Gloria Olmos, Mayor/Chair
Manuel Acosta, Mayor Pro Tem/
Vice Chair
Richard Angel, Councilmember/
Boardmember
Hector Delgado, Councilmember/
Boardmember
Gracie Retamoza, Councilmember/
Boardmember
Rene Salas, Interim City
Manager/Executive Director
Donna G. Schwartz, City
Clerk/Secretary
Anthony R. Taylor, City
Attorney/General Counsel
CITY OF SOUTH EL MONTE
REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
October 25, 2022, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
***SPECIAL NOTICE REGARDING COVID-19***
On September 16, 2021, Governor Newsom signed AB 361, which modified the Brown Act to allow for teleconferencing participation at local legislative body public meetings during a proclaimed state of emergency. Pursuant to Government Code Section 54953(e) as amended by AB 361, City Council is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically available to all members of the public seeking to observe and to address the local legislative body. Public participation will be allowed via the information below.
PUBLIC COMMENT
To participate during public comment via teleconference, see below:
Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or Call In: 1 669 900 6833, when prompted, enter 86581711880#
LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 ext. 3280 or ext. 3220 at least 72 hours prior to the meeting.
GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 579-6540 ext. 3280 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.
MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.
POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).
Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.
VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.
ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:
Donna G. Schwartz, CMC, City Clerk
Ph (626) 579-6540 ext. 3280
Cell (626) 274-4842
Paola Lara, Deputy City Clerk
Ph (626) 579-6540 ext. 3220
Cell (626) 374-1998
AGENDA BEGINS ON THE FOLLOWING PAGE
1. ROLL CALL
Councilmembers: Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos
2. PLEDGE OF ALLEGIANCE
Councilmember Hector Delgado
3. INVOCATION
Israel Alacio, Community Services Commissioner
4. PRESENTATIONS
4.a. Presentation of a Plaque to Dr. Gus Frias In Recognition of His Leadership in the Harvard Latino Leadership Academy Held in South El Monte
4.b. Certificates of Recognition Presented to the Harvard Latino Leadership Academy Essay Scholarship Winners
4.c. Presentation by Kimberly Luna, Health Promotions Specialist, American Lung Association on Youth Vaping Epidemic
4.d. Annual Update By State Auditor on the City of South El Monte's Financial Status
4.e. Sheriff's Department Report for the Month of September
4.f. Code Enforcement and Public Safety Department Report for the Month of September 2022
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.
6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof.
Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES FOR OCTOBER 11, 2022
Staff is requesting approval of Minutes for the October 11, 2022 Regular City Council Meeting.
RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of October 11, 2022.
7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-85, APPROVING WARRANTS FOR THE PERIOD OF OCTOBER 12, 2022
THROUGH OCTOBER 25, 2022
Authorizing payment of City expenditures for the period of October 12, 2022, through October 25, 2022 totaling $416,743.12.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-85, authorizing payment of City expenditures.
7.c. CONSIDERATION FOR AUTHORIZATION TO SEEK REQUEST FOR
PROPOSALS (RFP) FOR PROFESSIONAL SERVICES FOR THE
PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
Staff seeks City Council approval to issue Request for Proposals (RFP) for professional services for the Pavement Management Program (PMP) Update.
RECOMMENDED ACTION: Staff recommends City Council approve an RFP for professional services for the Pavement Management Program (PMP) Update and authorize staff to solicit proposals.
7.d. CONSIDERATION FOR AUTHORIZATION TO SEEK REQUEST FOR
PROPOSALS (RFP) FOR DESIGN SERVICES FOR TRAFFIC SIGNAL
IMPROVEMENTS AT LEE AVE & GARVEY AVE AND DURFEE AVE &
PECK RD - MICHAEL HUNT DRIVE
Staff seeks City Council approval to issue Request for Proposals (RFP) for design services for traffic signal improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Dr within the City. The scope of improvements are part of the Highway Safety Improvement Program (HSIP) Cycle 10 project.
RECOMMENDED ACTION: Staff recommends City Council approve an RFP for design services for traffic signal improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Dr (HSIP Cycle 10 project) and authorize staff to solicit proposals.
8. PUBLIC HEARINGS - None
9. GENERAL BUSINESS
9.a. ORDINANCE NO. 1261, AMENDING THE SOUTH EL MONTE
MUNICIPAL CODE BY MODIFYING TITLE 15 THEREOF ADOPTING BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE
(TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), GREEN BUILDING STANDARDS CODE (TITLE 31), FIRE CODE (TITLE 32) AND EXISTING BUILDING CODE (TITLE 33), WITH CERTAIN
AMENDMENTS, ADDITIONS AND DELETIONS THERETO
Since incorporation, the City has adopted the Los Angeles County building codes by reference. These codes contain essential amendments and additions to the State Building Codes. Included in these amendments are the important chapters for grading, seismic requirements and substandard properties. The State of California adopts and publishes State Building Codes and mandates they become effective throughout the State 180 days after publication.
RECOMMENDED ACTION: Staff recommends City Council:
1. Waive first reading and introduce Ordinance No. 1261, amending the South El Monte Municipal Code by modifying Title 15 thereof adopting by reference the 2023 Los Angeles County Building Code (Title 26), Electrical Code (Title 27), Plumbing Code (Title 28), Mechanical Code (Title 29), Residential Code (Title 30), Green Building Standards Code (Title 31), Fire Code (Title 32), and Existing Building Code (Title 33), with certain amendments, additions and deletions thereto, and
2. Schedule a public hearing at a future city council meeting to consider adoption of said Ordinance.
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234, section 53232.3(d) requires Members of a legislative body to provide brief reports on meetings attended at the expense of the local agency (i.e., League of California Cities Conferences, ICSC conferences, etc.) at the next regular meeting of the legislative body.
11. CORRESPONDENCE
11.a. FEE WAIVER REQUEST BY JEFF ORTIZ (“APPLICANT”) FOR A
PERMIT EXTENSION
Jeff Ortiz ("Applicant") requests a waiver of the extension fee in the amount of $965.49 for a permit on file. Mr. Ortiz applied for a permit to make certain improvements to a residential property and has put the project on hold for an indeterminate period of time. Building permits have an expiration date, which can cause applicants to file for a request to extend the permit timeframe. The permit extension requests are subject to a permit extension fee as identified in the City's Municipal Code and/or Fee Ordinance. Mr. Ortiz is requesting the permit extension and the fee waiver be granted in full.
RECOMMENDED ACTION: For City Council's discussion and
consideration of the permit extension fee waiver in the amount of $965.49.
12. COUNCILMEMBERS’ AGENDA
12.a. MAYOR GLORIA OLMOS
1. Consideration to Approve $500 Donation to the El Monte/South El Monte Jets Banquet.
RECOMMENDED ACTION: Discussion and/or action.
2. Examine City Trees Due to Many Complaints from Residents.
RECOMMENDED ACTION: Discussion and/or action.
13. CLOSED SESSION
13.a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: Interim City Manager
13.b. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION
OF LITIGATION
Pursuant to Government Code Section 54956.9 – (one case)
14. RECESS COUNCIL MEETING
15. ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE
SUCCESSOR AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting.
SUCCESSOR AGENCY MEETING
16. CALL TO ORDER AND ROLL CALL
Board Members: Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos
17. APPROVAL OF AGENDA
This is the time for the Board to remove any items from the consent calendar for individual consideration, table, continue, add items, or to make a motion to rearrange the order of this agenda.
18. PUBLIC COMMENTS
Speakers may provide public comments on any matter within the subject matter jurisdiction of the Board, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Board objects, the Chair may provide speakers more or less time to speak. All comments or queries shall be addressed to the Board as a body and not to any specific member thereof.
Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the Board shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
19. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the Board during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR SEPTEMBER 27, 2022
Staff is requesting approval of the Minutes of the September 27, 2022 Successor Agency Meeting.
RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of September 27, 2022.
19.b. PROPOSED DARK SUCCESSOR AGENCY MEETING DATES
Each year staff requests the Successor Agency Board consider "going dark" on the fourth Tuesday in November and December due to the Thanksgiving and Christmas holidays.
RECOMMENDED ACTION: Staff recommends the Successor Agency Board approve going dark on Tuesday, November 22, 2022 and Tuesday, December 27, 2022, due to the Thanksgiving and Christmas holidays.
20. EXECUTIVE DIRECTOR'S AGENDA – None
21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
22. RECONVENE AND ADJOURN COUNCIL MEETING
Meeting is adjourned to an Adjourned Regular meeting on Wednesday, November 9, 2022, at 6:00 p.m., Due to Tuesday, November 8, 2022 is Election Day.
I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 20th day of October 2022.
