Gloria Olmos, Mayor/Chair
Richard Angel, Mayor Pro Tem/ Vice
Chair
Manuel Acosta, Councilmember/
Boardmember
Rudy Bojorquez, Councilmember/
Boardmember
Hector Delgado, 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
January 24, 2023, 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 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 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
Cell (626) 274-4842
Paola Lara, Deputy City Clerk
Ph (626) 579-6540
Cell (626) 374-1998
AGENDA BEGINS ON THE FOLLOWING PAGE
1. ROLL CALL
Councilmembers: Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel and Mayor Olmos
2. PLEDGE OF ALLEGIANCE
Councilmember Rudy Bojorquez
3. INVOCATION
Pastor Don Antelo, Calvary Chapel of South El Monte
4. PRESENTATIONS
4.a. Presentation of Years of Service Awards to City Employees
4.b. Presentation of Plaque to Ben Lira for his Commitment to the Youth Boxing Program
4.c. Sheriff's Department Report for the Month of December
4.d. Code Enforcement and Public Safety Department Report for the Month of December
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.
CONSENT CALENDAR (CONTINUED)
7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES OF JANUARY 10, 2023
Staff is requesting approval of Minutes for the January 10, 2023 Regular City Council Meeting.
RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of January 10, 2023.
7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-06, APPROVING WARRANTS FOR THE PERIOD OF JANUARY 11, 2023
THROUGH JANUARY 24, 2023
Authorizing payment of City expenditures for the period of January 11, 2023 through January 24, 2023, totaling $826,233.33.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-06, authorizing payment of City expenditures.
7.c. ADOPTION OF ORDINANCE NO. 1262, ESTABLISHING A
COMMISSION FOR THE ADVANCEMENT OF WOMEN AND GIRLS
AND ADDING CHAPTER 2.50, “COMMISSION FOR THE
ADVANCEMENT OF WOMEN AND GIRLS,” UNDER TITLE 2,
“ADMINISTRATION AND PERSONNEL” TO THE SOUTH EL MONTE
MUNICIPAL CODE
At a regular City Council meeting held on Tuesday, January 14, 2023, City Council waived first reading and introduced Ordinance No. 1263, Establishing a Commission for the Advancement of Women and Girls and Adding Chapter 2.50, “Commission for the Advancement of Women and Girls,” under Title 2 “Administration and Personnel.”
RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1262.
7.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-07,
AUTHORIZING THE SALE OF CITY OWNED OBSOLETE (SURPLUS)
VEHICLES
Staff is requesting authorization from the City Council for the sale of eleven obsolete (surplus) vehicles that are no longer used by the City.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-07, authorizing the sale of eleven obsolete City Vehicles and;
2. Authorize Interim City Manager or designee to hire an auction company to dispose of the obsolete vehicles.
CONSENT CALENDAR (CONTINUED)
7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-08,
AWARDING A PROFESSIONAL SERVICES AGREEMENT (PSA) TO
KIMLEY-HORN AND ASSOCIATES, INC. FOR DESIGN SERVICES FOR
TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVE & GARVEY AVE
AND DURFEE AVE & PECK RD - MICHAEL HUNT DRIVE
Award of contract for traffic improvement projects at Lee Ave. & Garvey Ave., and Durfee Ave. & Peck Rd. at Michael Hunt Dr.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-08, awarding a PSA to Kimley-Horn and Associates, Inc. for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr. Project in the amount of $62,226.45; and
2. Authorize Interim City Manager or designee to negotiate and execute the agreement.
7.f. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-09,
APPROVING FIRST AMENDMENT TO THE CONTRACT SERVICES
AGREEMENT WITH TRANSTECH ENGINEERS, INC. TO PROVIDE
PUBLIC OUTREACH SERVICES FOR CIVIC CENTER AND
INTERJURISDICTIONAL BICYCLE LANES PROJECT
The project includes installation of bicycle and pedestrian mobility improvements along Santa Anita Avenue and Tyler Avenue. The project is currently in the preliminary/concept design phase, and staff seeks City Council approval of a First Amendment to the Contract Services Agreement with Transtech Engineers to provide public outreach services for the Civic Center and Interjurisdictional Bicycle Lanes Project.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-09, approving First Amendment to the Contract Services Agreement with Transtech Engineers, Inc. to provide Public Outreach Services for the Civic Center and Interjurisdictional Bicycle Lanes Project in the amount of $82,742.
2. Authorize Interim City Manager or designee to negotiate and execute the agreement.
CONSENT CALENDAR (CONTINUED)
7.g. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-10, APPROVING AMENDMENT NO. 11 TO AGREEMENT SUBAWARD
NUMBER ENP202110 WITH THE COUNTY OF LOS ANGELES FOR
THE ELDERLY NUTRITION PROGRAM SERVICES
On June 14, 2022, a one-year agreement between the County of Los Angeles through its Department of Workforce Development, Aging and Community Services (the “County”) and the City of South El Monte (the “City”) was entered into to assist with the funding for the City’s Elderly Nutrition Program Services (the “Agreement”) for Fiscal Year 2022-2023.
This Amendment will increase the allocated baseline funding from $484,000.00 to $494,865.00 resulting in an increase of $10,865.00 for Fiscal Year (FY) 2022-23 only for the purchase of approved equipment items that will be used for the provision of the Elderly Nutrition Program (ENP).
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-10, approving Amendment No. 11 to extend existing agreement Subaward Number ENP202110 with the County of Los Angeles; and
2. Authorize Interim City Manager, or designee, to execute the agreement.
7.h. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-11,
PROCLAIMING A LOCAL EMERGENCY PERSISTS AND
AUTHORIZING THE USE OF REMOTE TELECONFERENCE MEETING
PROCEDURES BY THE CITY'S LEGISLATIVE BODIES AS
AUTHORIZED BY GOVERNMENT CODE SECTION 54953(e) ET SEQ.
FOR THE PERIOD OF JANUARY 24, 2023 THROUGH FEBRUARY 15, 2023
On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021. Pursuant to AB 361, staff recommends consideration of Resolution No. 23-11 proclaiming a local emergency persists and authorizing the use of remote meeting procedures by the City’s legislative bodies, which can include meetings held via a virtual platform (e.g. Zoom), for the period of January 24, 2023 through February 15, 2023.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-11, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s legislative bodies, such as utilizing a virtual platform (e.g. Zoom) for the period from January 24, 2023 through February 15, 2023.
CONSENT CALENDAR (CONTINUED)
7.i. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-12, AMENDING RESOLUTION 23-04, CHANGING THE PUBLIC HEARING
DATE FOR METRO FISCAL YEAR 2023 FEDERAL TRANSIT
ADMINISTRATION SECTION 5310 PROGRAM FOR ELIGIBLE
PROJECTS
On January 3, 2023, the City Council approved Resolution No. 23-04, calling for a public hearing on February 14, 2023. A new resolution needs to be adopted to Amend Resolution No 23-04, changing the public hearing date to February 22, 2023 in order to be in compliance with Metro’s 30-day public hearing notice.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-12, Amending Resolution No. 23-04, Calling for a Public Hearing on February 22, 2023, to Identify Nonprofit Organizations Readily Available to Provide Services for Public Transportation Projects Under the Federal Transit Administration Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program.
8. PUBLIC HEARINGS
8.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-13,
AUTHORIZING THE ALLOCATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR
(FY) 2023–24
Provide the Council with recommendations for the use of the City’s estimated FY 2023–24 CDBG allocation, acknowledging the priority of need and eligibility. The Public Notice was posted December 22, 2022.
RECOMMENDED ACTION: Staff recommends City Council:
1. Conduct a public hearing;
2. Take public testimony;
3. Adopt Resolution No. 23-13, Authorizing the Allocation of the Community Development Block Grant (CDBG) Funds for Fiscal Year 2023-24;
4. Authorizing Interim City Manager to execute agreement for the Fiscal Year 2022–23 CDBG project with the Los Angeles County
Development Authority (LACDA), subject to approved as to form by the City Attorney; and
5. Authorize Interim City Manager to adjust the project budget, as necessary, to account for final CDBG allocations and any amounts unexpended at the close of FY 2022-23.
9. GENERAL BUSINESS
9.a. APPOINTMENT OF COUNCIL DELEGATE TO THE CALIFORNIA
CONTRACT CITIES ASSOCIATION
Mayor to appoint a delegate to the California Contract Cities Association.
RECOMMENDED ACTION: Staff recommends City Council approve the Mayor’s appointment of a delegate to the California Contract Cities Association.
9.b. UPDATE TO THE CONCEPT FOR THE ROSEMEAD BOULEVARD
CORRIDOR ENHANCEMENT PLAN AND THE SAN GABRIEL VALLEY
TRANSIT FEASIBILITY STUDY
The City of South El Monte received funding from Caltrans through a Sustainable Communities Grant (State SB-1) to prepare planning level documents for the Rosemead Boulevard Corridor. The plan has conceptualized Rosemead Boulevard as a multi-modal corridor that engages participants in active and safe modes of transportation. The project examined traffic calming strategies to increase pedestrian safety and improve the City’s existing bicycle network and quality of public transport. Suring this study, staff was aware of Metro’s and San Gabriel Valley Council of Government’s Transit Feasibility Study that included Rosemead Blvd.
RECOMMENDED ACTION: Staff recommends City Council:
1. Receive presentations by Metro/San Gabriel Valley Council of Government (SGVCOG) Staff and Alta consulting;
2. Provide comments on SGVCOG's Bus Rapid Transit BRT study and the Rosemead Blvd. Corridor Enhancement Study;
3. Instruct the Alta consultant to prepare the draft study that includes the City Council's comments to the design concept and present it before the community at the final outreach scheduled per the grant timeline; and
4. Alta Consulting to present the final draft before the City Council at the February 24, 2023 council meeting.
9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-14,
APPROVING THE APPOINTMENT OF RENE SALAS AS CITY
MANAGER AND APPROVAL OF CITY MANAGER EMPLOYMENT
AGREEMENT
Staff is asking the City Council to consent to the appointment of Rene Salas as City Manager and approve his employment contract for services as City Manager.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-14, approving the employment agreement between the City and Rene Salas for the position of City Manager and authorizing the Mayor to execute the employment agreement. In the alternative, Staff recommends City Council provide additional direction regarding the
employment agreement.
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. LETTER FROM SOUTH EL MONTE NATIONAL LITTLE LEAGUE
REQUESTING A FACILITY FEE WAIVER FOR THE USE OF NEW
TEMPLE PARK FIELDS AND THE COMMUNITY CENTER GYM,
CONSIDERATION TO WAIVE THE PARK LIGHTING FEES, AND
CONSIDERATION TO WAIVE THE FEES FOR THE INSTALLATION
AND TEAR DOWN OF THE FIELD FENCES
The South El Monte National Little League (SEMNLL) is requesting reservation facility fee waivers for the use of New Temple Park fields and the Community Center Gymnasium and requesting the City Council consider waiving the reservation light fees and the associated labor cost incurred to install and remove five (5) fences at New Temple Park.
RECOMMENDED ACTION: Staff recommend City Council discuss and consider the facility reservation fee waiver request for the use of the New Temple Park fields and Community Center Gymnasium, and discuss the request to waive the light fees and the associated labor cost incurred to install and remove five (5) fences at New Temple Park.
