time to award contract with CON contractor (following the federal process, including Board/Council approval, advertise, award, execute and mobilize):
3 Month(s)
Time to complete construction: 9 Month(s)
Time included for closing the CON contract: 3 Month(s)
Other: 0 Month(s)
Expected Completion Date for the CON Phase: 04/01/2023
Time to complete the project close-out process: 3 Month(s) Typical time for Caltrans and FHWA to process and approve project close-out: 3 Month(s) Expected Completion Date for the project Close-Out: 10/01/2023 (Close-Out Delivery Milestone) City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 52 of 141
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 08/2018)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
V. Application Attachments (See Application Form Instructions) Please attach all files as needed. Note: files may not be attachable if file is open. Close before attach.
1. Engineer's Checklist
1-Engineer's Checklist (SEM - Signed).pdf
(Required for all projects)
2. Vicinity map/Location map
2-Vicinity & Location Map (SEM).pdf
(Required for all projects)
3. Project maps/plans showing existing and proposed conditions 3-Existing & Proposed Conditions (SEM).pdf
(Required for all projects)
4. Pictures of Existing Condition
4-Pics of Existing (SEM).pdf
(Required for all projects)
5. HSIP Analyzer
5-HSIP Analyzer (SEM).pdf
(Required for all projects)
6. Collision diagram(s)
6-Collision Diagrams (SEM).pdf
(Required for this project)
7. Collision List(s)
7-Collision Lists (SEM).pdf
(Required for this project)
8. Warrant Studies
8-Warrant Studies - NOT APPLICABLE.pdf
(Not required for this project)
9. Letter/email of Support from Caltrans (No SHS involved - not required for this project) 9-Letter or Email from Caltrans - NOT APPLICABLE.pdf
10. Additional narration, documentation, letters of support, etc. (Optional) 10-Letters of Support from Elected Officials (SEM).pdf
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 53 of 141
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 54 of 141
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 55 of 141
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 56 of 141
April 2018 HSIP Cycle 9 Application, Engineer's Checklist Signature and Stamp Page
LicensedEngineer:
Name: Engineer's Stamp:
Title:
EngineerLicenseNumber:
Signature:
Date:
Email:
Phone:
To ensure the application's quality and the agency's commitmentto deliverthe safety projectin an expeditedmanner,the applicationmustbesignedby theAgency's Transportation/Traffic EngineeringManager.
By signing this application,the manageris attesting to:
1. All data in the application is accurate and represents the total scope of the planned project;
2. The agency understands the Project Delivery Requirements for the HSIP Program and is prepared to deliver the project per these requirements; and
3. The agency understands if Caltrans staff determine that any of the above requirements are not met, or data is inaccurate, or the application fails to meet the program guidelines and application instructions, the application will be rejected and will not be eligible to receive federal safety funding. Due to time constraints in the evaluation process, applicants will not be notified until after the selection process is complete. Refer to Application Form Instructions for more information.
Transportation Manager:
Name:
Title:
Signature:
Date:
Michael Ackerman
[email protected]
8-27-2018
C64663
City Engineer
626-579-6540
Rene Salas
Director ofPublicWorks
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 57 of 141
ATTACHMENT 2: VICINITY MAP / LOCATION MAP
City of South El Monte (Sponsoring Agency)
City of South El Monte (Sponsoring Agency) HSIP Cycle 9
S O U T H E L
M O N T E E L M O N T E
Scale
P R O J E C T L O C A T I O N S
1000’
6 5
7 8
1 2
3 4
Garvey Ave & Chico Ave
Garvey Ave & Potrero Ave
Chico Ave & Rush St
Potrero Ave & Rush St
L E G E N D City Boundary
2 R O S E M E A D
1 5
Merced Ave & Rush St
Central Ave & Rush St
Tyler Ave & Rush St
Durfee Ave & Rush St
CALTRANS DISTRICT 7
COUNTY: LOS ANGELES
LOCAL AGENCY: MONTEREY PARK
County of Los
Angeles in the
State of California
City of South El
Monte in Los
Angeles County
10 9
11 Santa Anita Ave & Tyler Ave
Michael Hunt Dr & Santa Anita Ave
Durfee Ave & Peck Rd
Garvey Ave &
Chico Ave
Garvey Ave &
Potrero Ave
Merced Ave
& Rush St
4 9
6 7
Santa Anita Ave
& Tyler Ave
Tyler Ave &
Rush St
Central Ave &
Rush St
Potrero Ave &
Rush St
Chico Ave &
Rush St
3 Michael Hunt Dr
& Santa Anita Ave
10 8
11 Durfee Ave
& Peck Rd
Durfee Ave
& Rush St
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 58 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 1 Garvey Ave & Chico Ave
E X I S T I N G C O N D I T I O N S
1 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in all legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Garvey Ave
Chico Ave
Right-of- Way Width
Roadway Width
35’
60’
Right-of- Way Width
Roadway Width
76’
100’
Lane Configuration
100’
Roadway Width
76’
Right-of- Way Width
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 1 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 59 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 2 Garvey Ave & Potrero Ave