City Clerk, CMC
City Council Agenda Report
Agenda Item No. 4.a.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Presentation of a Plaque to Dr. Gus Frias In Recognition of His Leadership in the Harvard Latino Leadership Academy Held in South El Monte
SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.b.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Certificates of Recognition Presented to the Harvard Latino Leadership Academy Essay Scholarship Winners
SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.c.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Presentation by Kimberly Luna, Health Promotions Specialist, American Lung Association on Youth Vaping Epidemic
SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Presentation
Addressing the Youth
Vaping Epidemic
South El Monte
Kimberly Luna
Health Promotions Specialist
October 25, 2022
Ø Our Mission: To save lives by improving lung health
and preventing lung disease
Ø Our Vision: A world free of lung disease
Ø Our Strategic Imperatives:
• Defeat lung cancer
• Champion clean air for all
• Improve the quality of life for those with lung disease and their families
• Create a tobacco-free future
American Lung Association
Tobacco Use in
the United States
• Leading cause of
preventable disease,
disability, and death
• 480,000 Americans die
prematurely of smoking or
exposure to secondhand
smoke annually
https://www.cdc.gov/tobacco/data_statistics/index.htm?s_cid=osh -stu-home-nav-005
Vaping
Epidemic
The U.S. Surgeon
General declared ecigarette use among
youth an epidemic in
2018
CDC Vital Signs: Tobacco Product Use Among Middle and High School Students, 2019
Vaping
Epidemic
The U.S. Surgeon
General declared ecigarette use among
youth an epidemic in
2018
Common Vaping Myths
• Not less harmful or addictive than traditional
cigarettes
• Almost all vaping devices contain nicotine
• Secondhand “smoke” is harmful
• Youth who use e-cigarettes are more likely to
smoke traditional cigarettes
6
Nicotine
7 https://www.cdc.gov/tobacco/basic_information/e-cigarettes/Quick-Facts-on-the-Risks-of-E-cigarettes-for-Kids-Teens-and-Young-Adults.html • 99% of e-cigarettes contain it
• Known to harm brain as it develops –
specifically areas that control attention,
mood, and impulse control
Secondhand “Smoke”
from E-Cigarettes
• The aerosol can contain harmful and
potentially harmful substances:
• Nicotine
• Ultrafine particles
• Flavorings linked to serious lung
disease
• Cancer-causing chemicals
• Heavy metals such as nickel, tin, and
lead
https://www.cdc.gov/tobacco/basic_information/e-cigarettes/Quick-Facts-on-the-Risks-of-Ecigarettes-for-Kids-Teens-and-Young-Adults.html Page 19 of 205 Flavored Tobacco
• Appeals to children
• Masks harshness
• 80% of young people who
have ever used a tobacco
product, started with a flavored
product (CDPH)
Flavors Attract Kids
• Considered “starter products”
• Products left out: menthol,
smokeless tobacco, and e-liquids
2009: Congress banned flavored
cigarettes
• Curiosity (54%)
• Appealing flavors (44%)
• Peer influences (32%)
Top reasons teens report trying e
-cigarettes:
https://pubmed.ncbi.nlm.nih.gov/25481917/
11 What is South El Monte Doing About the Epidemic?
• Tobacco Retail License (A)
1. Require fee that covers enforcement & compliance
checks
2. Retailers must obtain license to sell tobacco & renew annually
3. Violations of local, state, or federal law is considered a violation of the license
4. Fines and penalties that include suspension and
revocation of license
Federal Level:
• Apr 2021 FDA announced intent to ban
menthol cigarettes
• To "significantly reduce youth
initiation, increase the chances of
smoking cessation among current
smokers, and address health
disparities"
What Have Other Jurisdictions Done?
• Oct 2019 Unincorporated LA County
restricted flavors, set minimum
pack sizes, and prohibited sales in
pharmacies
• Over 16 local jurisdictions restrict
flavored tobacco including menthol
LA County Policies
Questions?
[email protected]
14 Page 25 of 205
City Council Agenda Report
Agenda Item No. 4.d.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: Annual Update By State Auditor on the City of South El Monte's Financial Status
SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. State Auditor Risk Assessment
State Auditor Annual Financial
Risk Assessment Results
CITY OF SOUTH EL MONTE
October 25, 2022
City of Achievement
State Auditor Annual Risk Assessment
Factors for Determining Financial Health
Scoring Method Determining Financial Risk
South El Monte Assessment Results
Improvement Opportunities
Comparison with Neighboring Cities
Conclusions
2 OVERVIEW
California Government Code Section 8546.10
authorizes the State Auditor to establish an
audit program to identify high-risk cities that
have potential for fraud, waste, abuse or
mismanagement.
An annual risk assessment is performed to
identify those cities with significant financial
challenges. High risk cities are subject to
receive a State audit that focuses on finances
and operations.
After the audit is complete all findings require
a corrective action plan. Follow up with the
State Auditor is done every six months until the
corrections have been implemented.
Audit results are posted on the State Auditor’s
website for the public to view the findings and
the corrective action plans.
3 STATE AUDITOR
ANNUAL ASSESSMENT
Financial Reserves – Is there sufficient reserves
to cover unexpected costs or shortfalls in
revenue?
Debt Burden – How is the city’s level of debt
compared to its income?
Cash Position/Liquidity – Is the city able to pay
its bills in the coming fiscal year?
Revenue Trends – Is the City’s revenue going
down over time?
Retirement Obligations – Does the City have the
ability to pay the retirement benefits it has
obligated to its employees? 4
FACTORS EVALUATED BY STATE AUDITOR
FOR FINANCIAL HEALTH
DETERMINING FINANCIAL RISK
Risk
Designation
Range of Points
Assigned
Description
of Assessment
High Risk 0 to 41.76 This designation means a city has significant risk of experiencing fiscal distress.
Moderate
Risk
41.77 to 71.23 This designation means that a city has some risk of experiencing fiscal distress.
Low Risk 71.24 to 100 This designation indicates that a city has low risk of experiencing fiscal distress.
• South El Monte scored 75.70 out of 100 possible points. This represents an overall Low Risk of experiencing financial distress. This is the overall top category. • The assessment results did include two financial indicators with Moderate Risk and one with High Risk. Solutions addressing these three factors have been assessed. • South El Monte ranked 208 among 430 cities assessed.
• 57 additional cities did not provide requested information to the State Auditor and were not included in the survey. This places them at high risk with the State Auditor.
Key Financial Indicators Total Possible Points South El Monte
1. General Fund Reserves 30.00 16.97
2. Debt Burden 15.00 15.00
3. Liquidity 10.00 10.00
4. Revenue Trends 5.00 3.25
5. Pension Obligations 10.00 8.88
6. Pension Funding 5.00 4.10
7. Pension Costs 5.00 4.17
8. Future Pension Costs 5.00 3.33
9. OPEB Obligations 10.00 10.00
10. OPEB Funding 5.00 0.00
Scoring Totals 100.00 75.70
6 SOUTH EL MONTE SCORECARD OF
TEN KEY FINANCIAL INDICATORS
Key Financial Indicators Total Possible
Points
FY 2020-21 FY 2019-20 FY 2018-19
1. General Fund Reserves 30.00 16.97 15.79 7.20
2. Debt Burden 15.00 15.00 15.00 15.00
3. Liquidity 10.00 10.00 10.00 6.90
4. Revenue Trends 5.00 3.25 3.63 3.00
5. Pension Obligations 10.00 8.88 8.72 8.96
6. Pension Funding 5.00 4.10 3.55 3.65
7. Pension Costs 5.00 4.17 3.89 3.89
8. Future Pension Costs 5.00 3.33 3.33 3.33
9. OPEB Obligations 10.00 10.00 10.00 10.00
10. OPEB Funding 5.00 0.00 0.00 0.00
Scoring Totals 100.00 75.70 73.91 61.937
SOUTH EL MONTE SCORECARD
THREE YEAR TRENDING
Benchmark: City’s General Fund revenues are
increasing modestly and should be sufficient
to cover additional costs without sacrificing
service levels.
Condition: The City has taken actions not
reflected in benchmarking study due to
timing of completion.
Solution #1: In November 2020, Measure ES
providing an additional $1 million of sales
tax revenue was voter approved and now
implemented.
Solution #2: User Fee Study commissioned is
nearing finalization. Will provide some
additional revenue.
Solution #3: Business License Tax. Current
fees are less than surrounding jurisdictions.
An increase may require voter approval and is
going to be reviewed by City Staff. Council
will be briefed on the results.
8 KEY FINANCIAL INDICATORS WHERE
IMPROVEMENT CAN BE ACHIEVED
4. Revenue Trends – Moderate Risk
Benchmark: The financial burden of the City’s
actuarially determined pension contributions is
compared to the present level of revenue. The
impact of increasing pension costs over the last
5 years is then compared to revenue to
determine extent of this impact on funding
other critical City services. Low risk reflects
less than 6% of City costs go towards pension
obligations.
Condition: Currently 9% of the City’s revenues
are committed to employee pension obligations.
This exceeds the 6% requirement to be low risk.
Solution: The issuance of Pension Obligation
Bonds will lower the interest expense paid on
pensions and has been implemented. Also
increased revenues from Measure ES and Fees
for Services study will provide additional
revenue to help pay down pension debt.
9 KEY FINANCIAL INDICATORS WHERE
IMPROVEMENT CAN BE ACHIEVED
8. Future Pension Costs - Moderate Risk
Benchmark: The performance indicator is to assess
the magnitude of a city’s Other Post Employment
Benefits (OPEB) obligations to employees. This is
done by comparing the unfunded OPEB liability to
the revenues the city collects. A city with a
significant unfunded OPEB liability will have to
make larger payments in the future to fund the
obligations, which may strain the ability to provide
services to residents.
Condition: The City’s OPEB obligation to employees
is $1.9 million. This is an unfunded liability since
the OPEB Plan was not funded. The State Auditor
assessed this as high risk.
Solution: The City has addressed this matter and is
now complete. An IRS Section 115 Trust dedicated
to prefunding OPEB for eligible employees was
completed and fully funded. This was not reflected
in the survey results as implementation was after
the reporting period.
10 KEY FINANCIAL INDICATORS WHERE
IMPROVEMENT CAN BE ACHIEVED
10. OPEB Funding – High Risk
Retiree Health Care
11 COMPARISON OF NEIGHBORING CITIES
& SOUTH EL MONTE
City Risk
Rating
State Ranking
Best to Worst
Total
Points
Rosemead Low 405 93.91
La Puente Low 337 87.93
Temple City Low 304 85.31
Pico Rivera Low 284 83.53
South El Monte Low 208 75.70
Covina Moderate 135 68.05
El Monte Moderate 50 56.80
Monrovia Moderate 36 53.42
Monterey Park Moderate 31 53.07
West Covina Moderate 14 47.35
San Gabriel High 3 33.54
Total Average Moderate 164 64.10
The latest assessment results reflect an overall favorable outcome and slight improvement over the prior year.