12. COUNCILMEMBERS’ AGENDA - None
13. CLOSED SESSION
13.a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9 – (three cases)
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 next page.
SUCCESSOR AGENCY MEETING
16. CALL TO ORDER AND ROLL CALL
Board Members: Acosta, Bojorquez, Delgado, Vice Chair Angel, 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 OCTOBER 25, 2022
Staff is requesting approval of Minutes for the October 25, 2022 Successor Agency Meeting.
RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of October 25, 2022.
20. EXECUTIVE DIRECTOR'S AGENDA
21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
22. RECONVENE AND ADJOURN COUNCIL MEETING
Tuesday, February 14, 2023, at 6:00 p.m.
I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 19th day of January 2023.
City Clerk, CMC
City Council Agenda Report
Agenda Item No. 4.a.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Pauline Bourne, Interim HR/Risk Manager
SUBJECT: Presentation of Years of Service Awards to City Employees SUMMARY: The Mayor and City Council to present service awards to City employees for their years of service to the City of South El Monte.
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.b.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: Presentation of Plaque to Ben Lira for his Commitment to the Youth Boxing Program
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.c.
DATE: January 24, 2023
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 December SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S): Presentation will be available Monday, January 23, 2023.
City Council Agenda Report
Agenda Item No. 4.d.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: Code Enforcement and Public Safety Department Report for the Month of December
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Code Enforcement/Public Safety Report - December 2022
City of South El Monte
Public Safety Report
December 2022 Recap
Joe Martinez
Code Enforcement Supervisor
Code Cases by Location
December - 62
Property Maintenance.………………… 10
Health and Safety / Public Nuisance.. 1
Streets/PublicPlaces…………………….. 9
Vehicle/Traffic….…………………………… 7
Business……………………………………….. 9
Zoning………………………………………….. 0
Homeless………………………………………….. 8
Building Code ……………………………... 6
Bulk …………………………………………….. 12
Parking Citations – Street Sweeping
3 NIGHT
(53)
DAY
(207)
DECEMBER – 260
Parking Citations
December - 272
0 5 10 15 20 25 30 35 40 45 50
NO PARKING/STOPPING ZONE
80" W PARKED OVER 30 MIN
POSTED SIGNS
DISCONNECTED TRAILER
FOR SALE
LAWN PARKING
RED
BLOCKING DRIVEWAY
ON SIDEWALK
DOUBLE PARK
18' FROM CURB
15FT FROM HYDRANT
NO CURRENT TAGS
OTHER
8 36
27 22
1 21
36 16
31 4
43 9
10 24
Work in Right of Way
Reminder:
Homeless
Count 2023
Current Homeless Situation
1612 Santa Anita Ave
Street View
Michael Hunt Drive View
City Council Agenda Report
Agenda Item No. 7.a.
DATE: January 24, 2023
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 OF JANUARY 10, 2023
SUMMARY: Staff is requesting approval of Minutes for the January 10, 2023 Regular City Council Meeting.
RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of January 10, 2023.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Minutes
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, JANUARY 10, 2023 - 6:00 PM
1. ROLL CALL
Mayor Olmos called the meeting to order at 6:01 PM
PRESENT: Councilmember(s): Angel, Bojorquez (via zoom), Delgado, Mayor Pro Tem Acosta, and Mayor Olmos
STAFF PRESENT: Rene Salas, Interim City Manager; Christy Lopez, Assistant City Attorney; Masami Higa, Interim Finance Director; Guillermo Arreola, Planning Manager, and Paola Lara, Deputy City Clerk.
STAFF ABSENT: Anthony R. Taylor, City Attorney and Donna G. Schwartz, City Clerk.
Councilmember Bojorquez requested Council approve his attendance via zoom due to contracting Covid. Councilmember Bojorquez announced there were no adults present in the room.
A motion was made by Councilmember Delgado, seconded by Councilmember Angel to approve Councilmember Bojorquez’ request to attend the meeting via zoom. Motion carried 4-0, by the following vote:
AYES: Councilmember(s): Angel, Delgado, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None
Zoom was provided for the Public to participate during public comment via teleconference.
2. PLEDGE OF ALLEGIANCE – Councilmember Richard Angel led the Pledge of Allegiance
3. INVOCATION – Mayor Gloria Olmos offered the invocation.
4. PRESENTATIONS
4.a. Mayor Olmos and City Council presented Plaques to the 2022 Holiday Home Decoration Contest Winners.
4.b. City Council received a report from Interim Finance Director Masami Higa on Fiscal Year 2022-23 Mid-Year Budget Review.
Councilmember Delgado recommended to staff to review and update the City’s fees for code enforcement and parking citations.
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
Mayor Olmos requested to continue items 9.b, 9.c. and 9.d. to a future meeting.
A motion was made by Mayor Olmos, seconded by Councilmember Angel to approve the agenda as amended with items 9.b., 9.c., and 9.d continued to a future meeting. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Angel, Bojorquez, Delgado, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None
6. PUBLIC COMMENT
Mayor Olmos opened public comment.
1. Cindy Wu, Mountain View School District Board Member, thanked the City for hosting the first Lunar New Year celebration scheduled for January 18, 2023.
There being no further comment, Mayor Olmos closed public comment.
7. CONSENT CALENDAR
A motion was made by Councilmember Angel, seconded by Councilmember Delgado to approve the Consent Calendar. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Angel, Bojorquez, Delgado, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None
7.a. Approved the Minutes of the Regular City Council Meeting of December 13, 2022.
7.b. Adopted Resolution No. 23-01, authorizing payment of City expenditures for the period of December 14, 2022, through January 10, 2023, totaling $1,117,364.96.
7.c. Adopted Resolution No. 23-02, awarding a professional services agreement to Bucknam Infrastructure Group, Inc. for the Pavement Management Program (PMP) Update in the amount of $24,890.00; approved $24,890.00 in Prop C Funds for the requested services; and authorized Interim City Manager or designee to negotiate and execute the agreement.
7.d. Adopted Resolution No. 23-03, approving the appointment and temporary employment of Martha Castillo as the City's Interim Human Resources/Risk Manager.
7.e. Adopted Resolution No. 23-04, calling for a public hearing on February 14, 2023, to identify nonprofit organizations readily available to provide services for public transportation projects under the Federal Transit Administration section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program.
7.f. Approved an RFP for design services for South El Monte Safe Routes to School Pedestrian Safety Project, ATP Cycle 5 Project and authorize staff to solicit proposals.
7.g. Adopted Resolution No. 23-05, approving the part-time employee salary schedule.
8. PUBLIC HEARINGS - None
9. GENERAL BUSINESS
9.a. SELECTION OF MAYOR PRO TEM
A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Delgado to nominate Councilmember Angel as Mayor Pro Tem.
Councilmember Rudy Bojorquez requested the motion be reconsidered to nominate Councilmember Delgado as Mayor Pro Tem. Assistant City Attorney Christy Lopez announced Councilmember Bojorquez can make a competing motion and City Council can vote on the competing motion if the first motion does not pass.
Councilmember Delgado called for the question on the motion made my Mayor Pro Tem Acosta.
A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Delgado to nominate Councilmember Angel as Mayor Pro Tem. Motion passed 4-1, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, and Mayor Olmos NAYS: Councilmember(s): Bojorquez
9.b. APPOINTMENT OF COMMUNITY SERVICES COMMISSIONERS
Item 9.b. was continued to a future City Council meeting under approval of agenda.
9.c. APPOINTMENT OF PATRIOTIC COMMISSIONERS
Item 9.c. was continued to a future City Council meeting under approval of agenda.
9.d. APPOINTMENT OF PLANNING COMMISSIONERS
Item 9.d. was continued to a future City Council meeting under approval of agenda.
9.e. CONSIDERATION AND APPROVAL OF ORDINANCE NO. 1262,
ESTABLISHING A COMMISSION FOR THE ADVANCEMENT OF
WOMEN AND GIRLS AND ADDING CHAPTER 2.50, “COMMISSION
FOR THE ADVANCEMENT OF WOMEN AND GIRLS,” UNDER TITLE 2, “ADMINISTRATION AND PERSONNEL” TO THE SOUTH EL MONTE
MUNICIPAL CODE
Mayor Olmos announced the item.
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Angel to waive first reading and introduce Ordinance No. 1262, Establishing a Commission for the Advancement of Women and Girls and Adding Chapter 2.50, “Commission for the Advancement of Women and Girls,” under Title 2 “Administration and Personnel" and set for adoption at the next regular city council meeting. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel and Mayor Olmos
NAYS: Councilmember(s): None
9.f. next page
9.f. CONSIDERATION AND APPROVAL OF URGENCY ORDINANCE NO. 1263, ESTABLISHING A 45-DAY TEMPORARY MORATORIUM ON
THE ESTABLISHMENT OR EXPANSION OF CAR WASHES WITHIN
CITY LIMITS DURING THE PENDENCY OF THE CITY’S REVIEW AND
ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH
USES
Mayor Olmos announced the item and Planning Manager Guillermo Arreola presented the staff report.
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Angel to waive further reading, and adopt Urgency Ordinance No. 1263, Establishing a 45-day temporary moratorium on the establishment or expansion of car washes within City limits during the pendency of the City's review and adoption of zoning regulations for such uses; and authorize Interim City Manager to direct the Planning Division and Planning Commission review the development standards for Car Washes, and survey development standards for Car Washes in other cities. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel and Mayor Olmos
NAYS: Councilmember(s): None
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced his attendance at the South El Monte Community Outreach Angel Tree event, City’s Annual Santa Sleigh event, Senior Center’s Christmas and New Years Eve Luncheons, and City’s Annual Christmas Wish Toy Giveaway.
Councilmember Delgado announced his attendance and the Senior Center’s Christmas Luncheon, and El Monte/South El Monte Emergency Resources Christmas Basket Drive.
Mayor Pro Tem Angel announced his attendance at the South El Monte Community Outreach Angel Tree event, Senior Center’s Christmas and New Years Eve Luncheons, and City’s Annual Santa Sleigh event.
Councilmember Bojorquez announced his attendance at the City’s Swearing in Ceremony, Planning Commission meeting, City’s Annual Christmas Wish Toy Giveaway, Senior Center’s Christmas and New Years Eve Luncheons, El Monte/South El Monte Chamber of Commerce Lunch, Sheriff Robert Luna Meet & Greet, and meeting with Townsend Public Affairs for Merced Project.
Mayor Olmos announced her attendance at the City’s Annual Christmas Wish Toy Giveaway, City’s Annual Santa Sleigh event, San Gabriel Valley Council of Government’s Christmas Luncheon, El Monte/South El Monte Chamber of Commerce Luncheon, virtually attended the Planning Commission meeting, and announced SEACCA has adoption opportunities.
11. CORRESPONDENCE
11.a. LETTER FROM THE MONTEBELLO BREWERS BASEBALL
CORPORATION REQUESTING A LONG TERM RESERVATION,
APPROVAL TO HOST TWO BASEBALL TOURNAMENTS, AND FEE
WAIVER FOR THE USE OF FIELDS AT NEW TEMPLE AND SHIVELY
PARK
Mayor Olmos announced the item and Interim City Manager Rene Salas presented the staff report.