E X I S T I N G C O N D I T I O N S
2 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in north, east,
and south legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Garvey Ave
Potrero Ave
Right-of- Way Width
Roadway Width
44’
62’
Right-of- Way Width
Roadway Width
46’
62’
Right-of- Way Width
Roadway Width
76’98’
Lane Configuration
Roadway Width
76’
Right-of- Way Width
98’
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 2 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 60 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 3 Chico Ave & Rush St
E X I S T I N G C O N D I T I O N S
3 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in all legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Rush St
Chico Ave
Right-of- Way Width
Roadway Width
44’
64’
Right-of- Way Width
Roadway Width
40’
64’
Right-of- Way Width
Roadway Width
64’
80’
Lane Configuration
Roadway Width
64’
Right-of- Way Width
80’
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 3 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 61 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 4 Potrero Ave & Rush St
E X I S T I N G C O N D I T I O N S
4 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in all legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Rush St
Potrero Ave
Right-of- Way Width
Roadway Width
42’
60’
Right-of- Way Width
Roadway Width
42’
64’
Right-of- Way Width
Roadway Width
64’
80’
Lane Configuration
Roadway Width
64’
Right-of- Way Width
80’
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 4 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 62 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 5 Merced Ave & Rush St
E X I S T I N G C O N D I T I O N S
5 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in all legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Rush St
Merced Ave
Right-of- Way Width
Roadway Width
62’
76’
Right-of- Way Width
Roadway Width
62’
78’
Right-of- Way Width
Roadway Width
64’
80’
Lane Configuration
Roadway Width
64’
Right-of- Way Width
80’
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 5 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 63 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 6 Central Ave & Rush St
E X I S T I N G C O N D I T I O N S
6 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in all legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Rush St
Central Ave
Right-of- Way Width
Roadway Width
44’
58'
Right-of- Way Width
Roadway Width
44’
60’
Right-of- Way Width
Roadway Width
78’64’
Lane Configuration
Roadway Width
64’
Right-of- Way Width
78’
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 6 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 64 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 7 Tyler Ave & Rush St
E X I S T I N G C O N D I T I O N S
7 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in all legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Rush St
Lane Configuration
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 7 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 65 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 8 Durfee Ave & Rush St
E X I S T I N G C O N D I T I O N S
8 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in the north,
east, and south legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Lane Configuration
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 8 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 66 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 9 Santa Anita Ave & Tyler Ave
E X I S T I N G C O N D I T I O N S
9 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in north, south,
west legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Lane Configuration
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 9 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 67 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 10 Michael Hunt Dr & Santa Anita Ave
E X I S T I N G C O N D I T I O N S
10 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Yellow marked crosswalk in all
legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Lane Configuration
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 10 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 68 of 141
ATTACHMENT 3: PROJECT MAPS/PLANS SHOWING EXISTING AND PROPOSED CONDITIONS City of South El Monte (Sponsoring Agency) HSIP Cycle 9 11 Durfee Ave & Peck Rd
E X I S T I N G C O N D I T I O N S
11 P R O P O S E D C O N D I T I O N S
Scale
✓ Signalized intersection
✓ Marked crosswalk in all legs
Proposed Improvements include:
Installation of countermeasure 1 (S2: Improve Signal Hardware) • All lenses will be upgraded to 12” LED vehicle heads
• All back-plates and mountings will be updated
Installation of countermeasure 2 (S19: Install pedestrian countdown signal heads) • A Pedestrian Countdown Signal Head will be installed at all leg crossings Right-of- Way Width
Roadway Width
80’
100’
Right-of- Way Width
Roadway Width
84’
100’
Right-of- Way Width
Roadway Width
98’
80’
Lane Configuration
Roadway Width
48’
Right-of- Way Width
66’
100’
Please Note:
a) These concept plans show the limits of the proposed improvements and these proposed improvements are technically feasible and design standards will be met.