§ An overall Low Risk rating was achieved
§ Ranked scored 208 among 430 cities
§ Assessed favorably with neighboring cities
Scores on 7 out of 10 benchmarks received a favorable Low Risk rating. Improvement opportunities exist in the other 3 benchmark categories.
§ Two benchmarks were scored as Moderate Risk
§ One benchmark was scored as High Risk
§ The City has developed solutions or has already completed initiatives to address Moderate Risk and High Risk categories. 12 CONCLUSION
City Council Agenda Report
Agenda Item No. 4.e.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: Sheriff's Department Report for the Month of September SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Presentation
South El Monte
September 2022
Crime Statistics
South El Monte
Part I Crime Statistics – September 2022
South El Monte
Part I Crime Statistics – September 2022
South El Monte
Part I Crime Statistics – Monthly Breakdown 2022
& Arrests
SEM 2021 2022
Arrests 1238 910
YTD 9/30
South El Monte
Res Burg 13
Other Burg 223
Petty Theft 55
Grand Theft 109
Theft from Vehicle 101
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 1
Rape 0 0 0 0 0 2 2
Aggravated Assault 9 6 3 4 8 15 45
Robbery 3 5 2 3 5 2 20
Burglary 36 41 19 28 20 18 162
Theft 33 28 28 26 22 40 177
Grand Theft Auto 12 15 16 26 20 11 100
Arson 0 1 0 0 0 0 1
Total 94 96 68 87 75 88 0 0 0 0 0 0 508
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 0 1
Rape 0 0 0 0 0 2 0 2
Aggravated Assault 9 6 3 4 8 15 7 52
Robbery 3 5 2 3 5 2 1 21
Burglary 36 41 19 28 20 21 24 189
Theft 33 28 28 26 22 40 33 210
Grand Theft Auto 12 15 16 26 20 11 17 117
Arson 0 1 0 0 0 0 0 1
Total 94 96 68 87 75 91 82 0 0 0 0 0 593
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 0 0 1
Rape 0 0 0 0 0 2 0 3 5
Aggravated Assault 9 6 3 4 8 15 7 12 64
Robbery 3 5 2 3 5 2 1 0 21
Burglary 36 41 19 28 20 21 24 26 215
Theft 33 28 28 26 22 40 35 26 238
Grand Theft Auto 12 15 16 26 20 11 17 12 129
Arson 0 1 0 0 0 0 0 0 1
Total 94 96 68 87 75 91 84 79 0 0 0 0 674
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 0 0 0 1
Rape 0 0 0 0 0 2 0 3 0 5
Aggravated Assault 9 6 3 4 8 15 7 12 4 68
Robbery 3 5 2 3 5 2 1 0 5 26
Burglary 36 41 19 28 20 21 24 26 21 236
Theft 33 28 28 26 22 40 35 28 25 265
Grand Theft Auto 12 15 16 26 20 11 17 12 13 142
Arson 0 1 0 0 0 0 0 0 0 1
Total 94 96 68 87 75 91 84 81 68 0 0 0 744
City Council Agenda Report
Agenda Item No. 4.f.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: Code Enforcement and Public Safety Department Report for the Month of September 2022
SUMMARY:
RECOMMENDED ACTION:
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Presentation
City of South El Monte
Public Safety Report
September 2022 Recap
Colby Cataldi, Director
Community Development/Public Works
Code Cases by Location
SEPTEMBER – 54
BUILDING CODE PROPERTY
MAINTENANCE
STREETS/PUBLIC
PLACES
VEHICLE/TRAFFIC BUSINESS ZONING
5 9
11 2
25 2
Parking Citations
SEPTEMBER – 486
0 10 20 30 40 50
NO PARKING/STOPPING ZONE
80" W PARKED OVER 30 MIN
POSTED SIGNS
DISCONNECTED TRAILER
OVERWEIGHT RESTRICTED
LAWN PARKING
RED
BLOCKING DRIVEWAY
ON SIDEWALK
DOUBLE PARK
18' FROM CURB
15FT FROM HYDRANT
NO CURRENT TAGS
OTHER
11 40
35 26
4 8
32 7
13 5
10 14
28 43
NIGHT
(101)
DAY
(199)
STREET SWEEPING
SEPT – 300
Rosemead Blvd. Homeless Clean-up Santa Anita Food Vendor ________________________________________________________________________________________________________________________________________________________________________________
City Council Agenda Report
Agenda Item No. 7.a.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES FOR OCTOBER 11, 2022
SUMMARY: Staff is requesting approval of Minutes for the October 11, 2022 Regular City Council Meeting.
RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of October 11, 2022.
FISCAL IMPACT: None.
DISCUSSION: None.
ATTACHMENT(S):
A. Minutes
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, OCTOBER 11, 2022 - 6:00 PM
1. ROLL CALL
Mayor Olmos called the meeting to order at 6:01 PM
PRESENT: Councilmember(s): Angel, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
ABSENT: Councilmember(s): Delgado
STAFF PRESENT: Rene Salas, Interim City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Colby Cataldi, Community Development Director; William Fox, Interim Finance Director; and Paola Lara, Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
2. PLEDGE OF ALLEGIANCE – Mayor Pro Tem Manuel Acosta led the Pledge of Allegiance
At 6:03 p.m., Councilmember Delgado joined the meeting (via zoom).
3. INVOCATION – Pastor Don Antelo, Calvary Chapel of South El Monte, offered the Invocation.
Mayor Olmos announced there were two Proclamations to be added to the agenda: Proclamation Proclaiming the Month of October as Domestic Violence Month and Proclamation Proclaiming the Month of October as Breast Cancer Awareness Month.
City Attorney Anthony R. Taylor announced for Item 7.e., there was an amendment to Appendix A of Resolution No. 22-83, copies were distributed to City Council and were available for the public.
4. PRESENTATIONS
PROCLAMATIONS ADDED TO THE AGENDA
Mayor Olmos read a proclamation proclaiming the month of October 2022 as Domestic Violence month.
Mayor Olmos read a proclamation proclaiming the month of October 2022 as Breast Cancer Awareness month.
4.a. Interim Finance Director William Fox introduced Nicole Kissam and Lauren Guido, NBS Government Finance Group, who presented a PowerPoint on Results of the User Fee Study (via zoom).
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Angel to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None
6. PUBLIC COMMENT
Mayor Olmos opened public comment.
1. Edward Sauceda, South El Monte Resident, suggested the city have a “Ben Lira Day”, money be allocated to assist the Sheriff’s Deputies patrolling the city, and voiced concern with the city surveying all new construction projects and street islands and their landscaping costs.
There being no further comment, Mayor Olmos closed public comment.
7. CONSENT CALENDAR
A motion was made by Councilmember Angel, seconded by Mayor Pro Tem Acosta to approve the Consent Calendar with the amendments made to Item 7.e., Appendix A of Resolution No. 22-83. Motion carried 5-0 by the following vote:
AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None
7.a. Approved Minutes for the Regular City Council meeting held September 27, 2022.
7.b. Adopted Resolution No. 22-81, authorizing payment of City expenditures for the period of September 28, 2022 through October 11, 2022 totaling $1,249,491.68.
7.c. Adopted Resolution No. 22-82, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s legislative bodies, such as utilizing a virtual platform (e.g. Zoom) for the period from October 11, 2022 through November 9, 2022.
7.d. Approved City Council “go dark” on Tuesday, November 22, 2022, and Tuesday, December 27, 2022, due to the Thanksgiving and Christmas holidays.
7.e. Adopted Resolution No. 22-83, as amended, amending the Conflict of Interest Code and repealing Resolution No. 20-95.
8. PUBLIC HEARINGS - None
9. GENERAL BUSINESS
9.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-84,
AWARDING A COOPERATIVE PURCHASING AGREEMENT TO
GAMETIME - PLAYCORE WISCONSIN, INC. - FOR THE PURCHASE
AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT AND
RUBBERIZED SAFETY SURFACING AT NEW TEMPLE AND MARY
VAN DYKE PARKS
Mayor Olmos announced the item.
Community Development Director Colby Cataldi provided the staff report.
A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Retamoza to:
1. Adopt Resolution No. 22-84, awarding a cooperative purchasing agreement to Gametime - Playcore Wisconsin, Inc. for the purchase and installation of new playground equipment and safety surfacing at New Temple and at Mary Van Dyke parks, with the amendment to include Shively Park and the Mini Center, in the amount of $423,908.36;
2. Approve the use of $159,000.00 of Quimby Act funds; and
3. Approve the overall project budget of $455,104.00.
Motion carried 5-0 by the following vote:
AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Mayor Pro Tem Acosta announced his attendance at the California Contract Cities Fall Educational Summit.
Councilmember Retamoza announced her attendance at the Epiphany Car Show.
Councilmember Delgado announced his attendance at the Epiphany Car Show.
Councilmember Angel announced his attendance at the California Contract Cities Fall Educational Summit, Epiphany Car Show, and the Brewers Cancer Awareness Basketball Tournament.
Mayor Olmos announced her attendance at the California Contract Cities Fall Educational Summit, JPIA Conference, and Epiphany Car Show.
Mayor Olmos directed the City Manager to look into bringing CERT classes to the City.
11. CORRESPONDENCE: None
12. COUNCILMEMBERS’ AGENDA:
12.a. Councilmember Richard Angel
1. Consideration of Establishing Dog Park at the Kruse Feed Property Location.
Councilmember Angel recommended opening a temporary dog park at the Kruse property as he has received several requests from residents. Mayor Olmos recommended opening a permanent big dog park and small dog park in the grass area next to the tennis court by the Community Center.
Community Development Director Colby Cataldi presented a map outlining the possible location for a big dog park and small dog park by the tennis court.
Staff was directed to bring back a staff report at a future City Council meeting with additional details for this item.