City Council entered into a discussion with regard to approving the fee waiver in whole or in part.
Mayor Pro Tem Angel made a motion, seconded by Councilmember Delgado to approve the request by the Brewers for a long-term reservation, and approval to host two (2) baseball tournaments and a fee waiver in the total amount of $61,150.00.
A second motion was made by Councilmember Bojorquez, seconded by Mayor Olmos to approve the request by the Brewers for a long-term reservation, and approval to host two (2) baseball tournaments and suggested waiving half the fee in the amount of $30,575.00. Motion failed 2-3, by the following vote:
AYES: Councilmember(s): Bojorquez and Mayor Olmos
NAYS: Councilmember(s): Acosta, Delgado, Mayor Pro Tem Angel
City Council voted on the first motion made by Mayor Pro Tem Angel, seconded by Councilmember Delgado to approve request by the Brewers for a long-term reservation, and approval to host two (2) baseball tournaments and a fee waiver in the total amount of $61,150.00. Motion passed 4-1, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, and Mayor Olmos NAYS: Councilmember(s): Bojorquez
12. COUNCILMEMBERS’ AGENDA - None
13. CLOSED SESSION
At 7:12 p.m. City Council recessed into closed session.
13.a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)
Title: Interim City Manager
At 7:52 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.
Assistant City Attorney Christy Lopez, announced City Council discussed item
13.a. No action taken, nothing to report.
14. ADJOURNMENT
At 7:53 p.m. Mayor Olmos adjourned the meeting in memory of Mrs. Linda Taylor, mother of City Attorney Anthony R. Taylor, Mr. Juan Castaneda, longtime resident, and Tina Bernard, long-time resident, to a Regular Meeting on Tuesday, January 24, 2023, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor
City Council Agenda Report
Agenda Item No. 7.b.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Masami Higa, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-06, APPROVING WARRANTS FOR THE PERIOD OF
JANUARY 11, 2023 THROUGH JANUARY 24, 2023
SUMMARY: Authorizing payment of City expenditures for the period of January 11, 2023 through January 24, 2023, totaling $826,233.33.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-06, authorizing payment of City expenditures.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Resolution No. 23-06
B. Warrant Register 01.24.23
ATTACHMENT A
RESOLUTION NO. 23-06
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF JANUARY 11, 2023, THROUGH JANUARY 24,
2023, TOTALING $826,233.33.
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.
_____________________________________
Interim 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 1/11/23-01/24/23 DFT0000446-450 $20,506.71 FY 22/23 Regular Warrants 1/11/23-01/24/23 11579-629 $690,433.91 Payroll Check PPE 01/07/23 1295-1302 $5,294.76
Payroll Direct Deposit PPE 01/07/23 3097-3181 $109,997.95 TOTAL EXPENDITURES RESOLUTION NO. 23-06 $826,233.33
PASSED, APPROVED, AND ADOPTED this 24th day of January 2023. __________________________________
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. 23-06, 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 24th day of January 2023, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Donna G. Schwartz, City Clerk
Amount
40.0900.9000.5969 KIMLEY-HORN AND ASSOCIATES, INC. 11601 01/18/2023 PS&E HSIP CYCLE 9 #295 26,974.36
70.0900.9020.6025 JOHN L. HUNTER AND ASSOCIATES, INC. 11600 01/18/2023 OCT'22 IW PROGRAM SVCS 5,568.75
70.0900.9020.6025 JOHN L. HUNTER AND ASSOCIATES, INC. 11600 01/18/2023 OCT'22 NPDES PROGRAM SVCS 5,145.00
01.0140.1430.5215 JAMES GAILE FUNK 11598 01/18/2023 DEC'22 PLANNING CONSULTANT SVCS 9,748.07
01.0000.0000.4554 JOHN HARRIS 11599 01/18/2023 MVDP DAMAGE DEPOSIT RFND 50.00
06.0300.3010.5215 HUNTINGTON CULINARY 11597 01/18/2023 12/26-12/30 CI & CII NUTRITION PRGM 3,047.50
06.0300.3020.5215 HUNTINGTON CULINARY 11597 01/18/2023 12/26-12/30 CI & CII NUTRITION PRGM 290.40
06.0300.3010.5215 HUNTINGTON CULINARY 11597 01/18/2023 12/19-12/23 CI & CII NUTRITION PROGRAM 3,766.25
06.0300.3020.5215 HUNTINGTON CULINARY 11597 01/18/2023 12/19-12/23 CI & CII NUTRITION PROGRAM 363.00
01.0140.1440.5406 EL MONTE PRINTING 11595 01/18/2023 BUILDING INSPECTOR BUSINESS CARDS 49.61
01.0120.1220.5205 GRACIE RETAMOZA 11596 01/18/2023 OVERPAYMENT CANDIDATE FILING FEE 73.52
38.0900.9000.5968 DYNALECTRIC L.A. 11594 01/18/2023 SANTA/KLING RET RELEASE #294 4,386.57
40.0900.9000.5968 DYNALECTRIC L.A. 11594 01/18/2023 SANTA/KLING RET RELEASE #294 39,479.16
01.0140.1440.5215 BUREAU VERITAS NORTH AMERICAN INC. 11592 01/18/2023 DEC'22 BUSINESS LICENSE INSPECTIONS 220.00
01.0100.1050.5936 CONCENTRA 11593 01/18/2023 12/22 NEW HIRE PHYS 219.00
01.0100.1050.5940 BROTHERS AWARDS & TROPHIES 11591 01/18/2023 PLAQUES/ YEARS OF SERVICE 110.00
01.0140.1440.5215 BUREAU VERITAS NORTH AMERICAN INC. 11592 01/18/2023 OCT'22 BUSINESS LICENSE INSPECTION 1,072.50
01.0150.1540.5431 AQUA PURE DRINKING WATER 11590 01/18/2023 DEC'22 DRINKING WATER-MC/NT 14.96
01.0151.1543.5952 BROTHERS AWARDS & TROPHIES 11591 01/18/2023 PLAQUES/ CONTEST WINNERS 88.00
01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 11589 01/18/2023 AFTER SCHOOL PROGRAM SUPPLIES 144.13
01.0140.1440.5406 AMAZON CAPITAL SERVICES, INC 11589 01/18/2023 DEPARTMENT SUPPLIES/ BLD'G & SAFETY 128.49
01.0100.1050.5406 AMAZON CAPITAL SERVICES, INC 11589 01/18/2023 OFFICE SUPPLIES 63.84
01.0151.1542.5499 AMAZON CAPITAL SERVICES, INC 11589 01/18/2023 BOXING GYM CLEANING SUPPLIES 22.04
01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 11589 01/18/2023 WINTER CAMP SUPPLIES 28.64
01.0151.1541.5499 AMAZON CAPITAL SERVICES, INC 11589 01/18/2023 TIMERS/ PEE WEE GAMES 22.02
17.0900.9020.6025 THE ENERGY COALITION 11588 01/12/2023 MAY'22 CONTRACT SVCS 2,200.00
17.0900.9020.6025 THE ENERGY COALITION 11588 01/12/2023 JUNE'22 CONTRACT SVCS 2,940.00
17.0900.9020.6025 THE ENERGY COALITION 11588 01/12/2023 APR'22 10% RETENTION (69.00)
17.0900.9020.6025 THE ENERGY COALITION 11588 01/12/2023 APR'22 CONTRACT SVCS 690.00
17.0900.9020.6025 THE ENERGY COALITION 11588 01/12/2023 JUNE'22 10% RETENTION (294.00)
17.0900.9020.6025 THE ENERGY COALITION 11588 01/12/2023 MAY'22 10% RETENTION (220.00)
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1707 N MERCED 63.42
01.0170.1730.5705 SO CAL GAS 11587 01/10/2023 12/1/22-1/3/23 1415 SANTA ANITA AVE 1,491.29
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1415 IRRG SANTA ANITA 421.48
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1556 IRRG CENTRAL 289.92
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1450 LIDCOMBE 274.11
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1530 IRRG CENTRAL 328.61
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 N LERMA/ MILLET 265.13
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 10452 E RUSH 86.78
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1824 N CENTRAL 422.17
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1819 N CENTRAL 256.16
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1652 IRRIG TYLER 164.55
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1900 N CENTRAL 131.65
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1819 N MERCED 131.65
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1341 ISLAND/ SANTA ANITA 39.14
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 MERCED N/W SANTA ANITA 54.75
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1500 CENTRAL 634.31
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1450 LIDCOMBE 1,772.35
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 2022 N CENTRAL 122.67
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1819 CENTRAL 336.45
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22N/E MERCED SANTA ANITA 137.63
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1500 N CENTRAL 1,925.27
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 2000 IRRIG SANTA ANITA 68.83
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1530 N CENTRAL 269.62
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1415 N SANTA ANITA 292.06
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/10-12/9/22 1556 N CENTRAL 345.90
01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11586 01/10/2023 11/23-12/21/22 1402 IRR LERMA 1,187.65
01.0100.1050.5938 BRIANNA BADAR 11585 01/10/2023 FALL 2022 BOOK FEES 84.38
01.0100.1050.5938 BRIANNA BADAR 11585 01/10/2023 FALL 2022 EDUCATION REIMBURSEMENT 816.00
01.0000.0000.2224 STANDARD INSURANCE 11583 01/09/2023 JAN'23 LIFE AD&D & SUPPLEMENTAL 488.36
01.0000.0000.2225 STANDARD INSURANCE 11584 01/09/2023 JAN'23 LIFE & AD&D 955.53
01.0100.1050.5938 DIANNA GOMEZ 11581 01/09/2023 FALL 2022 EDUCATION REIMBURSEMENT 1,491.00
01.0151.1543.5952 PACIFIC COAST RACING TIMING 11582 01/09/2023 TURKEY DASH- 5K RACE TIMING CHIP FEE 717.75
01.0140.7020.5956 CHRIS ALVAREZ 11580 01/09/2023 BOOT ALLOWANCE REIMB 82.49
01.0100.1050.5938 DIANNA GOMEZ 11581 01/09/2023 BOOK FEES 117.55
01.0100.1040.5922 LAB1419 11579 01/05/2023 CITY POLOS/ CITY COUNCIL 563.38
01.0100.1040.5922 LAB1419 11579 01/05/2023 CITY JACKETS/ CITY COUNCIL 926.10 Warrant Register
South El Monte, CA Council Meeting 01/24/23
Account Number Vendor Name Payment Number Payment Date Description (Item)
ATTACHMENT B
01.0170.1730.5710 SOUTHERN CALIFORNIA EDISON DFT0000450 01/05/2023 11/23-12/31/22 2028 CENTRAL AVE 407.15 Grand Total: 710,940.62
02.0170.1760.5725 SOUTHERN CALIFORNIA EDISON DFT0000448 01/05/2023 11/16-12/31/22 STREET LIGHTS 4,271.34
01.0170.1730.5710 SOUTHERN CALIFORNIA EDISON DFT0000449 01/05/2023 11/21-12/20/22 9465 GARVEY AVE 9.77
02.0170.1760.5725 SOUTHERN CALIFORNIA EDISON DFT0000446 01/05/2023 11/16-12/31/22 STREET LIGHTS 2,035.92
02.0170.1760.5725 SOUTHERN CALIFORNIA EDISON DFT0000447 01/05/2023 3/1-12/31/22 2028 STREET LIGHTS 13,782.53