b) The proposed improvements fall within the existing right-of-way. 11 of 11 City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 69 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 1: Garvey Ave and Chico Ave
Aerial view of Intersection 1 at Garvey Ave and Chico Ave Photo of Existing Conditions for Intersection 1: Street View on Garvey Ave (WB) View at Chico Ave. Countermeasures S2 and S19 will be applied to this intersection.
Garvey Ave
Chico Ave
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 70 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Photo of Existing Conditions for Intersection 1: Street View on Garvey Ave (WB) View at Chico Ave.
Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 1: Street View on Garvey Ave (EB) View at Chico Ave.
Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 71 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 2: Garvey Ave and Potrero Ave
Aerial view of Intersection 2 at Garvey Ave and Potrero Ave Photo of Existing Conditions for Intersection 2: Street View on Garvey Ave (SB) View at Potrero Ave. Countermeasures S2 and S19 will be applied to this intersection.
Garvey Ave
Potrero Ave
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 72 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Photo of Existing Conditions for Intersection 2: Street View on Garvey Ave (WB) View at Potrero Ave. Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 2: Street View on Garvey Ave (NB) View at Potrero Ave. Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 73 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 3: Chico Ave and Rush St
Aerial view of Intersection 3 at Chico Ave and Rush St
Photo of Existing Conditions for Intersection 3: Street View on Chico Ave (SB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Rush St
Chico Ave
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 74 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Photo of Existing Conditions for Intersection 3: Street View on Chico Ave (WB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 3: Street View on Chico Ave (EB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 75 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 4: Potrero Ave and Rush St
Aerial view of Intersection 4 at Potrero Ave and Rush St Photo of Existing Conditions for Intersection 4: Street View on Potrero Ave (SB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 4: Street View on Potrero Ave (NB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Rush St
Potrero Ave
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 76 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 5: Merced Ave and Rush St
Aerial view of Intersection 5 at Merced Ave and Rush St Photo of Existing Conditions for Intersection 5: Street View on Merced Ave (EB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Rush St
Merced Ave
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 77 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Photo of Existing Conditions for Intersection 5: Street View on Merced Ave (NB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 78 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 6: Central Ave and Rush St
Aerial view of Intersection 6 at Central Ave and Rush St Photo of Existing Conditions for Intersection 6: Street View on Central Ave (SB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 6: Street View on Central Ave (WB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Rush St
Central Ave
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 79 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 7: Tyler Ave and Rush St
Photo of Existing Conditions for Intersection 7: Street View on Tyler Ave (EB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Aerial view of Intersection 7 at Tyler Ave and Rush St
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 80 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Photo of Existing Conditions for Intersection 7: Street View on Tyler Ave (NB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 7: Street View on Tyler Ave (SB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 81 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 8: Durfee Ave and Rush St
Photo of Existing Conditions for Intersection 8: Street View on Durfee Ave (WB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 8: Street View on Durfee Ave (SB) View at Rush St.
Countermeasures S2 and S19 will be applied to this intersection.
Aerial view of Intersection 8 at Durfee Ave and Rush St City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 82 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 9: Santa Anita Ave and Tyler Ave
Aerial view of Intersection 9 at Santa Anita Ave and Tyler Ave Photo of Existing Conditions for Intersection 9: Street View on Santa Anita Ave (NB) View at Tyler Ave. Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 83 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Photo of Existing Conditions for Intersection 9: Street View on Santa Anita Ave (NB) View at Tyler Ave. Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 9: Street View on Santa Anita Ave (EB) View at Tyler Ave. Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 84 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 10: Michael Hunt Dr. and Santa Anita Ave.