13. CLOSED SESSION – None
14. ADJOURNMENT
There being no further business coming before this body, at 6:53 p.m. Mayor Olmos adjourned the meeting to Tuesday, October 25, 2022, at 6:00 p.m. ______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor
City Council Agenda Report
Agenda Item No. 7.b.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 85, APPROVING WARRANTS FOR THE PERIOD OF
OCTOBER 12, 2022 THROUGH OCTOBER 25, 2022
SUMMARY: Authorizing payment of City expenditures for the period of October 12, 2022, through October 25, 2022 totaling $416,743.12.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 85, authorizing payment of City expenditures.
FISCAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Resolution No. 22-85
B. Warrants
ATTACHMENT A
RESOLUTION NO. 22-85
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF OCTOBER 12, 2022, THROUGH OCTOBER 25,
2022, TOTALING $416,743.12.
THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.
CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 22/23 Electronic Warrants 10/12/2022-10/25/22 DFT0000342-351 $77,122.52 FY 22/23 Regular Warrants 10/12/2022-10/25/22 11122-11186 $206,675.56 Payroll Manual Check PPE 10/15/2022 1204-1208 $2,503.33 Payroll Check PPE 10/15/2022 1209-1221 $14,450.98
Payroll Direct Deposit PPE 10/15/2022 2555-2641 $115,990.73 TOTAL EXPENDITURES RESOLUTION NO. 22-85 $416,743.12
PASSED, APPROVED, AND ADOPTED this 25th day of October 2022. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-85, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 25th day of October 2022, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 7.c.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION FOR AUTHORIZATION TO SEEK
REQUEST FOR PROPOSALS (RFP) FOR PROFESSIONAL
SERVICES FOR THE PAVEMENT MANAGEMENT PROGRAM
(PMP) UPDATE
SUMMARY: Staff seeks City Council approval to issue Request for Proposals (RFP) for professional services for the Pavement Management Program (PMP) Update.
RECOMMENDED ACTION: Staff recommends City Council approve an RFP for professional services for the Pavement Management Program (PMP) Update and authorize staff to solicit proposals.
FISCAL IMPACT: The proposed services will be funded through Federal and/or State Funds, contingent on City’s eligibility. Upon final contract award, staff will advise the City Council of the proposed not-to-exceed contract amount and confirm funding availability.
DISCUSSION: A Pavement Management Program (PMP) is a planning and budgeting tool used to prioritize street paving and maintenance projects over a five-year period. In order to receive Federal funding for street rehabilitation projects, it is mandated that every mile of eligible Federal-Aid highway within the City (major arterials) be managed with a PMP. Eligibility for State Proposition C funding also requires that a PMP be implemented and updated every three years. A PMP provides a formal systematic approach to assessing, monitoring, and managing the condition of highway pavements in the most cost-effective manner. The results of the study help determine the most appropriate locations and the optimum approach to pavement rehabilitation.
A basic PMP involves dividing the City's street network into segments of approximately one-block lengths. The segments are evaluated by counting the number of cracks, measuring the size and type of cracking and collecting other pavement surface information. The measurements are analyzed mathematically and each segment is given a condition rating number (between 0 and 100) that is used to rank the streets in the order of their conditions. Combined with data on traffic volumes and pavement
thicknesses, the program processes the condition data and produces recommendations for which streets to repair, in what order, the optimum method of repair, and the estimated costs. This information is used to prioritize and schedule street rehabilitation through the long range Capital Improvement Program (CIP) and budget process. The local street system is also monitored and managed by the PMP.
PMP is a Planning Tool, and is updated based on-going Engineering Evaluations: The recommendations generated by the PMP are for planning purposes only, and are not intended to replace sound engineering judgement for actual construction. The PMP is used as the basis for making strategic decisions to plan future work effectively and cost efficiently. City Engineer conducts field observations to update and supplement the information in the PMP report to develop cost effective projects with efficient cost/benefit ratio based on field conditions, other relevant projects, budget availability, and various other factors that may exist at the time.
Pavement Condition Index (PCI): The PCI system is a rating mechanism used to describe the condition of the City’s pavement and has been adopted as the nation’s standard rating system by the American Association State Highway and Transportation Officials (AASHTO) and American Society for Testing and Materials (ASTM). Ranging between "0" and "100," a PCI of "0" would correspond to a badly deteriorated pavement with virtually no remaining life, while a PCI of "100" would correspond to a pavement with proper engineering design and construction at the beginning of its life cycle.
Effective Preventative Maintenance Approach: Preventative maintenance on streets with better than average PCI ratings must be considered in combination with the more extensive rehabilitation of failing streets to realize the maximum net benefit and reduce the long term costs. As a pavement ages, the system predicts the PCI of the pavement based on the deterioration curves. Once a street segment reaches a PCI of 40, the street segment deteriorates at a faster rate per the standard deterioration curve for asphalt pavement.
In 2018, the City completed a city-wide PMP (Pavement Management Program) Report.
The report contained the findings and recommendations from the development of the system data associated with the pavement condition survey of the City’s street network, including pavement conditions summaries, preservation and repair activities and projected budgets for projects based on these activities.
The primary objective of the requested professional services is to have the selected consultant provide a complete Pavement Management Program Update for 2023.
ATTACHMENT(S):
A. Request for Proposals
Attachment A
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE PROFESSIONAL SERVICES
FOR THE PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
October 26, 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
November 22, 2022; 3:00 PM
RFP to Provide Professional Services, Pavement Management Program (PMP) Update 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
RFP to Provide Professional Services, Pavement Management Program (PMP) Update Cover Page
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE PROFESSIONAL SERVICES
FOR THE PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
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 Professional Services for the Pavement Management Program (PMP) Update.
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 3:00 PM, November 22, 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
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 1
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE PROFESSIONAL SERVICES
FOR THE PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
October 26, 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 Professional Services for the Pavement Management Program (PMP) Update.
2. PROJECT DESCRIPTION
The City of South El Monte has 37.8 miles of roadways of which, 4.9 miles are arterials,
3.5 miles are collectors and 29.4 miles are local/residential streets. The last comprehensive update of the City’s PMP was completed in 2018. The 2022 update goal is to revise the PMP report with current pavement conditions, and identify the current needs of the network, perform funding analysis to establish cost-effective priorities for improvements and rehabilitation strategies, and update the City’s five-year maintenance and rehabilitation program.
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 2
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, October 26, 2022 Deadline for Receipt of Questions Friday, November 11, 2022, 5:00 PM Addendum (if necessary) to Respond to
Questions
Tuesday, November 15, 2022
Deadline for Receipt of Proposals (RFP Due
Date)
Tuesday, November 22, 2022, 3:00
PM
Evaluation of proposals December 2022
Final Consultant Selection December 2022
Contract Awarded by City Council January 2023
Contract Execution January 2023
Notice to Proceed February 2023
4. SCOPE OF SERVICES
The City is interested in receiving proposals from qualified consulting firms to prepare Pavement Management Program (PMP) Update.
The following is a general outline of the scope of work to be provided by the Consultant.
While it is believed that this scope includes all elements essential to complete the update, proposing firms are advised to include any items that they believe may be necessary to complete the project. Proposing firms may also note any required items that they believe may be excessive or unnecessary. The cost of such items should be separately noted in their proposals. Services required to complete this update shall include:
1. Meet with City staff to finalize scope of work, establish key personnel, review project schedule and address any issues.
2. Review all maintenance and rehabilitation activities conducted by the City since the last PMP update completed in 2018. Update database to include all street segments and alleys that have been rehabilitated since the last PMP update. City staff will provide a hardcopy of list of streets and alleys rehabilitated or maintained since the last PMP update.
3. Conduct a comprehensive visual pavement condition (walking surveys) of all streets and alleys in the City (excluding private streets). These are performed with one‐person crews (for high volume streets like expressways or major arterials, two‐person crews may be needed for safety). The major advantage of this survey method is that it is
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 3 more accurate than Wind Shield Surveys, since cracks and all other pavement distresses are measured and recorded. Pavement condition surveys shall be performed in accordance with the established standards as identified by ASTM D‐ 6433.
The City has approximately 37.8 centerline miles of streets. The survey shall include the following information: alligator cracking, block cracking, distortions, longitudinal and transverse cracking, patching and utility cuts, rutting, depressions, weathering, and raveling.
Consultant shall propose its own preffered/suggested system including but not limited to Microsoft Excel based system or StreetSaver, or alike. The proposed system shall be in compliance with all applicable pavement management software standards including U.S. Army Corps of Engineers, etc. Consultant shall include cost to prepare the database complete for City’s use.
For the PMP update, automated distress surveys and semi-automated distress surveys will be considered. This involves the utilization of video enhanced laser RST, which includes the use of lasers, video imaging and trained operator input. The survey will involve rating 100% of the roadway surface. Only one survey method shall be allowed to perform this task. The survey methods are not interchangeable. The selected consultant shall be responsible for providing all man power needed and all equipment necessary. Beside that, the consultant shall submit a Quality Control Plan and be prepared to discuss this at the pre-data collection meeting. This plan shall describe the measures used by the consultant to guarantee accuracy and repeatability.
4. Update and develop PMP to provide the following output:
a. Pavement Inventory. Inventory shall include segments of streets arranged continuously from west to east and from south to north. b. Pavement Condition Index (PCI) per segment and overall. c. Identification of all segments and Improvement Strategies for each segment.
d. Cost-Benefit Analyses to identify treatments and budget needs. e. Priority Listing.
f. GIS layer or AutoCAD based map showing PCI’s and proposed rehabitition program over the next 5 years.
5. The City does not have a preferred Pavement Management System. Consultant shall be qualified to prepare a new database ready to use for the City as part of this work.
6. Prepare a Pavement Condition Report that identifies the present condition of the pavement and future performance for the next five years based on performance prediction modeling and local conditions. It shall identify the form, condition and
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 4 causes of pavement failure (if possible). The report shall integrate and incorporate into its analysis the surface distress, roughness, rut, raveling condition, crack condition, drainage condition, utility cuts, street sections, functional classification, ride quality, traffic volume, overall condition rating, etc.