06.0300.3010.5430 DRIFTWOOD DAIRY, INC 11629 01/18/2023 FOOD SUPPLIES FOR CI PRGM 145.46
06.0300.3020.5430 DRIFTWOOD DAIRY, INC 11629 01/18/2023 FOOD SUPPLIES FOR CII PRGM 16.16
01.0130.1330.5950 XEROX CORPORATION 11627 01/18/2023 11/30-12/29/22 COPIER LEASE 1,547.99
44.0800.8010.5956 YVETTE CORONA 11628 01/18/2023 BOOT ALLOWANCE REIMB 2022 175.99
01.0000.0000.4554 VACCO INDUSTRIES, INC. 11625 01/18/2023 CCTR- DAMAGE DEPOSIT REFUND 600.00
01.0150.1530.5956 WENDY CAYCO 11626 01/18/2023 BOOT ALLOWANCE REIMB 2022 180.21
01.0100.1020.5215 TOWNSEND PUBLIC AFFAIRS 11623 01/18/2023 JAN'23 CONSULTING SVCS 6,750.00
01.0130.1310.5215 TRUSAIC 11624 01/18/2023 JAN'23 ACA MONTHLY 1,040.40
06.0300.3020.5430 SUPERIOR WAREHOUSE GROCERS 11621 01/18/2023 FROZEN MEALS/ CII NUTRITION PGRM 59.88
01.0151.1546.5440 SYSCO FOOD SERVICES OF LOS ANGELES 11622 01/18/2023 FOOD SUPPLIES/ CHRISTMAS WISH EVENT 781.42
06.0300.3020.5430 SUPERIOR WAREHOUSE GROCERS 11621 01/18/2023 FROZEN MEALS/ CII NUTRITION PRGM 60.18
06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 11621 01/18/2023 DINNER ROLLS/ CI NUTRITION PRGM 47.88
01.0140.1100.5406 SPARKLETTS 11619 01/18/2023 DEC'22 WATER SERVICES 8.99
01.0140.1100.5215 SUPERIOR COURT OF CA, COUNTY OF LA 11620 01/18/2023 NOV'22 CITATION REVENUE 4,953.00
01.0120.1210.5919 SAN GABRIEL VALLEY TRIBUNE 11618 01/18/2023 12/15 PUBLISH NOTICE IN SGTV 563.01
01.0140.1430.5919 SAN GABRIEL VALLEY TRIBUNE 11618 01/18/2023 PUBLIC NOTICE FY 23/24 CDBG PJTS 601.80
01.0151.1541.5215 ROMAN GALLARDO JR. 11616 01/18/2023 1/7 BBALL OFFICIAL 180.00
01.0120.1220.5205 RUDY BOJORQUEZ 11617 01/18/2023 OVERPAYMENT CANDIDATE FILING FEE 336.76
01.0100.1050.5936 RAY SAUCEDO 11614 01/18/2023 BOOT ALLOWANCE REIMB 2022 198.75
01.0120.1220.5205 REGISTRAR-RECORDER/COUNTY CLERK 11615 01/18/2023 PRINTING/ CANDIDATE STATEMENT 1,052.96
01.0120.1210.5920 QUALITY CODE PUBLISHING 11612 01/18/2023 PRINTING OF MUNICIPAL CODE BOOKS 199.00
01.0160.1620.5520 QUENCH USA, INC. 11613 01/18/2023 JAN-MAR'23 DRINKING WATER FILTER/ SCTR 59.96
01.0151.1543.5952 PREMIER JANITORIAL SERVICES 11610 01/18/2023 CHAIR RENTAL/ TREE LIGHTING CEREMONY 570.54
01.0170.1710.5960 QUADIENT LEASING USA, INC. 11611 01/18/2023 DEC'20-MAR'23 POSTAGE LEASE 438.62
01.0140.7020.5215 PHOENIX GROUP INFORMATION SYSTEMS 11609 01/18/2023 NOV'22 CODE CITATION PROCESSING SVCS 151.54
01.0140.1100.5215 PHOENIX GROUP INFORMATION SYSTEMS 11609 01/18/2023 NOV'22 PSO CITATION PROCESSING SVCS 4,394.82
01.0170.1710.5406 OFFICE DEPOT 11607 01/18/2023 COPY PAPER/ CITY HALL 10 CASES 773.87
01.0151.1546.5406 PARTY PRONTO 11608 01/18/2023 INFLATABLE & BALLON ARTIST/ WISH TOY GIVEAWAY 1,648.00
01.0000.0000.4554 MARY DOWNING 11605 01/18/2023 MVDP DAMAGE DEPOSIT REFUND 50.00
01.0151.1541.5215 MICHAEL WALKER 11606 01/18/2023 1/7 BBALL OFFICIALS 180.00
01.0110.1110.5633 L.A. COUNTY SHERIFF'S DEPT. 11603 01/18/2023 11/19/22 DEPUTY SVCS/ TURKEY TROT 3,936.86
01.0120.1220.5205 MANUEL ACOSTA 11604 01/18/2023 OVERPAYMENT CANDIDATE FILING FEE 336.76
01.0110.1110.5220 L.A. COUNTY SHERIFF'S DEPT. 11603 01/18/2023 NOV'22 GRANT SPL ASSIGN DEPUTY 17,604.75
01.0110.1110.5610 L.A. COUNTY SHERIFF'S DEPT. 11603 01/18/2023 NOV'22 LIABILITY INSURANCE 47,008.77
01.0110.1110.5220 L.A. COUNTY SHERIFF'S DEPT. 11603 01/18/2023 NOV'22 SPL ASSIGN DEPUTY 100,428.32
01.0110.1110.5220 L.A. COUNTY SHERIFF'S DEPT. 11603 01/18/2023 NOV'22 LAW ENFORCEMENT SVCS 309,319.36
02.0170.1760.5537 L.A. COUNTY DEPT OF PUBLIC WORKS 11602 01/18/2023 FY22/23 3RD PAYMENT COUNTY LIGHTING 59,953.00
City Council Agenda Report
Agenda Item No. 7.c.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: ADOPTION OF ORDINANCE NO. 1262, ESTABLISHING A
COMMISSION FOR THE ADVANCEMENT OF WOMEN AND
GIRLS AND ADDING CHAPTER 2.50, “COMMISSION FOR
THE ADVANCEMENT OF WOMEN AND GIRLS,” UNDER
TITLE 2, “ADMINISTRATION AND PERSONNEL” TO THE
SOUTH EL MONTE MUNICIPAL CODE
SUMMARY: At a regular City Council meeting held on Tuesday, January 14, 2023, City Council waived first reading and introduced Ordinance No. 1263, Establishing a Commission for the Advancement of Women and Girls and Adding Chapter 2.50, “Commission for the Advancement of Women and Girls,” under Title 2 “Administration and Personnel.”
RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1262.
FISCAL/FINANCIAL IMPACT: The California Commission on the Status of Women and Girls (CCSWG) Women’s Recovery Response has authorized the use of $1,500 from the grant towards compensation of $100 for each commissioner for attending one meeting per quarter during Fiscal Year 22-23 and part of Fiscal Year 23-24. Budget for the compensation funds will then be budgeted by the City in Fiscal Year (FY) 23-24 for this five-member commission.
DISCUSSION:
ATTACHMENT(S):
A. Ordinance No. 1262
ORDINANCE NO. 1262
AN ORDINANCE OF THE CITY OF SOUTH EL
MONTE ESTABLISHING A COMMISSION FOR
THE ADVANCEMENT OF WOMEN AND GIRLS
AND ADDING CHAPTER 2.50 “COMMISSION
FOR THE ADVANCEMENT OF WOMEN AND
GIRLS TO TITLE 2, “ADMINISTRATION AND
PERSONNEL”
THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 : Chapter 2.50 (Commission for the Advancement of Women and Girls) is hereby added to Title 2 (ADMINISTRATION AND PERSONNEL) of the City of South El Monte’s Municipal Code to read as follows:
Chapter 2.50
COMMISSION FOR THE ADVANCEMENT OF WOMEN AND GIRLS
2.50.010 Commission created. The City hereby creates a Commission for the Advancement of Women and Girls to act in an advisory capacity to the city council in all matters pertaining to advancement of women and girls.
2.50. 020 Membership. The commission shall consist of five city residents who are appointed by a majority of the city council, including one senior (55 and over) and one youth (between the ages of 16-17). No city employee is eligible to serve as a member of the commission. No person shall remain a member if that person ceases being a resident of the city. The term of office for members shall be two years. Notwithstanding the foregoing, a member shall continue to serve until a qualified successor assumes that member's seat. If a vacancy occurs during the term, the council shall appoint a qualified successor to serve the remainder of the term. A majority of the council may remove a member at any council meeting.
2.50.030 Compensation of members. Each member of the commission shall be compensated at such rate as the city council may from time-to-time fix by resolution.
2.50.040 Absence from meetings. If, without cause, a member of the commission is absent from three successive meetings of the commission, other than by permission of the commission expressed in its official minutes, the office of such a member shall be deemed to be vacant and the term of such member terminated. The commission shall immediately inform the city council of such termination.
2.50.050 Absence for cause. An absence due to illness or an unavoidable absence from the city shall be deemed absence for cause if written notice thereof is sent to the commission on or before the day of any regular meeting of the commission.
2.50.060 Regular meeting. A regular meeting, as provided by law or by rule of the commission, shall be deemed a regular meeting for the purpose of this chapter. The commission, by resolution, may fix the time and place of meetings.
2.50.070 Organization. The commission shall elect its chair and vice chair from among its appointed members for a term of one year, and subject to other provisions of law, may create and fill such other offices as it may determine. The commission shall adopt rules for transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record shall be a public record.
2.50.080 Purpose. The commission shall act in an advisory capacity to the city council in all matters pertaining to advancement of women and girls.
2.50.090. Powers and Duties.
A. To accomplish its purpose, the commission may:
1. Assess and evaluate the needs and issues of women and girls in the city in order to inform and advise the city council, city departments and divisions, and other community agencies and organizations of those needs and issues.
2. Recommend programs and/or regulations to the city council to promote and ensure equal rights and opportunities to and for women and girls in the city.
3. To promote education on issues regarding matters involving the needs of women and girls;
4. To review and disseminate information related to the purposes stated herein;
5. Provide outreach information and education that empowers women to achieve self-sufficiency and self-esteem;
6. Maintain an active liaison with groups, organizations, agencies and individuals in regard to issues related to women;
7. Perform other duties as may be imposed upon the commission by the city council.
Section 2: The City Clerk shall certify to the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this 24th day of January 2023. _____________________________
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 for the City of South El Monte, do hereby certify that the foregoing Ordinance, being Ordinance No. 1262, was duly passed and adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the 24th day of January 2023, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 7.d.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-07, AUTHORIZING THE SALE OF CITY OWNED
OBSOLETE (SURPLUS) VEHICLES
SUMMARY: Staff is requesting authorization from the City Council for the sale of eleven obsolete (surplus) vehicles that are no longer used by the City.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-07, authorizing the sale of eleven obsolete City Vehicles and;
2. Authorize Interim City Manager or designee to hire an auction company to dispose of the obsolete vehicles.
FISCAL/FINANCIAL IMPACT: The expected salvage is approximately $5,500.