Aerial view of Intersection 10 at Santa Anita Ave and Michael Hunt Dr Photo of Existing Conditions for Intersection 10: Street View on Santa Anita Ave (EB) View at Michael Hunt Dr. Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 85 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Photo of Existing Conditions for Intersection 10: Street View on Santa Anita Ave (WB) View at Michael Hunt Dr. Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 10: Street View on Santa Anita Ave (SB) View at Michael Hunt Dr. Countermeasures S2 and S19 will be applied to this intersection.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 86 of 141
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
_____________________________________________________________________________________
Intersection 11: Durfee Ave and Peck Rd
Aerial view of Intersection 11 at Durfee Ave and Peck Rd Photo of Existing Conditions for Intersection 11: Street View on Durfee Ave (SB) and Peck Rd.
Countermeasures S2 and S19 will be applied to this intersection.
Photo of Existing Conditions for Intersection 11: Street View on Durfee Ave (EB) and Peck Rd.
Countermeasures S2 and S19 will be applied to this intersection.
Durfee Ave
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 87 of 141
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City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 97 of 141
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 1: GARVEY AVE AND CHICO AVE
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 1 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 3
Property Damage Only 14
Total 17
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 1
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 2
Property Damage Only 0
Total 3
TOTAL
CRASHES 20
1 Garvey Ave
Chico Ave
Scale
7 2
3 4
5 6
9 8
10 11
12 13
14 15 16
17 18
19 20
80’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 2: GARVEY AVE AND POTRERO AVE
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 2 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 6
Property Damage Only 9
Total 15
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 0
TOTAL
CRASHES 15
4 Garvey Ave
Potrero Ave
Scale
1 2
3 5
6 7
8 9 10
11 12
13 14
15 80’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 3: CHICO AVE AND RUSH ST
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 3 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 1
Injury - Complaint of Pain 7
Property Damage Only 11
Total 19
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 0
TOTAL
CRASHES 19
Rush St
Chico Ave
Scale
1 2
3 4
5 6 7
8 9
10 11
12 13
14 15
16 17
18 19
70’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 4: POTRERO AVE AND RUSH ST
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 4 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 1
Injury - Complaint of Pain 4
Property Damage Only 13
Total 18
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 0
TOTAL
CRASHES 18
Rush St
Potrero Ave
Scale
2 1
3 4
5 6
7 8 9
10 11
12 13
14 15
16 17 18
90’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 5: MERCED AVE AND RUSH ST
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 5 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 1
Injury - Complaint of Pain 4
Property Damage Only 9
Total 14
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 1
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 1
TOTAL
CRASHES 15
1 2
Rush St
Merced Ave
Scale
13 3 4
5 6
7 8
9 10
11 12
14 15
100’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 6: CENTRAL AVE AND RUSH ST
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 6 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 2
Injury - Complaint of Pain 6
Property Damage Only 7
Total 15
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 1
Severe Injury 1
Injury - Other Visible 1
Injury - Complaint of Pain 1
Property Damage Only 0
Total 3
TOTAL
CRASHES 18
Rush St
Central Ave
Scale
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
90’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 7: TYLER AVE AND RUSH ST
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 7 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 2
Injury - Complaint of Pain 4
Property Damage Only 4
Total 10
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 0
TOTAL
CRASHES 10
Rush St
Scale
4 3
1 2
5 6
7 8
9 10
100’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 8: DURFEE AVE AND RUSH ST
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 8 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 2
Injury - Complaint of Pain 6
Property Damage Only 19
Total 27
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 1
Injury - Complaint of Pain 3
Property Damage Only 0
Total 4
TOTAL
CRASHES 31
1 Scale
13 18
10 2
3 4
5 6
7 8
9 11
12 14
15 16
17 19
20 21 22
23 24
25 26 27
28 29 30
31 90’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 9: SANTA ANITA AVE AND TYLER AVE
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 9 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 4
Property Damage Only 4
Total 8
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 0
TOTAL
CRASHES 8 Scale
4 1
2 3
5 6
7 8
100’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 10: MICHAEL HUNT DR & SANTA ANITA AVE
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 10 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 1
Injury - Complaint of Pain 5
Property Damage Only 6
Total 12
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 1
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 1
TOTAL
CRASHES 13 Scale
6 2 1
3 4
5 7
9 8
10 11
12 13
100’
ATTACHMENT 6: Collision Diagrams (Required)
CITY OF SOUTH EL MONTE
INTERSECTION 11: DURFEE AVE AND PECK RD
CM S2: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number CM S19: Install pedestrian countdown signal heads
All crash types shown below were used to calculate the Cost/Benefit Ratio for the above CMs Each collision location below matches the crashes in Attachment 7: Collision List. All data is a direct output from the Statewide Integrated Traffic Record System (SWITRS) and TIMS.