7. Prepare a Pavement Improvement Report indicating maintenance and rehabilitation (M&R) strategies necessary to achieve the desired level of serviceability. The consultant shall recommend strategies and unit costs based on local conditions and explain advantages and disadvantages of each strategy. The report shall make provisions for simultaneously analyzing the effectiveness of numerous M&R strategies including preventive and corrective maintenance, recycling alternatives, and surface and base reconstruction.
8. Prepare a Priority Listing indicating pavements in order of best to worst PCI. In addition, the consultant shall prepare a priority listing of projects to be completed within seven years based on cost-benefit analyses of individual strategies, present pavement conditions, current traffic volumes, current funding levels, accrued backlog levels and future major and routine maintenance needs.
9. Prepare the five-year rehabilitation program to include the following:
• Each fiscal year projects of arterial streets.
• Each fiscal year projects of residential streets and alleys. It is desirable, where applicable, to identify residential streets included in one fiscal year project(s) to be located in the same neighborhood in accordance with the requirements set forth in Item 8 above.
10.Prepare an Executive Summary to include objectives for a sound PMP, field data collection techniques, data necessary to generate a reliable PMP, assessment and evaluation of results, present condition of streets and M&R strategies proposed, conclusions and recommendations. Executive summary shall include a diagraim of three scenarios considering different funding levels, proposed rehabitation program, overall PCI and backlog.
11.Provide City staff with on-site training in the operations and maintenance of PMP software. The training shall cover data collection, pavement condition surveys, computer operations, data entry/editing, PCI calculations, budget needs analyses, budget optimization analyses, report generation and database management.
12.Conduct a presentation of the results of the PMP to designated City personnel and/or elected officials.
13.PMP Update shall be complete within 90 days of the Notice to Proceed .
Task I – Meeting With City Staff:
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 5
1. Attend preliminary meeting with City staff. The purpose of this meeting is to review the technical approach, finalize scope of work, review project schedule and budget, obtain list of recently completed rehabilitation projects (since the last PMP update) and address any other project related issues.
2. Review all documents provided by the City necessary to complete the work. The City will provide the following:
• Access to all available information, including street inventory, City maps, historical information, maintenance information, and historical cost information. • 2018, PMP Update
• Electronic copy of list of City streets and alley segments that have been rehabilitated since the last PMP Update.
• Hosting of progress meetings.
The consultant shall be responsible to review the available information and reproduce them at no cost to the City.
Task II – Update Maintenance and Rehabilitation Activities:
1. Review recently completed maintenance and rehabilitation activities since last update in 2018.
2. Prepare a new PMP database and update the database to reflect improvements in Item 1.
Task III – Pavement Survey and Treatment Analysis:
1. Conduct comprehensive pavement condition survey of the City’s pavement network.
The City’s pavement network includes approximately 37.8 centerline miles of arterial highways, streets and alleys.
2. Specify distress types for each City street segment included in the survey.
3. Select the appropriate treatment or rehabilitation strategy for each City street included in the survey.
Task IV – Budgetary Analysis and Reports:
1. Update pavement inventory database based on information obtained in TASK III.
2. Update PCI for all street segments and overall pavement network in the City.
3. Specify treatment of all segments of City streets.
4. Analyze budget scenarios and needs.
5. Prepare priority lists and a five-year maintenance and rehabilitation project list.
6. Prepare Executive Summary.
7. Prepare GIS layer or AutoCAD based map showing PCI’s and 5-year rehabilitation program.
Task V – Presentation:
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 6
1. Prepare presentation of PMP to City staff.
2. Prepare a 15-minute (non-technical) presentation to City Council.
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 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
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 7 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 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
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 8 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
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
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 9 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 February 6, 2023 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 3 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.
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
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.
12.FEE ESTIMATE PROPOSAL SUBMITTAL
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 10 Fee Proposal shall be submitted in a separate sealed envelope.
Fee shall be provided in detail per each task identified on this RFP, including staff hours, hourly rates, and any subconsultant cost (if applicable). If subconsultant is proposed, provide the same detail with hours and hourly rates.
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 to the above contact within the deadline identified on the RFP Schedule. In response to all questions received by this date, City will issue an Addendum on the date identified on the RFP Schedule 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
Professional Services for Pavement Management Program (PMP) Update
• Envelope 2: Fee Proposal, 3 bound copies and 1 pdf file on thumb drive.
Please indicate on the Proposal Cover:
FEE PROPOSAL
Professional Services for Pavement Management Program (PMP) Update
Proposal submittal due date is:
November 22, 2022, 3:00 pm
Proposals shall be addressed to:
Colby Cataldi
RFP to Provide Professional Services, Pavement Management Program (PMP) Update RFP, Page 11 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 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
12402-0001\2179898v2.doc Approved for Use 04/26/18
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: __________________________
12402-0001\2179898v2.doc Approved for Use 04/26/18
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.
01257.0001/577811.2
ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEMENT
01257.0001/577811.2
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
_____________________________________
01257.0001/577811.2
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
01257.0001/577811.2 2
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.
01257.0001/577811.2 3
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.
01257.0001/577811.2 4
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:
01257.0001/577811.2 6
(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
01257.0001/577811.2 7
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
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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
01257.0001/577811.2 9
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
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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
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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
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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
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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
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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
01257.0001/577811.2 15
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
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
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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]
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.
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.
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.
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:
01257.0001/577811.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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.
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 Council Agenda Report
Agenda Item No. 7.d.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim 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 LEE AVE &
GARVEY AVE AND DURFEE AVE & PECK RD - MICHAEL
HUNT DRIVE.
SUMMARY: Staff seeks City Council approval to issue Request for Proposals (RFP) for design services for traffic signal improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Dr. within the City. The scope of improvements are part of the Highway Safety Improvement Program (HSIP) Cycle 10 project.
RECOMMENDED ACTION: Staff recommends City Council approve an RFP for design services for traffic signal improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Dr (HSIP Cycle 10 project) and authorize staff to solicit proposals.
FISCAL IMPACT: The City received $653,000 from Caltrans through the HSIP program, Cycle 10, for design and construction of the proposed project. The City will use a portion of these funds to cover all of the costs associated with the requested professional design services. Caltrans will reimburse the City for 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 Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Dr. Project includes traffic safety improvements including installation of protected left turn phasing (including new signal poles) at Lee Avenue and Garvey Avenue on both east and west bound approaches, as well as, the installation of new signal hardware (lenses, back-plates with retroreflective borders, mounting, size and number), new pedestrian countdown signal heads and audible push buttons at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Dr. The project improvements will involve a total of two signalized intersections throughout the City.
Attachment B shows the project locations and proposed improvements. The primary
objective of the requested professional services (design engineering services) is to have the selected engineering consultant provide a complete PS&E / Bid Package (plans, specifications and estimates) 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 Traffic Signal Improvements
B. Project Location Map
Attachment A
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE DESIGN SERVICES
FOR TRAFFIC SIGNAL IMPROVEMENTS AT
LEE AVE & GARVEY AVE AND DURFEE AVE & PECK RD
HSIP CYCLE 10 PROJECT, HSIPL-5352(021)
IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
October 26, 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
November 22, 2022; 2:00 PM
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) 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
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) Cover Page
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE DESIGN SERVICES
FOR TRAFFIC SIGNAL IMPROVEMENTS AT
LEE AVE & GARVEY AVE AND DURFEE AVE & PECK RD
HSIP CYCLE 10 PROJECT, HSIPL-5352(021)
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 Lee Ave & Garvey Ave and Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021).
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, November 22, 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
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 1
REQUEST FOR PROPOSALS (RFP)
TO PROVIDE DESIGN SERVICES
FOR TRAFFIC SIGNAL IMPROVEMENTS AT
LEE AVE & GARVEY AVE AND DURFEE AVE & PECK RD
HSIP CYCLE 10 PROJECT, HSIPL-5352(021)
IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
October 26, 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 Lee Ave & Garvey Ave and Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021).
2. PROJECT DESCRIPTION
The project includes safety improvements at the signalized intersections including providing left turn phasing, 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 with audible push button display.
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 2 The project is located at two intersections including Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road - Michael Hunt Drive in the City of South El Monte.
This project (including the requested design services) will be funded by state funds, there are no federal funds involved.
Proposed improvements are described in detail in the Project Funding Application (see Attachment D. Project Funding Application).
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, October 26, 2022 Deadline for Receipt of Questions Friday, November 11, 2022, 5:00 PM Addendum (if necessary) to Respond to
Questions
Tuesday, November 15, 2022
Deadline for Receipt of Proposals (RFP Due
Date)
Tuesday, November 22, 2022, 2:00
PM
Evaluation of proposals December 2022
Final Consultant Selection December 2022
Contract Awarded by City Council January 2023
Contract Execution January 2023
Notice to Proceed February 2023
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. 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
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 3 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. Utility Coordination
a. The Consultant shall ensure the final design is compatible with all utilities within the project area whether they are protected in place, removed, installed, relocated, adjusted, or otherwise modified. This includes contacting each affected agency should be incorporated into the construction schedule, if necessary. b. Coordinate with the affected utility companies within the project limits, and any applicable agencies, as necessary, and notify the utility company/agency of the project. Maintain a utility contact matrix documenting contacts, coordination, etc. with utility companies.
c. Perform all necessary research to establish the precise location of all utilities. All utilities (including overhead) must be identified and shown on the plans. d. The preliminary and finals plans are to be sent to all affected utility companies. e. Optional: If potholing becomes necessary, City will pay for direct costs to a potholing subcontractor, which shall be retained by the design consultant. City will allow a 10% markup only on potholing subcontractor cost. This may be required to locate active and abandoned utilities within the project site. Provide an optional budget for City review for this item.
Task 3. 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 4. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 4 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 package read for bid advertisement.