Estimated at $500 per vehicle.
DISCUSSION: Staff is requesting authorization from the City Council for the sale of eleven obsolete vehicles (Attachment A). These vehicles are not running and are not a part of the City’s daily operations.
Per Municipal Code Section 3.16.110 staff needs City Council permission for the sale of obsolete personal property that is sold for a value of more than two thousand dollars.
Staff is unable to determine exactly how much funds the City will receive from the sale of the eleven obsolete vehicles. Staff’s inability to determine exactly how much payment the City will receive from this sale makes it necessary that the City Council authorize the sale in case the sale exceeds two thousand dollars.
Staff intends to sell the obsolete City vehicles through an auction company. The auction company will pick up the obsolete City vehicles and sell them through their own channels, typically online or in a vehicle lot.
Staff report prepared by Jose Figueroa, Public Works Supervisor
ATTACHMENT(S): A. Vehicle List
B. Resolution No. 23-07
ATTACHMENT A
Obsolete City Vehicles
#99- 1999 Ford F-250 66,177 miles
#10- 1993 Ford E-350 174,385 miles
#4- 1996 Ford Ranger 166,129 miles
#1- 1996 Ford Ranger 196,293
K-1-2005 Kawasaki Mule 2,882 hours
P-1-2002 GEM Car Golf Cart 945 hours
P-2-2002 GEM Car Golf Cart 726 hours
#41- speedometer board
#96-1996 Rayco Stump Cutter MD#1635A 269 hours
#87-1987 CASE Loader 480LL 2,632 hours
#82-1982 F700 Dump truck 64,868
Obsolete City Vehicles – City Staff has identified 11 city vehicles that are no longer fit for service and are considered obsolete. This will be an item on an upcoming City Council agenda requesting permission to advertise an RFP to dispose of these vehicles in accordance with Municipal Code section 3.16.110 – Sale of Obsolete personal property. No bids will be accepted by city employees or contractors according to the Municipal Code. Potential bidders would be either junk yards, pick-a-parts businesses, or scrap yards.
ATTACHMENT B
RESOLUTION NO. 23-07
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL AUTHORIZING THE SALE OF ELEVEN
OBSOLETE CITY VEHICLES
RECITALS
WHEREAS, Staff is requesting authorization from the City Council for the sale of eleven obsolete vehicles. These vehicles are not running and are not a part of the City’s daily operations.
WHEREAS, Per Municipal Code Section 3.16.110 staff needs City Council permission for the sale of obsolete personal property that is sold for a value of more than two thousand dollars.
WHEREAS Staff intends to sell the obsolete City vehicles through an auction company. The auction company will pick up the obsolete City vehicles and sell them through their own channels, typically online or in a vehicle lot. For each vehicle, the auction company will charge the City a fee based on what each City vehicle requires. These fees will be deducted from the final sale price of the vehicles and the City will receive payment based on the difference between the final sale price and any fees applied.
WHEREAS Staff does not anticipate the vehicles being sold for over two thousand dollars, but due to staff’s inability to determine exactly how much payment the City will receive from this sale it is necessary that the City Council authorize the sale in case the sale exceeds two thousand dollars.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby authorizes the sale of the City’s eleven obsolete vehicles and direct the City Manager to hire an auction company to dispose of the obsolete vehicles.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 24th day of January 2023. ______________________________
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. 23-07, 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 24th day of January 2023, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 7.e.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-08, AWARDING A PROFESSIONAL SERVICES
AGREEMENT (PSA) TO KIMLEY-HORN AND ASSOCIATES,
INC. FOR DESIGN SERVICES FOR TRAFFIC SIGNAL
IMPROVEMENTS AT LEE AVE & GARVEY AVE AND DURFEE
AVE & PECK RD - MICHAEL HUNT DRIVE
SUMMARY: Award of contract for traffic improvement projects at Lee Ave. & Garvey Ave., and Durfee Ave. & Peck Rd. at Michael Hunt Dr.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-08, awarding a PSA to Kimley-Horn and Associates, Inc. for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr. Project in the amount of $62,226.45; and
2. Authorize Interim City Manager or designee to negotiate and execute the agreement.
FISCAL/FINANCIAL IMPACT: The City received $653,000.00 from Caltrans through the Highway Safety Improvements Program (HSIP) program, Cycle 10, for design and construction of the proposed project. The design phase of the project is funded through HSIP , with total funds awarded for this phase in the amount of $73,000.00. There is no local match requirement for the project. The following is the project’s anticipated cost for the design phase:
Professional Services (Kimley-Horn and
Associates)
$62,226.45
City Staff Time for Project Management $10,000.00
Total $72,226.45
Below is the design phase funding breakdown:
HSIP Cycle 10 (no local match required)$72,226.45
Total $72,226.45
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 Ave. and Garvey Ave. 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 (2) signalized intersections throughout the City.
The primary objective of the requested professional services (design engineering services) is to have the selected engineering consultant provide complete plans, specifications, and estimates (PS&E) / Bid Package approved by all involved jurisdictional and regulatory agencies that will be ready for construction bidding for the improvements outlined in the Request for Proposal (RFP).
On October 25, 2022, the City Council authorized staff to issue a RFP for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr.
On October 26, 2022, the City issued a RFP for Professional Services for the Pavement Management Program (PMP) Update with a proposal due date of November 22, 2022.
Three (3) firms submitted proposals: AGA Engineers, Inc.; Kimley-Horn and Associates, Inc.; and Lin Consulting Inc. The proposals were evaluated based on the established criteria identified in the RFP including compliance with the RFP requirements, proposal quality, project understanding, approach, methodology including responsiveness and flexibility, experience of assigned staff, similar project experience, schedule efficiency, and references.
Staff reviewed the proposals and determined that the proposal from Kimley-Horn and Associates, Inc. (Kimley-Horn) was the most qualified pursuant to the City's purchasing policy. Kimley-Horn’s proposal was the most comprehensive and demonstrated the best understanding of the requested services. Kimley-Horn included more than ten (10) HSIP projects as relevant experience. Furthermore, Kimley-Horn’s proposed project manager and proposed team (including a specialized subconsultant) demonstrated relevant HSIP project experience .
Staff recommends that the City Council approve a professional services agreement with Kimley-Horn and Associates, Inc., as the most qualified consultant, to provide Design
Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr. Project for a total amount of $62,226.45 and authorize the Mayor to execute the agreement.
ATTACHMENT(S):
A. Resolution No. 23-08
B. Technical Proposal
C. Fee Proposal
D. Professional Services Agreement with Kimley-Horn
01257.0001/847561.1
ATTACHMENT A
RESOLUTION NO. 23-08
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL AWARDING PROFESSIONAL SERVICE
AGREEMENT TO KIMLEY-HORN AND ASSOCIATES, INC.
FOR DESIGN SERVICES FOR TRAFFIC SIGNAL
IMPROVEMENTS AT LEE AVE. & GARVEY AVE. AND
DURFEE AVE. & PECK RD. - MICHAEL HUNT DR.
WHEREAS, on October 25, 2022, the City Council authorized staff to issue a Request for Proposal (RFP) for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr. Project; and WHEREAS, on October 26, 2022, the City issued a RFP for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr. Project with a proposal due date of November 22, 2022 and received three (3) proposals; and
WHEREAS, the City staff evaluated the proposals and determined that Kimley-Horn and Associates, Inc. submitted the most qualified and comprehensive proposal to provide the subject services for the project.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY
RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are true and correct and incorporated by reference.
SECTION 2: Upon reviewing the proposals submitted for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr., the City Council hereby finds that Kimley-Horn and Associates, Inc. has submitted the most qualified proposal pursuant to the City’s purchasing policy, in the amount of $62,226.45.
SECTION 3: The City Council hereby authorizes the Mayor to take all actions necessary to effectuate and execute a professional service agreement with Kimley-Horn and Associates, Inc. in the amount of $62,226.45, subject to the approval as to form by the City Attorney.
SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 24th day of January, 2023. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
01257.0001/847561.1
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. 23-08 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 24th day of January 2023 and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
Technical Proposal for
Design Services
for HSIPL-5352(021)
Traffic Signal Improvements at Lee Avenue & Garvey
Avenue and Durfee Avenue & Peck Road
ATTACHMENT B
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 1
Cover Letter
November 22, 2022
Rene Salas
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
RE: Proposal to Provide Design Services for Traffic Signal Improvements at Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road, HSIP Cycle 10 Improvements, HSIPL-5352(021)
Dear Ms. Salas and Members of the Selection Committee:
The City of South El Monte (City) is a vibrant city that is rapidly growing into a flourishing commercial and residential center. Improving the City’s infrastructure is vital to supporting this growth. As the City prepares to implement traffic signal improvements at two signalized intersections, selecting the team with the right combination of local knowledge and expertise in traffic engineering design is critical.
Kimley-Horn has assembled a team that has significant relevant experience and covers the full range of skillsets needed to deliver this project.
As you review our proposal, please keep in mind the following attributes Kimley-Horn can bring to the table:
Experienced Project Manager Backed by Multidisciplinary Resources. Our team will be led by Jean Fares, P.E., who brings over 30 years of experience in the transportation engineering field. Jean has worked closely with numerous local municipalities in the Southern California region on various traffic signal modification projects. He will be backed by a skilled team of engineers, planners, and analysts with experience in traffic signal plans, traffic signal timing, ADA compliance, bidding/construction support, and more. We have supplemented our in-house team with Avant-Garde, Inc. to provide funding administration services. Our team regularly works together on similar Highway Safety Improvement Program (HSIP) projects, allowing us to collaborate with the City efficiently and effectively in completing this project without having to establish new lines of communication.
Extensive HSIP Project Experience. Kimley-Horn has completed numerous HSIP projects ranging from roadway realignments to multiple intersection corridors. We understand that being familiar with the coordination of the approval process is the key to timely completion of these projects. Our Southern California HSIP project experience includes:
◢ City of South El Monte, Design Services for Traffic Signal Improvements at Various Signalized Intersections ◢ City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits ◢ City of Palm Springs, Traffic Signal Improvements
◢ City of Culver City, Signal Upgrade and Left Turn Phasing Project ◢ City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials ◢ City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop Project ◢ City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System ◢ City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement Project ◢ City of Rancho Mirage, Traffic Signal Interconnect Improvements A Partner You Can Trust. We value our partnership with the City of South El Monte. Kimley-Horn is currently working with the City on a similar project, Traffic Signal Improvements at Various Signalized Intersections, and we intend to continue building on the trust the City has placed in us. We will approach this project with the needs of the City, residents, and stakeholders in mind. We are here to serve you and will listen to your concerns and act independently while partnering with you to deliver on this project. ⬗ 660 South Figueroa Street
Suite 2050
Los Angeles, CA
90017
TEL 213.261.4040
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 2
Kimley-Horn is a trusted name among our clients—in fact, 90 percent of our business is from repeat clients. Any of our transportation-industry clients can attest to our ability to exceed your expectations and deliver your project on time and within budget. By choosing Kimley-Horn, the City can capitalize on our team’s expertise, resources, and proven ability to put the needs of the City first. As project manager, Jean Fares, P.E., will serve as your main point of contact and can be reached at 213.354.9402, [email protected], or the address listed on the previous page if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC
Jean Fares, P.E.*
Project Manager/Senior Vice President
*As Senior Vice President, Jean Fares, P.E. is authorized by Kimley-Horn to represent the firm and negotiate agreement terms and compensation.