V: Application Attachments: Attachment 6 | Cycle 9 Highway Safety Improvement Program (HSIP) 11 LEGEND
ALL COLLISIONS - Crash Type
(Non Ped & Bike Collisions/Crashes)
# of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 23
Total 23
PED & BIKE - Crash Type # of
Crashes
Fatality (Death) 0
Severe Injury 0
Injury - Other Visible 0
Injury - Complaint of Pain 0
Property Damage Only 0
Total 0
TOTAL
CRASHES 23
1 Scale
2 3
4 5
6 7
8 9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 90’
H S I P C Y C L E 9
A T TAC HM E NT 8
Warrant Studies (Not required for this project)
N/A
NO ITEM ATTACHED BECAUSE THIS
ITEM IS NOT APPLICABLE TO THIS
PROJECT.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 109 of 141
H S I P C Y C L E 9
A T TAC HM E NT 9
Letter/email of Support from Caltrans (No SHS involved - not required for this project)
N/A
NO ITEM ATTACHED BECAUSE THIS
ITEM IS NOT APPLICABLE TO THIS
PROJECT.
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 110 of 141
H S I P C Y C L E 9
A T TAC HM E NT 10
Additional narration, documentation, letters of support, etc.
The following pages have support letters for the City’s HSIP Cycle 9 Project as follows:
• Congresswomen Linda T. Sanchez for the 38th District
• State Senator Ed Hernandez, O.D. for the 22nd Senate District • Assemblymember Majority Leader Ian C. Calderon for the 57th District City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 111 of 141
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 112 of 141
August 29, 2018
Mr. Steve Novotny
CALTRANS
100 S. Main St, #12.040
Los Angeles, CA 90012-3712
Dear Mr. Novotny:
I am writing to convey my strong support of the South El Monte Highway Safety Improvement Project under the Caltrans Highway Safety Improvement Program (HSIP) Cycle 9 and to encourage approval of this project. The city of South El Monte is located in California’s 22nd Senate District, which I represent. This project is a priority for me and the residents of South El Monte. For the reasons detailed below, it is clear that the economic and social benefits of this project will improve pedestrian, bicycle, and vehicles modes of travel through various safety countermeasures.
The citywide proposed project will focus on safety improvements at locations with a high concentration of automobile, pedestrian, and bicycle accidents due to inadequate and aging infrastructure. The locations receiving upgrades are at signalized intersections within city limits. Enhancements include crosswalk and signal upgrades.
Sites were selected based on crash data information and improvements were identified based on pre-selected safety countermeasures as part of the HSIP grant application guidelines. The grant funding will directly address the improvements needed in the city for driver, pedestrian, and bicyclist safety.
I commend the city of South El Monte for their continued efforts to improve driver, pedestrian, and bicyclist safety within the community. I am in full support of this project and urge the approval of the South El Monte Highway Safety Improvement Project.
Respectfully,
DR. ED HERNANDEZ, O.D.
State Senator
22nd Senate District
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 113 of 141
August 28, 2018
CALTRANS
Caltrans Local Assistance Office, District 7 – HSIP Program (Cycle 9) Attn: Mr. Steve Novotny
100 South Main Street, #12.040
Los Angeles, CA 90012‐3712
RE: HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) LETTER OF SUPPORT
FOR THE CITY OF SOUTH EL MONTE
Dear Mr. Novotny:
I am writing you to express my strong support of the City of South El Monte’s application for grant funding through the Highway Safety Improvement Project (HSIP) Cycle 9.