Task 5. 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 6. 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.
Task 7. Prepare Traffic Signal Timing Charts
a. Consultant shall prepare local intersection traffic signal timing charts for each intersection as part of the project to be implemented by the 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
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 5 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 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:
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 6 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 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.
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 7
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
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.
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 8 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 February 6, 2023 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 4 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.
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
The Fee Proposal shall be submitted in a separate envelope as indicated in the
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 9 following section.
12.FEE ESTIMATE PROPOSAL SUBMITTAL
Fee Proposal shall be submitted in a separate sealed envelope.
Fee shall be provided in detail per each task identified on this RFP, including staff hours, hourly rates, and any subconsultant cost (if applicable). If subconsultant is proposed, provide the same detail with hours and hourly rates.
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 to the above contact within the deadline identified on the RFP Schedule. In response to all questions received by this date, City will issue an Addendum on the date identified on the RFP Schedule 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(021)
Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd
• 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(021)
Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 10 Proposal submittal due date is:
November 22, 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 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
RFP to Provide Design Services, Traffic Signal Improvements at Lee Ave & Garvey Ave And Durfee Ave & Peck Rd, HSIP Cycle 10 Improvements, HSIPL-5352(021) RFP, Page 11 Attachment A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Sample Professional Services Agreement
Attachment D Project Funding Application
12402-0001\2179898v2.doc Approved for Use 04/26/18
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: __________________________
12402-0001\2179898v2.doc Approved for Use 04/26/18
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.
01257.0001/577811.2
ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEMENT
01257.0001/577811.2
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
_____________________________________
01257.0001/577811.2
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
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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
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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
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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
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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
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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
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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
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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
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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
01257.0001/577811.2 14
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
01257.0001/577811.2 15
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
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.
01257.0001/577811.2 17
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
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]
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.
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.
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.
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:
01257.0001/577811.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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.
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.
ATTACHMENT D
PROJECT FUNDING APPLICATION
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 05/2020)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
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 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.
Application Form Instructions
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 at various signalized intersections throughout the City.
Project Description
This project is focused on safety improvements including installation of left turn phasing at signalized locations with existing left turn pockets, installation of signal hardware improvements to the lenses, back plates with retroreflective borders.
Application Category
Benefit Cost Ratio (BCR)
Total Project Cost
$653,000
HSIP Funds Requested
$653,000
Benefit Cost Ratio (BCR)
17.5
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 05/2020)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
Basic Information
Date: Oct 29, 2020 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 Check if this application is one of the multiple ones for the same project (please review the form instructions for explanation).
Contact Person Information
Name (Last, First): Demirci, Melissa
Position/Title of Contact Person: Project Manager
Email: [email protected] Telephone: (714) 598-8896 Extension:
Address: 1415 Santa Anita Ave
City: South El Monte Zip Code: CA 91790 (Enter only a 5-digit number) Application Category: Benefit Cost Ratio (BCR)
Project Information
Project Title:
-Be Brief (Limited to 100 Characters)
South El Monte Citywide Signalized Intersection Safety Improvement Project Application Form Instructions
Project Location:
-Be Brief (Limited to 250 Characters)
-See
This project is located in the City of South El Monte at various signalized intersections throughout the City.
Project Description:
-Be Brief (Limited to 250 Characters)
-See
This project is focused on safety improvements including installation of left turn phasing at signalized locations with existing left turn pockets, installation of signal hardware improvements to the lenses, back Application Form Instructions plates with retroreflective borders.
Total Project Cost
$653,000
HSIP Funds Requested
$653,000
Benefit Cost Ratio (BCR)
(Required for a BCR application. Enter 0 for Funding Set-Aside application)
17.5
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 05/2020)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
1. Project Identification
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 and highest collision types?
(Limited to 5,000 characters)
This project is the City’s top safety priority and focuses on improving the safety at signalized intersections through out the City that have a history of a high number of collisions. The project locations represent the agency’s highest crash concentrations and highest collision types, with several of the locations have at least one fatality within the five year crash data period. The identification of the project locations was data driven based on a City network-wide safety analysis of the City’s roadways. An analysis was conducted to identify crash concentrations and crash trends to determine the best locations that needed safety improvements.
The methodology used to determine these trends and locations followed the guidelines per the “Local Roadway Safety Manual” 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 analysis included a detailed review and study of the following:
• Review of prior citywide collision studies and stakeholder records • Review of the Statewide Integrated Traffic Records System (SWITRS) reports over the most recent 5 years of data to determine primary collision factors and collision types
• Review of the Transportation Injury Mapping System (TIMS) Query, Mapping, and Data detailing citywide collision information and data • Meetings to discuss candidate locations and review data • Evaluation of costs and cost effectiveness
• Comparison of various countermeasures using the Benefit Cost Ratio 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.
These proposed project locations and accidents yield a high benefit cost ratio 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 5 years between January 1, 2015 through December 31, 2019.
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. These locations 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 transportation needs of everyone, and developing regional transportation solutions that complement sub regional transportation systems and serve the needs of cities and communities.
The City of South El Monte Covina is approximately 2.8 square miles with a total population of approximately 20,000 people. Referencing and analyzing the project-area collision summaries and data, it can be seen that there is an urgent need for these improvements.
According to the CA Office of Traffic and Safety (2017), the City of South El Monte ranked 5th out of 101 jurisdictions for most collisions involving a fatality or injury. It also ranked 3rd for most collisions involving pedestrian under the age of 15, and 12th for most collisions involving pedestrians out of 101 jurisdictions. These rankings are compared to similar jurisdiction in the Count of Los Angeles.
2. Prior Attempts to Address the Safety Issues
List all other projects/countermeasures that have been (or are being) deployed at the location(s) within the last 5 years. Applicants must identify all federal and/or state funds that have been used or approved within the proposed project limits within the last 5 years. Normally HSIP funding cannot be used to construct safety countermeasures at the same locations within 5 years. (Limited to 5,000 characters)
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 05/2020)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
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 10 application. None of proposed locations part of this HSIP Cycle 10 have been previously funded through other HSIP application cycles within the last 5 years. 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.
3. Other Comments
Explain here if this project has any special circumstances or if you have other comments. Enter “NA” if none. (Limited to 5,000 characters)
N/A
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPLICATION FORM FOR
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
LAPG 9-A (REV 05/2020)
Local Assistance Programs Guidelines
Application ID 07-South El Monte-1
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 Signed Engineers Checklist.pdf
(Required for all projects)
2. Vicinity map/Location map
2 Vicinity Map & Location Map (SEM).pdf
(Required for all projects)
3. Project maps/plans showing existing and proposed conditions 3 Project Maps, Plans of Existing & Proposed (SEM).pdf
(Required for all projects)
4. Pictures of Existing Condition
4 Pictures of Existing (SEM).pdf
(Required for all projects)
5. HSIP Analyzer
HA07-South El Monte-1.pdf (Required for all projects)
6. Collision diagram(s)
6 Collision Diagrams (SEM).pdf
(Required for a BCR application)
7. Collision List(s)
7 Collision List (SEM).pdf
(Required for a BCR application)
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).
8. Warrant Studies
8 Warrant Studies for LT Phasing (SEM).pdf
(Not required for this project)
Work on the State Highway System
Does the project include improvements on the State Highway System? Yes, and the project will be jointly-funded with Caltrans (Must be jointly-funded if the project is for intersection safety improvement involving SHS).
A formal Letter of Support from Caltrans District Traffic is required. The letter should include estimates of cost sharing.
Yes, but the project will not be jointly-funded with Caltrans.
A written correspondence from Caltrans District Traffic is required. The correspondence should indicate that Caltrans does not see issues that would prevent the proposed project from receiving an encroachment permit.
No.
9. Letter/email of Support from Caltrans (No SHS involved - not required for this project) NOT APPLICABLE TO PROJECT.pdf
10. Additional narration, documentation, letters of support, etc. (Optional) 10 Support Letters (SEM).pdf
ATTACHMENT 2: VICINITY MAP / LOCATION MAP
City of South El Monte (Sponsoring Agency)
Highway Safety Improvement Program | HSIP Cycle 10
S O U T H E L
M O N T E
E L M O N T E
Scale 1000’
Project Location within
Los Angeles County
In the City of South El Monte
R O S E M E A D
A
D
C
B
H
I
G
F
E
P R O J E C T L O C A T I O N S
City Boundary
L E G E N D
1 Lee Avenue & Garvey Avenue
2 Durfee Avenue/Peck Road & Michael Hunt Dr
HSIP Countermeasures Selected:
✓ CM #1: S02 - Signal Modification: Improve signal hardware: lenses, backplates with retroreflective borders, mounting, size, and number. ✓ CM #2: S07 - Signal Modification: Provide protected left turn phase (left turn lane already exists).
✓ CM #3: S17PB - Ped & Bike: Install pedestrian countdown signal heads. 1 Lee Avenue & Garvey
Avenue
2 Durfee Avenue/Peck Road &
Peck Road
ATTACHMENT 3: Project Map/Plans Showing Existing & Proposed Conditions Location 1: Lee Avenue & Garvey Avenue
City of South El Monte (Sponsoring Agency) Highway Safety Improvement Program | HSIP Cycle 10 1 Lee Avenue & Garvey Avenue
EXISTING CONDITIONS PROPOSED CONDITIONS
Countermeasure #1: S02 ‐ Signal Modification: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number.Countermeasure #2: S07 ‐ Signal Modification: Provide protected left turn phase (left turn lane already exists) Countermeasure #3: S17PB ‐ Ped & Bike: Install pedestrian countdown signal heads: Install pedestrian countdown signal heads with audible push button display.