Kimley-Horn acknowledges that this submittal is valid for 120 days from the date of submission of November 22, 2022.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 3
Table of Contents
Cover Letter.................................................................................................................................................... 1 Section 1: Approach and Scope of Work .....................................................................................................4 Section 2: Schedule...................................................................................................................................... 17 Section 3: Project Team, Key Personnel, and Resumes.......................................................................... 18 Section 4: Company Qualifications...........................................................................................................26 Section 5 : References ................................................................................................................................. 33 Section 6: City’s Standard Professional Services Agreement...............................................................34 Section 7: Addenda Acknowledgement ..................................................................................................... 35 Section 8: Required Attachments ..............................................................................................................36
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 4
Section 1: Approach and Scope of Work
Project Understanding
The City is looking to improve safety and operability through the installation of retroreflective signal heads, 12” vehicle heads, and pedestrian countdown signal heads at two existing signalized intersections in various locations throughout the City. One of the two signalized intersections has existing left turn lanes where protected left turn phases have been proposed and requires full traffic signal design. Per the City’s Request for Proposals (RFP), the project is funded at an estimated $653,000 by an HSIP Cycle 10 grant from Caltrans.
The City has compiled collision data history from 2015-2019 with a total of 20 collisions, four of which include pedestrians and cyclists.
The Caltrans Local Roadway Safety Manual (LRSM) outlines a systemic approach of proven safety countermeasures to address system-wide safety issues. The LRSM provides steps to calculate Benefit to Cost ratios (BCR) to determine which low-cost countermeasures could be implemented in high crash locations. Based on the collision data history and BCRs, the City has determined three countermeasures to increase safety and reduce the number of collisions.
The first countermeasure S2: Improve Signal Hardware: Lenses, Back-Plates with Retroreflective Borders, Mounting Size, and Number of Signal Heads includes improvements in safety for signalized intersections by installing new LED lighting, signal back plates, retroreflective tape outline on the back plates, or visors to increase signal visibility, larger signal heads, relocation of signal heads, or additional signal heads. The LRSM states that the S2 countermeasure provides better daytime and nighttime visibility and clarity of signals and reduces rear-end and rightangle collisions associated with drivers who are unable to see traffic signals sufficiently in advance of an intersection. The implementation of upgrading all vehicle head lenses to 12” LED vehicle heads and all back-plates with retroreflective borders and mountings has the potential to reduce crashes by 15% as documented in the LRSM and RFP.
The second countermeasure S7: Signal Modification: Provide Protected Left Turn Phase (Left Turn Lane Already Exists) includes upgrading the poles, mast arms, crosswalks, and other signing and striping to accommodate a protected left turn movement through the intersection. In addition to physical improvements, the signal timing will need to be updated for the protected left turn phase. The addition of a left turn phase reduces the number of conflicts with pedestrians crossing the intersection and oncoming traffic. The number of rear-end, sideswipe, and broadside collisions will be reduced by 30% as defined by the LRSM.
The third countermeasure S17PB: Install Pedestrian Countdown Signal Heads focuses on improving pedestrians’ safety by installing a timer display to let pedestrians know how much time they have left to safely cross a street. The implementation of pedestrian countdown signal heads will reduce crashes by 25% as documented in the LRSM and RFP. Countermeasures S2, S7, and S17PB will have a combined BCR of
19.01. Specific improvements are further discussed in the succeeding Scope of Work section of this document. These project intersections and improvements are shown in the exhibit on the following page.
Grant administration is a key element to confirm that the City follows through with procurement. When agencies are appropriated funding, it is their responsibility to work with the administering agencies to submit the required documents as well as reimbursements requests. Funding administration involves various steps such as the tracking of all eligible and non-eligible expenditures through the project’s lifespan, providing advisement on programmatic changes and updates, and building relationships with each agency granting or administering the funding. We have included Avant-Garde, Inc. on our team to assist with this portion of the project. Each member of Avant-Garde’s staff has provided professional consultant services on similar projects in the past and is thoroughly familiar with the processes required pursuant to Caltrans Local Assistance Procedures (LAPM) and Metro funding administration procedures. Avant-Garde has successfully completed audits with Caltrans, Metro, and the Federal Highway Administration (FHWA). The documents are organized in a manner that is conducive to the auditor’s review and we have cleared all the audits conducted on state-funded projects that were administered through Avant-Garde.
In addition to the design and integration of this project, Kimley-Horn understands the importance of coordination with Caltrans District 7 to assure a successful implementation of this project. Our team will verify that our submittals are complete to meet Caltrans LAPM requirements for each submission. It is further understood that this project, along with all others receiving funding under HSIP Cycle 10, are funded by stateonly funds, and are also subject to the state’s process for state-funded HSIP projects.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 5
Project Approach
The implementation of countermeasures S2, S7, S17PB is an effective method to improve overall intersection safety through enhancements to visibility. Kimley-Horn is committed to working with the City to deliver a project that is comprehensive, timely, and cost-effective.
During an initial field observation conducted on Novemeber 15, 2022, existing signal head equipment, existing pedestrian countdown signal heads, existing 8” vehicle heads, existing ramps, and constraints that might impact the proposed design were noticed. The tables on the following pages highlight our proposed project recommendations based on this visit. Kimley-Horn will conduct a more thorough field investigations at each of the two intersections to document more detailed existing conditions.
Garvey Ave
Durfee Ave
Peck Road
Lee Ave
Lee Avenue & Garvey Avenue
Durfee Avenue/Peck Road &
Michael Hunt Drive
Project Locations:
Legend:
Countermeasures 2, 7, 17PB
Countermeasures 2, 17PB
Four collisions involving pedestrians and bicyclists
have been documented between 2015-2019 along
this corridor. Due to the high number of collisions
the following improvements are suggested to
all intersections:
borders and countdown pedestrian signal heads
Upgrade 8” vehicle signal heads
and inventory at each of the intersections for the
signal heads are shown to the right.
1 2
Michael Hunt Dr
Garvey Ave
Durfee Ave
Peck Road
Lee Ave
two
1 2
Figure 1: Vicinity Map
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 6
The Americans with Disabilities Act (ADA) of 1990, along with its implementing regulations, and the California Government Code Sections 4450 et. Seq., prescribe that facilities shall be made accessible to persons with disabilities. Based on our review of the project recommendations and a detailed field review of both intersections, we noticed diversions from the current ADA standards at one of the two intersection locations. The California Building Code (CBC) and the California Department of Transportation’s accessibility design guidance, DIB 82 “Pedestrian Accessibility Guidelines for Highway Projects” dated November 16, 2017 will be used to identify the ADA deficiencies and develop revised designs following current ADA regulations. We noted multiple corners where ADA ramps are not up to standard in the project recommendations table.
Kimley-Horn will be categorizing the intersections into two types of improvements. The first category is major traffic signal improvements which include installing countdown pedestrian signal heads and audible pedestrian push buttons, upgrading vehicle heads, installing retroreflectorized borders on backplates, installing new poles and mast arms, installing continental crosswalks and limit lines, and upgrading existing ramps to be ADA compliant. The second category is minor traffic signal improvements, which include installing countdown pedestrian signal heads and audible pedestrian push buttons, upgrading vehicle heads, and installing retroreflectorized borders on backplates.
The following intersection will require major traffic signal improvements:
• Lee Avenue and Garvey Avenue
Kimley-Horn will submit preliminary plans that will include one intersection per sheet at 1”=20’ scale. The plans will show the full extent of traffic signal improvements. Base mapping within each sheet will include signal equipment, conduit runs, pull boxes, controllers, and other elements necessary to the design.
The following intersection will require minor traffic signal improvements:
• Durfee Avenue/Peck Road and Michael Hunt Drive
Kimley-Horn will submit preliminary plans that would include one intersection per sheet at 1”=20’ scale. The plans will show the removal of existing signal head backplates, existing 8” vehicle signal heads, and existing pedestrian signal heads as well as the installation of retroreflective backplates, 12” LED vehicle heads, and pedestrian countdown signal heads. To reduce costs associated with plan preparation and City review, base mapping within each sheet will be kept to a minimum and will be limited to show only relevant signal equipment, conduit runs, pull boxes, controllers, and other elements unnecessary to the design will be omitted.