I applaud the City’s commitment to increased vehicle and non-motorized user safety, and reduction of their pedestrian and bicycle collision rates. With these funds, several signalized intersections within the City will be improved with safety upgrades. HSIP funding is critical to the implementation of these necessary enhancements that will ultimately reduce collision rates.
Thank you for your thoughtful consideration. If I can be of any assistance in regards to this matter, please feel free to contact my district office at (562) 692-5858.
Sincerely,
Ian C. Calderon
Majority Leader, 57th District
IC:rd
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 114 of 141
ATTACHMENT E
REQUIRED FORMS TO BE SUBMITTED WITH THE TECHNICAL PROPOSAL Attachment E.1 - Exhibit 10-I: Notice To Proposers DBE Information Attachment E.2 - Exhibit 10-O1: Consultant Proposal DBE Commitment Attachment E.3 - Exhibit 10-Q: Disclosure of Lobbying Activities City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 115 of 141
ATTACHMENT E
REQUIRED FORMS TO BE SUBMITTED WITH THE TECHNICAL PROPOSAL Attachment E.1 - Exhibit 10-I: Notice To Proposers DBE Information Attachment E.2 - Exhibit 10-O1: Consultant Proposal DBE Commitment Attachment E.3 - Exhibit 10-Q: Disclosure of Lobbying Activities City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 116 of 141
I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____
1. 2.
3. 4.
TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.
DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
January 2020
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 117 of 141
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.
If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website
1. Click on the link titled Disadvantaged Business Enterprise;
2. Click on Search for a DBE Firm link;
3. Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.
January 2020
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 118 of 141
ATTACHMENT E
REQUIRED FORMS TO BE SUBMITTED WITH THE TECHNICAL PROPOSAL Attachment E.1 - Exhibit 10-I: Notice To Proposers DBE Information Attachment E.2 - Exhibit 10-O1: Consultant Proposal DBE Commitment Attachment E.3 - Exhibit 10-Q: Disclosure of Lobbying Activities City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 119 of 141
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
Local Agency to Complete this Section
17. Local Agency Contract Number:
18. Federal-Aid Project Number:
19. Proposed Contract Execution Date:
20. 21. Local Agency Representative's Signature 22. Date
23. Local Agency Representative's Name 24. Phone
25. Local Agency Representative's Title
Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
9. DBE Contact Information
11. TOTAL CLAIMED DBE PARTICIPATION
10. DBE %
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
12. Preparer's Signature 13. Date
14. Preparer's Name 15. Phone
16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
January 2019
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 120 of 141
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.
21. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.
24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
LPP 18-01 Page 2 of 2
January 2019
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 121 of 141
ATTACHMENT E
REQUIRED FORMS TO BE SUBMITTED WITH THE TECHNICAL PROPOSAL Attachment E.1 - Exhibit 10-I: Notice To Proposers DBE Information Attachment E.2 - Exhibit 10-O1: Consultant Proposal DBE Commitment Attachment E.3 - Exhibit 10-Q: Disclosure of Lobbying Activities City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 122 of 141
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B -
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
LPP 13-01 May 8, 2013
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 123 of 141
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04
LPP 13-01 May 8, 2013
City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 124 of 141
ATTACHMENT F
REQUIRED FORMS TO BE SUBMITTED WITH THE FEE PROPOSAL
Attachment F.1 - Exhibit 10-H1: Cost Proposal Form
Attachment F.2 - Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial Management System
Attachment F.3 - Exhibit 10-O2: Consultant Contract DBE Commitment City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 125 of 141
ATTACHMENT F
REQUIRED FORMS TO BE SUBMITTED WITH THE FEE PROPOSAL
Attachment F.1 - Exhibit 10-H1: Cost Proposal Form
Attachment F.2 - Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial Management System
Attachment F.3 - Exhibit 10-O2: Consultant Contract DBE Commitment City of South El Monte, RFP for Design Services, HSIPL-5352(020) Document Control Page 126 of 141
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) _______________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________
INDIRECT COSTS
d) Fringe Benefits (Rate: _____ )
f) Overhead (Rate: _____ )
e) Total Fringe Benefits [(c) x (d)] _______________
g) Overhead [(c) x (f)] _______________
h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________
FIXED FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.