LEE AVE
GARVEY AVE
Roadway Width: 75’
Please Note: These are conceptual plans that show the limits of the proposed improvements and these proposed improvements are technically feasible, and during the design phase required design standards will be met. The proposed improvements fall within the existing right‐of‐way. 18’
Lane Width:
ALL PROPOSED IMPROVEMENTS
ARE WITHIN THE EXISTING PUBLIC
RIGHT‐OF‐WAY
12’ 10’ 11’ 11’
Roadway Width: 40’
Lane Width:
20’ 10’ 10’
Scale 50’
Roadway Width: 75’
18’
Lane Width:
12’ 12’ 12’ 18’
Signalized intersection. Existing crosswalks in south and west legs.
Older traffic signal hardware. Existing Left Turn Pockets on Garvey Avenue does not have left turn phasing.
Missing audible countdown signal
heads and push button systems.
11’
2’ striped
median
3’ median
ATTACHMENT 3: Project Map/Plans Showing Existing & Proposed Conditions Location 2: Durfee Avenue / Peck Road & Michael Hunt Drive City of South El Monte (Sponsoring Agency) Highway Safety Improvement Program | HSIP Cycle 10 Durfee Avenue / Peck Road & Michael Hunt Drive
2 EXISTING CONDITIONS PROPOSED CONDITIONS
Countermeasure #1: S02 ‐ Signal Modification: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number.Countermeasure #3: S17PB ‐ Ped & Bike: Install pedestrian countdown signal heads: Install pedestrian countdown signal heads with audible push button display.
DURFEE AVE
PECK RD
Roadway Width: 38’
Roadway Width: 78’
Please Note: These are conceptual plans that show the limits of the proposed improvements and these proposed improvements are technically feasible, and during the design phase required design standards will be met. The proposed improvements fall within the existing right‐of‐way. 18’
Lane Width:
Lane Width:
ALL PROPOSED IMPROVEMENTS
ARE WITHIN THE EXISTING PUBLIC
RIGHT‐OF‐WAY
11’ 11’ 11’ 16’
10’ 11’ 16’
Median:
14’
Roadway Width: 32’
Lane Width:
16’ 16’
Scale 40’
Roadway Width: 78’
18’
Lane Width:
10’ 10’ 11’ 16’
Signalized intersection. Existing crosswalks in all legs. Older traffic signal hardware. Peck Road has existing Left Turn Phasing.
Durfee Avenue has existing Left Turn
Phasing.
Michael Hunt Drive does not have Left
Turn Pockets or Left Turn Phasing
HUNT DR
MICHAEL
Median:
14’
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
LOCATION 1: Lee Avenue & Garvey Avenue
Aerial view of intersection of Lee Avenue & Garvey Avenue Northbound View on Lee Avenue toward intersection.
Eastbound View on Garvey Avenue toward intersection. Westbound View on Garvey Avenue toward intersection.
Southbound View on Lee Avenue toward intersection.
ATTACHMENT 4: Photos of Existing Conditions (Required for all applications) City of South El Monte (Sponsoring Agency)
LOCATION 2: Durfee Avenue/Peck Road & Michael Hunt Dr
Aerial view of intersection of Durfee Avenue/Peck Road & Michael Hunt Dr Northbound View on Peck Road toward intersection. Southbound View on Durfee Avenue toward intersection.
Eastbound View on Michael Hunt Dr toward intersection. Westbound View on Michael Hunt Dr toward intersection.
-
Attachment B
ATTACHMENT 2: VICINITY MAP / LOCATION MAP
City of South El Monte (Sponsoring Agency)
Highway Safety Improvement Program | HSIP Cycle 10
S O U T H E L
M O N T E
E L M O N T E
Scale 1000’
Project Location within
Los Angeles County
In the City of South El Monte
R O S E M E A D
A
D
C
B
H
I
G
F
E
P R O J E C T L O C A T I O N S
City Boundary
L E G E N D
1 Lee Avenue & Garvey Avenue
2 Durfee Avenue/Peck Road & Michael Hunt Dr
HSIP Countermeasures Selected:
✓ CM #1: S02 - Signal Modification: Improve signal hardware: lenses, backplates with retroreflective borders, mounting, size, and number. ✓ CM #2: S07 - Signal Modification: Provide protected left turn phase (left turn lane already exists).
✓ CM #3: S17PB - Ped & Bike: Install pedestrian countdown signal heads. 1 Lee Avenue & Garvey
Avenue
2 Durfee Avenue/Peck Road &
Peck Road
ATTACHMENT 3: Project Map/Plans Showing Existing & Proposed Conditions Location 1: Lee Avenue & Garvey Avenue
City of South El Monte (Sponsoring Agency) Highway Safety Improvement Program | HSIP Cycle 10 1 Lee Avenue & Garvey Avenue
EXISTING CONDITIONS PROPOSED CONDITIONS
Countermeasure #1: S02 ‐ Signal Modification: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number.Countermeasure #2: S07 ‐ Signal Modification: Provide protected left turn phase (left turn lane already exists) Countermeasure #3: S17PB ‐ Ped & Bike: Install pedestrian countdown signal heads: Install pedestrian countdown signal heads with audible push button display.
LEE AVE
GARVEY AVE
Roadway Width: 75’
Please Note: These are conceptual plans that show the limits of the proposed improvements and these proposed improvements are technically feasible, and during the design phase required design standards will be met. The proposed improvements fall within the existing right‐of‐way. 18’
Lane Width:
ALL PROPOSED IMPROVEMENTS
ARE WITHIN THE EXISTING PUBLIC
RIGHT‐OF‐WAY
12’ 10’ 11’ 11’
Roadway Width: 40’
Lane Width:
20’ 10’ 10’
Scale 50’
Roadway Width: 75’
18’
Lane Width:
12’ 12’ 12’ 18’
Signalized intersection. Existing crosswalks in south and west legs.
Older traffic signal hardware. Existing Left Turn Pockets on Garvey Avenue does not have left turn phasing.
Missing audible countdown signal
heads and push button systems.
11’
2’ striped
median
3’ median
ATTACHMENT 3: Project Map/Plans Showing Existing & Proposed Conditions Location 2: Durfee Avenue / Peck Road & Michael Hunt Drive City of South El Monte (Sponsoring Agency) Highway Safety Improvement Program | HSIP Cycle 10 Durfee Avenue / Peck Road & Michael Hunt Drive
2 EXISTING CONDITIONS PROPOSED CONDITIONS
Countermeasure #1: S02 ‐ Signal Modification: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number.Countermeasure #3: S17PB ‐ Ped & Bike: Install pedestrian countdown signal heads: Install pedestrian countdown signal heads with audible push button display.
DURFEE AVE
PECK RD
Roadway Width: 38’
Roadway Width: 78’
Please Note: These are conceptual plans that show the limits of the proposed improvements and these proposed improvements are technically feasible, and during the design phase required design standards will be met. The proposed improvements fall within the existing right‐of‐way. 18’
Lane Width:
Lane Width:
ALL PROPOSED IMPROVEMENTS
ARE WITHIN THE EXISTING PUBLIC
RIGHT‐OF‐WAY
11’ 11’ 11’ 16’
10’ 11’ 16’
Median:
14’
Roadway Width: 32’
Lane Width:
16’ 16’
Scale 40’
Roadway Width: 78’
18’
Lane Width:
10’ 10’ 11’ 16’
Signalized intersection. Existing crosswalks in all legs. Older traffic signal hardware. Peck Road has existing Left Turn Phasing.
Durfee Avenue has existing Left Turn
Phasing.
Michael Hunt Drive does not have Left
Turn Pockets or Left Turn Phasing
HUNT DR
MICHAEL
Median:
14’
City Council Agenda Report
Agenda Item No. 9.a.
DATE: October 25, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: ORDINANCE NO. 1261, AMENDING THE SOUTH EL MONTE MUNICIPAL CODE BY MODIFYING TITLE 15 THEREOF
ADOPTING BY REFERENCE THE 2023 LOS ANGELES
COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE
(TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL
CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), GREEN
BUILDING STANDARDS CODE (TITLE 31), FIRE CODE
(TITLE 32) AND EXISTING BUILDING CODE (TITLE 33), WITH
CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS
THERETO
SUMMARY: Since incorporation, the City has adopted the Los Angeles County building codes by reference. These codes contain essential amendments and additions to the State Building Codes. Included in these amendments are the important chapters for grading, seismic requirements and substandard properties. The State of California adopts and publishes State Building Codes and mandates they become effective throughout the State 180 days after publication.
RECOMMENDED ACTION: Staff recommends that the City Council take the following action:
1. Waive first reading and introduce Ordinance No. 1261, amending the South El Monte Municipal Code by modifying Title 15, Chapters 15.02, 15.04, 15.06, 15.08, 15.10, 15.12,
15.14 and 15.16 thereof, by adopting by reference the 2023 Los Angeles County Building Code (Title 26), Electrical Code (Title 27), Plumbing Code (Title 28), Mechanical Code (Title 29), Residential Code (Title 30), Green Building Standards Code (Title 31), Fire Code (Title 32), and Existing Building Code (Title 33), with certain amendments, additions and deletions thereto, and
2. Schedule a public hearing at a future city council meeting to consider adoption of said Ordinance.
FISCAL IMPACT: Approval of this item will not have an impact on the Fiscal Year 2022- 2023 City budget.
DISCUSSION: State law requires local governments to enforce California Title 24 (the State’s Building Codes which originate from the International Code Council and the International Association of Plumbing and Mechanical Officials). Most jurisdictions in Los Angeles County wait to comply with this requirement until the County of Los Angeles adopts the Building Codes and all of the associated local amendments. Then, these jurisdictions adopt the County Building Codes. Attachment “B” includes the County amendments to California’s Codes.
On July 1, 2022, the California Building Standards Commission published Title 24, “California Building Standards Code.” These codes will become effective January 1, 2023.
On October 18, 2022, the County of Los Angeles Board of Supervisors introduced an Ordinance adopting by reference the 2022 California Building Codes with local amendments. After holding a public hearing, the Board of Supervisors scheduled a second reading of the Ordinance on November 15, 2022.