We have included two project samples on the following page. This provided enough context for the design, conveyed the information to the contractor, and required zero contractor change orders. For the City of Palm Springs, we installed a protected left turn lane and upgraded traffic signal equipment. For the City of Monterey Park, we drew the existing right-of-way, curb, and centerlines as a base for the design.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 7
City of Palm Springs
City of Monterey Park
City of South El Monte TRED96039.2022 8
PROJECT RECOMMENDATIONS TABLE: Lee Ave and Garvey Ave
Major Traffic Signal Improvements
Existing Conditions Potential Modification and Recommendations General
35 miles per hour (MPH) along Garvey Avenue
Video detection for eastbound, westbound, and northbound approaches. Loop detection for southbound approach. No advance detection
Faded striping at all approaches
Refurbish existing striping
Northwest Corner
General:
Non ADA compliant curb ramp
Existing Pole with 15’
Mast Arm (no ID):
LED luminaire
(1) 4-12” Signal head on pole and (1)
3-12” signal head on mast arm
(1) Countdown pedestrian head
Video detection camera mounted to
luminaire arm
Internally Illuminated Street Name
Sign (IISNS)
(1) Pedestrian push button
Existing 1-A Pole with:
(1) 3-12” Signal head on pole
(1) Non countdown pedestrian head
Upgrade to APS
Install retroreflective borders on each backplate
Install advance detection to 250’ per LA County
requirements
New pole and mast arm to accommodate left turn
Install protected left turn phase at existing left turn lane
Install countdown pedestrian signal head
Challenges and Opportunities
Low hanging utility wires: new poles and mast arms
to make clearance (see photo)
Northeast Corner
Existing Type 15TS Pole with:
LED luminaire
(1) 4-12” Signal head and (1) 3-12”
signal head on pole
(1) Countdown pedestrian head
Upgrade to APS
Install retroreflective borders on each backplate
Southeast Corner
Non ADA compliant curb ramp
Traffic signal controller cabinet
Existing Pole with 20’
Mast Arm (No ID):
LED luminaire
(1) Pedestrian push button
(1) 3-12” Signal head on mast arm,
(1) 3-12” signal head on pole
IISNS
(1) Countdown pedestrian head
Video detection camera mounted to
luminaire arm
Existing 1-A Pole with:
(1) Pedestrian push button
(1) 4-12” Signal head on pole
Upgrade to APS
Install retro-reflective borders on each backplate
Install countdown pedestrian signal head
Install advance detection to 250’ per LA County requirements New pole and mast arm to accommodate left turn
Install protected left turn phase at existing left turn lane Southwest Corner
Non ADA compliant curb ramp Existing Type 15 TS Pole with:
LED luminaire
(1) Pedestrian push button
(1) Left arrow 3-12” signal head on
mast arm, (1) 3-12” signal head on
mast arm, (1) 3-8” signal head on
pole
IISNS
Existing Type 15 TS Pole with:
LED luminaire
(1) Pedestrian push button
(1) 3-12” Signal head on pole
(1) Non-countdown pedestrian head
Upgrade to APS
Install retroreflective borders on each backplate
Install countdown pedestrian signal head
Challenges and Opportunities
Low hanging utility wires: new poles and mast arms to make clearance
City of South El Monte TRED96039.2022 9
PROJECT RECOMMENDATIONS TABLE: Durfee Ave and Michael Hunt Minor Traffic Signal Improvements
Existing Conditions Potential Modification and Recommendations General
40 MPH along Durfee Avnue/Peck Road
Loop detection for all approaches
North Corner
General:
ADA compliant curb ramp
Traffic signal controller cabinet
Existing Type 15 TS Pole with:
LED luminaire
(1) Pedestrian push button
(1) Left arrow 3-12” signal head on
mast arm, (1) 3-12” signal head on
mast arm, (1) 3-8” signal head on
pole
IISNS
Existing 1-A Pole with:
(1) Pedestrian push button
(1) 3-12” Signal head on pole
(1) Non-countdown audible pedestrian
signal head
Upgrade to APS
Install retroreflective borders on each backplate
Install new 12” vehicle heads with retroreflective borders Install countdown pedestrian signal head
East Corner
ADA compliant curb ramp Existing Pole with 40’
Mast Arm (No ID)
LED luminaire
(2) 3-12” signal head on mast arm,
(1) 3-8” signal head on pole
(1) Non-countdown audible
pedestrian signal head
(1) Pedestrian push button
Retroreflective Street Name Sign
(RRSNS)
Existing 1-A Pole with:
(1) Pedestrian push button
(1) 3-8” signal head on pole
(1) Non-countdown audible pedestrian
signal head
Upgrade to APS
Install retroreflective borders on each backplate
Install new 12” vehicle heads with retroreflective borders Upgrade all 8” signal heads to 12” signal heads with retroreflective backplates Install countdown pedestrian signal head
South Corner
ADA compliant curb ramp
Electric service cabinet
Existing Type 15 TS Pole With:
LED luminaire
(1) Pedestrian push button
(1) 3-12” signal head on pole
(1) Non-countdown audible
pedestrian signal head
Existing 1-A pole with
(1) Pedestrian push button
(1) 3-12” signal head on pole
(1) Non-countdown audible pedestrian
signal head
Upgrade to APS
Install retroreflective borders on each backplate
Install new 12” vehicle heads with retroreflective borders Install countdown pedestrian signal head
West Corner
ADA compliant curb ramp Existing pole with 40’
mast arm (no ID)
LED luminaire
(2) 3-12” Signal head on mast arm,
(1) 3-12” signal head on pole
(1) Non-countdown audible
pedestrian signal head
(1) Pedestrian push button
IISNS
Existing 1-A pole with
(1) Pedestrian push button
(1) 3-12” Signal head on pole
(1) Non-countdown audible pedestrian
signal head
Upgrade to APS
Install retroreflective borders on each backplate
Install new 12” vehicle heads with retroreflective borders Install countdown pedestrian signal head
Proposal to
Provide Design Services
for Traffic Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 10
Project Methodology
The flowchart below illustrates the methodology and techniques our team will employ for this project.
PS&E Process
Progress/
Comments
Meeting
Gather Existing Data
• As-Builts
• Field
Investigation
Design of
Improvements
Deliverable:
Preliminary PS&E
Kick-Off
Meeting
Prepare CON
Allocation + Forms
City Submits
CON
Allocation + Forms
Program Supplement
Agreement from Caltrans
Bidding Assistance Construction
Assistance
Deliverable:
60% PS&E +
CEQA Certification
+ Traffic Signal
Timing Chart
Deliverable:
90% PS&E
Self-Certified
Right-of-Way
+ Traffic
Signal Timing Chart
Deliverable:
Bid Package
Progress/
Comments
Meeting
Progress/
Comments
Meeting
Progress/
Comments
Meeting
Deliverable:
100% PS&E +
Certification
+ Traffic
Signal Timing Chart
Deliverable:
Record Drawings
Cycle 10 projects are using state funds; therefore, only CEQA will be required for environmental clearance
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 11
Quality Control
Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful quality control, Kimley-Horn developed a quality control/quality assurance (QC/QA) manual that every contract manager and task manager is required to know and use. We strive for our procedures to facilitate the delivery of high-quality services that satisfy our client’s needs. There will be no learning curve relative to quality for the Kimley-Horn team. Our QC/QA program is based on the philosophy that:
◢ Quality is achieved by adequate planning, coordination, supervision, and technical direction; proper definition of the job requirements and procedures; understanding the scope of services; and the use of appropriately skilled personnel performing work functions carefully ◢ Quality is controlled by assigning a manager to evaluate all work and procedures followed while providing the services
◢ Quality is secured through the careful surveillance of work activities by individuals who are not directly responsible for performing the initial efforts
◢ Quality is verified through independent reviews by a qualified staff member of the processes, procedures, documentation, supervision, technical direction, and staffing associated with the project development Our QC/QA program will include the review of project documents and supporting data by our task managers and key staff who will direct individual tasks. Our QC/QA program will include the following procedures:
◢ The project manager will be responsible for being thoroughly familiar with requirements and will be given the authority to direct the project team and call upon our corporate resources, as required, to satisfy the project needs ◢ An internal “kick-off” meeting will be held with key individuals assigned to the task to clearly define the scope of services and establish the schedule
◢ Project meetings and decisions will be documented by a “paper trail.” All documents will be supported by appropriate data that will clearly show the choices evaluated and the basis for our recommendations ◢ Supporting calculations, text, or data used to develop a document will be signed and dated by the individual involved when the services are performed. Also, telephone conversations and meetings that include or affect a project decision will be documented ◢ Team network review will be undertaken. Team network quality control is the day-to-day peer review that is undertaken by the project team. Documents, analyses, letters, etc., are reviewed by a team member other than the individual preparing the documents and analyses. Review of significant analyses and documents are provided by the task manager for each task. The individual doing the checking will sign and date the documents and prepare a record of the findings. The findings will be resolved by the originator of the document and checked again until corrected. Quality control review comments will be maintained in a quality assurance file. This network review will be enhanced by weekly or bimonthly full team meetings Schedule and Budget Control
Kimley-Horn understands the importance of meeting the City’s schedule and is committed to completing this project on time. Our confidence in being able to meet the City’s timeline is attributed to our stringent approach to schedule control. We understand that schedule control must begin with a clear understanding of the scope of work and budget as well as the subsequent preparation of a detailed schedule that includes milestone completion dates, critical path items, and risks for interim deliverables. We maintain a detailed, integrated Management Information System (MIS), designed primarily to focus on schedule control. MIS tracks both effort and performance by recording time spent and percent of projects completed. Twice monthly, MIS produces a Project Effort Report, which shows the actual effort expended by task. This internal control allows us to make any timely adjustments reasonably necessary to maintain project schedules.
Budget control is achieved through two independent processing systems integrated into the MIS, providing a complete financial and reporting overview of each individual task as well as the entire project. Our project managers receive detailed status reports twice a month but can also access the system and obtain real time information on an ongoing basis. This level of tracking controls task budgets, allowing us to keep our clients fully informed of all administrative aspects of each task at a moment’s notice.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 12
Document Control
We utilize a redundant document control system in which both hard and electronic copies of project deliverables and significant project communications are filed and tracked by project number and key words. Our streamlined electronic filing system includes records of meetings and data shared; documentation of design decisions; and data collected and/or provided by others, allowing us to quickly locate project records and respond to your requests in a timely fashion.
Scope of Work
Our scope of services includes the following key tasks:
1. Project Management
2. Utility Coordination
3. Preliminary Engineering
4. Plans, Specifications, and
Estimate (PS&E)
5. Bidding and Construction Support
6. Prepare Record Drawings (As-Builts)
7. Prepare Traffic Signal Timing Charts
Task 1: Project Management
This task will consist of project coordination with the team, administration, and set up and attendance at project meetings. Kimley-Horn’s administration efforts include initial development and maintenance of project schedule, work plan, budget, and filing system and process monthly invoices/progress reports. We will create and maintain a detailed schedule, updating it as needed to manage the project, and as requested by the City.
Kimley-Horn will attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introduction, discuss scope of work, information needed from various City departments, overall schedule, and the implementation process. After the kick-off meeting, biweekly progress meetings will be scheduled as well as meetings to review the preliminary design, 60%, 90%, and 100% submittals with City staff. Any difficulties that may impede progress will be communicated, resolved, and expedited to ensure all deadlines are met on time.
Task 1 Deliverables
 Attendance at project meetings
 Electronic copy of meeting agendas and meeting minutes  Schedule updates at each submittal milestone (60%, 90%, 100%) Task 2: Utility Coordination
Task 2.1: Utility Coordination
This task includes collecting data and information from the City, coordination with utility companies, and a field reconnaissance at one intersection. Kimley-Horn will coordinate with the City to collect existing data for the design. Sample data that will be requested includes, but is not limited to, the following:
• Utility contacts
• Existing as-builts pertinent to the project within the project vicinity including, but not limited to, existing traffic signal, roadway, and communication as-builts
• Available electronic signal plans
Kimley-Horn will perform utility coordination for the project. Record base maps of the utility companies will be requested, and we will notify the various agencies and request that if they plan to install new facilities within the project area that they coordinate with the City as soon as possible. Utility records will be scanned and catalogued as they are received. Utility information will be incorporated into the project base map. Kimley-Horn will review and analyze received utility record plans to identify potential conflicts with the proposed improvements. A matrix will be created to track which utility companies have been contacted, which utility documentation has been received, and which utility documents have been implemented into the plan. Preliminary and final plans will be sent to all affected utility companies to communicate our improvements and further minimize any utility conflicts that may occur during construction.
Kimley-Horn will coordinate with utilities up to the start of construction to facilitate the adjustment and relocation of their facilities if necessary.
It is assumed that utility coordination will transfer to another responsible party at the start of construction.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 13
Task 2.2: Potholing (Optional)
If deemed necessary, Kimley-Horn will team with a potholing subconsultant who will provide the following:
• Underground utilities at potential conflict locations to determine their horizontal and vertical location for clearance and connection points or conflicts for underground improvements such as gas lines and other utilities, and to determine the location of proposed traffic signal pole foundations
• Repair existing improvements in-kind because of potholing. This includes repair of asphalt concrete and PCC. They will perform up to eight potholes. Vac-X or similar potholing method will not be used over gas mains. The potholing information and plan will be submitted to the City after task completion
• Pull a no-fee encroachment permit, notify underground service alert, and provide standard traffic control during potholing operation Task 3: Preliminary Engineering
Kimley-Horn will be working with Avant-Garde to prepare the Categorical Exception documents and coordinate with the City to receive approval. As this project is state funded as part of HSIP Cycle 10, local HSIP projects must meet the requirements of the CEQA. Based upon our preparation of environmental documentation for similar projects and a review of the project as presented in the RFP, Kimley-Horn anticipates that the project will be categorically exempt under CEQA Guidelines Section 15301 – Existing Facilities. The Notice of Exemption (NOE) will include a brief project description and analysis/explanation as to why this exemption under California Environmental Quality Act (CEQA) Guidelines Section 15301 is appropriate and confirm that no exceptions or unusual circumstances exist. Kimley-Horn will file the NOE with the County Clerk.