Consistent with past practice, staff is recommending that the City adopt the 2023 Los Angeles County Codes. The major benefits realized by adopting the County Codes are:
The County Codes are common and well known to contractors. The County Codes contain well-reasoned local amendments that are supported by findings and which are consistently applied throughout the County of Los Angeles.
The County Codes are virtually identical to the Codes adopted by the City of Los Angeles and many other cities.
The County Codes are readily available for purchase by architects, engineers, and contractors.
Users can purchase the amendments to the California Codes direct from ICC (the publisher of the California Building Code), and insert those sheets directly into the California Codes, making it much easier for users to understand the context and to achieve compliance.
Because of their widespread use, the County Codes are close to acting as a standard. Many of the architects and general contractors the City does business with have already purchased the County amendments to the California Codes because they work in areas where the County Codes are enforced. A challenge to an amendment is unlikely because the challenge would be against the County of Los Angeles and all its resources.
Far less language must be codified into the Municipal Code, thereby reducing the City’s codifying costs.
While jurisdictions can establish their own administration of the codes, jurisdictions are only allowed to amend the technical requirements of the State Codes based on local climatic, topographical, or geological conditions, and only if the requirement is more restrictive than the current State Code. Findings must be made for each amendment to the State Codes, and a copy of these findings must be filed with the Building Standards Commission. No local amendment is enforceable unless filed with the California Building
Standards Commission. See Attachment “B” for County amendment findings. These findings are also applicable to the City.
ATTACHMENT(S):
A. Ordinance No. 1261
B. LA County Amendment Findings
01257.0001/829434.1 Page 1 of 14
Attachment A
01257.0001/829434.1 Page 2 of 14
ORDINANCE NO. 1261
AN ORDINANCE OF THE CITY OF SOUTH EL MONTE AMENDING
THE SOUTH EL MONTE MUNICIPAL CODE AT CHAPTERS 15.02,
15.04, 15.06, 15.08, 15.10, 15.12, 15.14 AND 15.16 BY MODIFYING TITLE 15 THEREOF ADOPTING BY REFERENCE THE 2023 LOS ANGELES
COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), GREEN BUILDING STANDARDS
CODE (TITLE 31), FIRE CODE (TITLE 32) AND EXISTING BUILDING CODE (TITLE 33), WITH CERTAIN AMENDMENTS, ADDITIONS AND
DELETIONS THERETO
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to adopt the Los Angeles County Code pertaining to Building and Construction Codes regulations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Findings and local conditions.
A. California law requires that on January 1, 2023, all portions of Title 24 in the 2022 California Code of Regulations will be effective within the City: and,
B. The City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon climatic, topographical or geological conditions.
C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission.
D. The Building Official has recommended modifying certain parts of California Code of Regulations Title 24 due to local climatic, topographical and geological conditions in the City of South El Monte.
E. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and are incorporated by reference herein.
F. The South El Monte City Council hereby finds, determines and declares that those certain amendments to the State Code are appropriate and necessary to meet local conditions existing in the City of South El Monte, and this Council hereby further finds, determines and declares that each such change is required for the protection of the public safety and is reasonably necessary because of local climatic, geological conditions.
G. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code and amending the South El Monte Municipal Code, are exempt from the provisions of the California Environmental Quality Act.
01257.0001/829434.1 Page 3 of 14
SECTION 2: The purpose of this ordinance is to amend the City of South El Monte Municipal Code by adopting by reference, and amending where necessary, that certain ordinances of the County of Los Angeles Codes, Building, Electrical, Plumbing, Mechanical , Residential, Green Building Standards, Fire Code and Existing Building Codes which adopt by reference California Building, Electrical, Mechanical, Plumbing, Residential, Green Building Standards, Fire Code and Existing Building Codes (Title 24, Parts 2, 2.5, 3, 4, 5, 10, 9 and 11) and which make amendments, additions and deletions thereto. Therefore, set forth in Exhibit “A” of this Ordinance, the City of South El Monte Municipal Code is hereby amended by repealing the old and replacing with the new
1. Title 15, Chapter 15.02 Building Code
2. Title 15, Chapter 15.04 Plumbing Code
3. Title 15, Chapter 15.06 Residential Code
4. Title 15, Chapter 15.08 Mechanical Code
5. Title 15, Chapter 15.10 Electrical Code
6. Title 15, Chapter 15.12 Green Building Standards Code
7. Title 15, Chapter 15.14 Fire Code
8. Title 15, Chapter 15.16 Existing Building Code
SECTION 3: Continuation of existing law. Where they are substantially the same as existing law, the provisions of the City of El Monte Buildings and Construction Code shall be considered continuations of existing law and shall not be considered new enactments.
SECTION 4: Maintenance and distribution of code. Not less than one copy of the City of South El Monte Buildings and Construction Codes, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code of this code and one complete file of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of this code shall be made as directed by the City Council. In addition, one copy of said City of South El Monte Building and Construction Codes may likewise be maintained by the Director of Community Development Department for examination and use by the public.
SECTION 5: Catchlines of sections. The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
SECTION 6: Severability of provisions. If any section, subsection, sentence, clause, phrase or portion of this ordinance and/or the code adopted thereby is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The South El Monte City Council hereby declares that it would have adopted this ordinance and the code adopted thereby and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional.
SECTION 7: Certification and publication. The ordinance shall take effect on January 1, 2023 and within (5) days after its passage, the City Clerk of the City of El Monte shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and the Building Official shall
01257.0001/829434.1 Page 4 of 14
cause the same to be filed with the California Building Standards Commission. And within (15) days after its passage, the City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of El Monte.
PASSED, APPROVED AND ADOPTED this ___ day of ______, 2022.
________________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
_________________________________
Anthony R. Taylor, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing ordinance, being Ordinance No. 1261 was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the ____ day of _____, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Donna G. Schwartz, City Clerk
01257.0001/829434.1 Page 5 of 14
Exhibit “A”
TITLE 15
BUILDINGS AND CONSTRUCTION
CHAPTER 15.02 BUILDING CODE
15.02.010 LOS ANGELES COUNTY CODE, TITLE 26, BUILDING CODE ADOPTED Chapters 1 through 35, 66, 67, 96, 98, 99 and Appendices I and J of Title 26, Los Angeles County Building Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Building Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the South El Monte Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance by section
15.02.020 below, regulating and controlling the design, construction, quality of materials, grading, use, occupancy, location and maintenance of all buildings or structures and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.
All references made to County may mean City of South El Monte or Los Angeles County depending on the context.
In accordance with Section 50022.6 of the California Government Code, not less than one copy of said Title 26 of the Los Angeles County Building Code together with any and all amendments thereto proposed by the City of South El Monte, has been and is now filed in the office of the Community Development Department, shall be remain on file with the Building Official, shall collectively be known as the City of South El Monte Building Code and may be cited as Chapter 15.02 of the South El Monte Municipal Code.
15.02.020 FEE SCHEDULE; MODIFICATION BY RESOLUTION
The fee schedules adopted by Section 15.02.010 shall apply to fees arising under the building code, except where a different fee has been adopted by resolution of the city council.
15.02.030 EFFECT OF ADOPTION.
The adoption of the City Building Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
(A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.
15.02.040 PENALTY; VIOLATIONS.
01257.0001/829434.1 Page 6 of 14
(A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion.
(B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.
TITLE 15
BUILDINGS AND CONSTRUCTION
CHAPTER 15.04 PLUMBING CODE
15.04.010 LOS ANGELES COUNTY CODE, TITLE 28, PLUMBING CODE ADOPTED Los Angeles County Plumbing Code Chapter 1 through Chapter 17, and Appendices A.B, D, H, I and J, Title 28, the Los Angeles County Plumbing Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Plumbing Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the South El Monte Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance by section
15.04.020 below.
Not less than one copy of said Title 28 of the Los Angeles County Plumbing Code together with any and all amendments thereto proposed by the City of South El Monte, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of South El Monte Plumbing Code and may be cited as Chapter 15.04 of the South El Monte Municipal Code, regulating plumbing and drainage systems, house sewers, private sewage disposal systems and prescribing conditions under which such work may be carried on within the city and providing for the issuance of permits and the collection of fees therefor.
15.04.020 FEE SCHEDULE; MODIFICATION BY RESOLUTION
The fee schedules adopted by Section 15.04.010 shall apply to fees arising under the building code, except where a different fee has been adopted by resolution of the city council.
15.02.030 EFFECT OF ADOPTION.
The adoption of the City Plumbing Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
(A) Actions and proceedings which began the effective date of this code.
01257.0001/829434.1 Page 7 of 14
(B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.
15.04.040 PENALTY; VIOLATIONS.
(A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent as to whether a violation is a misdemeanor or infraction, the City Attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion.
(B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.
TITLE 15
BUILDINGS AND CONSTRUCTION
CHAPTER 15.06 RESIDENTIAL CODE
15.06.010 LOS ANGELES COUNTY CODE, TITLE 30, RESIDENTIAL CODE ADOPTED Section 1206 (Sound Transmission) of Chapter 12, Chapters 67, 69, 96, 98, 99, and appendix J of Title 26 of the Los Angeles County Building Code are adopted by reference as amended by City of South El Monte Building Code and incorporated in to this Section as if fully set forth below and shall be known as Section 1207 of Chapter 12, Chapters 67, 69, 96, 98, 99, and appendix J of the City of South El Monte Residential Code.
Chapters 1 through 10, 44 and Appendix H of Title 30, Los Angeles County Residential Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Residential Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the South El Monte Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except as revised in this ordinance by section 15.06.020 below.
Not less than one copy of said Title 30 of the Los Angeles County Residential Code together with any and all amendments thereto proposed by the City of South El Monte, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of South El Monte Residential Code and may be cited as Chapter 15.06 of the South El Monte Municipal Code.