Kimley-Horn understands the project will be completed within the public right-of-way. The project will not require any utility relocation or rightof-way acquisition or easements. Kimley-Horn will perform research and compile all available right-of-way maps, assessor parcel maps, and easement information within project limits. The right-of-way information will be shown on the plans. Any Temporary Construction Easements (TCEs) will be obtained by the City from adjacent property owners and the consultant shall show them on the plans.
Kimley-Horn will review base data documents including as-built improvement plans, utility information, survey information, and other available record data.
Kimley-Horn will conduct field investigations at each of the intersections to document existing street and traffic signal equipment and assess existing conditions to identify any necessary upgrades. Topographic survey will not be required for ADA ramp design.
Kimley-Horn will prepare preliminary engineering plans for each intersection that show tentative traffic signal improvements. Plans will be completed in AutoCAD Version 2022 and will be presented with one intersection per plan sheet at scale 1”=20’.
The following intersection will require major traffic signal improvements:
• Lee Avenue and Garvey Avenue
The traffic signal improvement plans for the intersection above will include signing and striping and other traffic signal upgrades necessary for the upgraded traffic signal operations, such as new traffic signal cabinets, controllers, battery back-up systems, poles, mast arms, luminaire arms, audible pedestrian push buttons, countdown pedestrian heads, 12” signal heads, retroreflective borders on backplates, continental crosswalks and limit lines, ADA curb ramps, and conduits.
The following intersection will require minor traffic signal improvements:
• Durfee Avenue/Peck Road and Michael Hunt Drive
The traffic signal improvement plans for the intersection above will include the installation of retroreflective backplates, 12” signal heads, countdown pedestrian signal heads, and audible pedestrian push buttons.
A preliminary engineer’s Opinion of Probable Construction Cost (OPCC) will be developed on Microsoft Excel based on the preliminary plans.
A project contingency will be included in the engineer’s opinion of probably costs to provide for cost increases and unknown issues that may arise but cannot be specifically identified at this stage.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 14
Kimley-Horn will prepare technical specifications on Microsoft Word. The base documents that the technical specifications will be based on the City of South El Monte Traffic Signal Specifications and Standard Specification for Public Works Construction (“Greenbook”).
Task 3 Deliverables
 Preparation of CEQA Categorical Exemption
 Preliminary Engineering Plans in PDF electronic format (Two sheets)  OPCC in PDF electronic format
 Preliminary Technical Specifications in PDF electronic format Task 4: Plans, Specifications, & Estimate (PS&E)
Task 4.1: 60% PS&E Package
Based on one set of non-conflicting comments on the Preliminary Plans, Kimley-Horn will advance the construction documents to a 60% level of design. Kimley-Horn will adjust the design plans based on City comments. Kimley-Horn will prepare a comment response matrix to be submitted with the 60% submittal. The comment response matrix will include the original comments, Kimley-Horn’s responses to the comments, and final resolution. Additional annotation will be added to the traffic signal plans based on the comments received by the City.
The Engineer’s OPCC and Technical Specifications will be updated based on the City’s comments.
We anticipate the following plan sheet counts for the project:
• Cover Sheet (One sheet)
• Notes, Legends, and Construction Details (One sheet)
• Traffic Signal Improvement Plans (Two sheets)
• Curb Ramp Detail Sheets (One sheet)
• Estimated Total Sheets (Five sheets)
We do not anticipate the following sheets to be part of the design at any stage of the project:
• Signing and Striping Plans
• Civil Improvements
• Communication Plans
• Street Lighting Plans
Task 4.1 Deliverables
 One set of 60% plans in PDF electronic format
 Technical specifications in PDF electronic format
 60% OPCC in PDF electronic format
Task 4.2: 90% PS&E Package
Based on one set of non-conflicting comments on the 60% plans, Kimley-Horn will advance the construction documents to a 90% level of design. Kimley-Horn will adjust the design plans based on City comments. Kimley-Horn will prepare a comment response matrix to be submitted with the 90% submittal. The comment response matrix will include the original comments, Kimley-Horn’s responses to the comments, and final resolution. Additional annotation will be added to the traffic signal plans based on the comments received by the City.
The Engineer’s OPCC and Technical Specifications will be updated based on the City’s comments.
Task 4.2 Deliverables
 One set of 90% plans in PDF electronic format
 Technical specifications in PDF electronic format
 90% OPCC in PDF electronic format
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 15
Task 4.3: 100% PS&E Package
Based on one set of non-conflicting comments from the 90% PS&E comments, Kimley-Horn will advance the PS&E to the 100% level of design. It is expected that the comments will not result in a major change in design. Kimley-Horn will adjust the plans and technical specifications based on the City comments accordingly. Kimley-Horn will prepare a comment response matrix to be submitted with the Final submittal. The comment response matrix will include the original comments, Kimley-Horn responses to the comments, and final resolution.
A licensed professional engineer will conduct a peer review and QC/QA of the design plans, OPCC, and technical specifications. A license professional engineer will stamp and sign all plan sheets for this submittal.
Task 4.3 Deliverables
 One set of 24”x36” hardcopy 100% plans with wet signed mylars and in .dwg format  One set of hardcopy technical specifications, electronic PDF, and electronic Microsoft Word format  100% OPCC in electronic PDF and Microsoft Excel format Task 4.4: Caltrans LAPM Forms for PSE Certification and E-76 Construction Authorization As this is a HSIP Cycle 10 project, Caltrans LAPM forms for PSE Certification and E-76 Construction Authorization is not required.
Kimley-Horn will be working with Avant-Garde to prepare and submit right-of-way self-certification forms as well as prepare and submit construction allocation request and other documents for Caltrans.
Avant-Garde understands federal and state requirements, funding administration, and the complex diversity of Southern California. They are uniquely qualified to perform extensive research to identify and secure grants as an on-call consultant, deliver a variety of grants, deliver reports and documents for projects from inception to conclusion, and administer federal, state, and regional required submittals and reporting.
Task 4.4 Deliverables
 Right-of-way self-certification package
 Construction allocation package
Task 5: Bidding and Construction Support
This task consists of coordination and support during the bidding phase of the project. Kimley-Horn will attend the pre-bid meeting and assist City staff and/or potential contractors in answering pre-bid questions, and interpretations of the plans and specifications. Kimley-Horn will log those questions and provide responses to requests for information (RFI) during the bidding phase and prepare project addenda.
Kimley-Horn will also assist with coordination and support during the construction stages of the project. Kimley-Horn will attend the preconstruction meeting and address items for the construction management team to be aware of. Kimley-Horn will be involved during construction stages by responding to RFIs, reviewing and responding to all submittals, and reviewing any proposed changes by the contractor during construction. We will attend up to five construction progress meetings or field meetings.
Task 5 Deliverables
 Prepare up to two project addenda
 Response to pre-bid questions
 Response to RFI and questions during bidding phase
 Response to RFIs and submittal reviews
 Attendance of up to five meetings
 Pre-construction
 Job walk
 Jobsite
Task 6: Prepare Record Drawings (As-Builts)
Kimley-Horn will prepare record drawing as-builts within 20 days after construction has been completed. Any comments and changes during construction as red-lined and noted by the contractor will be documented and annotated. Record drawings will be prepared in AutoCAD, and PDF electronic files will be sent to the City.
Task 6 Deliverable
 Record drawings in PDF electronic format
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 16
Task 7: Prepare Traffic Signal Timing Charts
Kimley-Horn will prepare updated traffic signal timing sheets for the following intersections:
• Lee Avenue and Garvey Avenue
• Durfee Avenue/Peck Road and Michael Hunt Drive
The updated timing sheets will include proposed signal timing parameters such as minimum bicycle greens, all-red times, walk times, flashing don’t walk times, and yellow times. For each intersection, recommended phase timing parameters will be calculated by referencing the latest version of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and recent aerial imagery measurements. For the intersection with new protected left turn phases, the phase diagram on the updated traffic signal timing sheet will be updated to reflect the new phasing.
The format of the updated timing sheets will be consistent with the proposed traffic signal controller software type.
Task 7 Deliverable
 Updated traffic signal timing sheets in electronic Microsoft Excel and PDF format
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 17
Section 2: Schedule
Our draft project schedule, highlighting project tasks, durations, start and completion dates, and time allocations for City and other agency review, is provided below. This schedule assumes a Notice to Proceed (NTP) of February 6, 2023. It is our intent to review this schedule with the City at the start of the project and make any desired adjustments and track the project work as a progress schedule by providing regular updates.
Task Name
Months from NTP
1 2 3 4 5 6 7 8
Task 1 – Project Management
Task 2 – Utility Coordination
Task 3 – CEQA Categorical Exemption and
Preliminary Engineering
Task 4 – Plans, Specifications, and Estimates (PS&E)
Task 5 – Bidding Assistance and Construction Support
Task 6 – Prepare Record Drawings (As-Builts)
Task 7 – Prepare Traffic Signal Timing Charts
2 Wks Review (City)
60%
Submitted
(end of Month 4)
90%
Submitted
(mid of Month 6)
100%
Submitted
(mid of Month 7)
(Ongoing throughout duration of construction)
(After
construction
completion)
Ongoing
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 18
Section 3: Project Team, Key Personnel, and Resumes
Project Team
Our team will be led by Jean Fares, P.E., a successful Kimley-Horn project manager with over 30 years of experience in traffic and transportation engineering in Southern California. Jean will coordinate with the City’s project manager to execute the scope of work. He will take the lead in preparing all individual task assignments with staff and will personally manage the overall project, schedule, and deliverables, projecting one point of contact for the City.
Jean understands how important effective project management is to the success of a project. That’s why, for this project, he will implement Kimley-Horn’s proven fundamentals for project management, consisting of:
• Developing a clear understanding of the task to be accomplished (carefully determining what services we will deliver) • Developing a comprehensive work plan and schedule to accomplish the task goals • Setting weekly and monthly milestones that support the larger milestones • Maintaining regular coordination with the project team to discuss any technical issues and provide updates on milestone progress • Engaging with stakeholders during early stages in the project and foster community support for the project by understanding and addressing public concerns up front
Jean will be supported by the following key staff members: Kevin Aguigui, P.E, T.E., E.E., CSEP, who offers more than 32 years of experience in the transportation industry; Jason Melchor, P.E., who brings over 24 years of experience in transportation engineering; Darryl dePencier, AICP, GISP, RSP2B, who comes with 15 years of transportation planning experience; Frank Hoffmann, P.E., who has over 37 years in transportation planning, design, and construction; and Lissette Montoya and Keith LeNoue, staff members of our subconsultant Avant-Garde, Inc. who have more than 20 years of combined experience in funding administration. This core team will be supported by additional, well-qualified engineers and analysts with direct experience working on similar HSIP projects for other local Southern California agencies.
The organizational chart below delineates the roles and responsibilities of both Kimley-Horn’s key personnel and subconsultant staff. Our project team is unsurpassed in local knowledge and relevant experience and has been structured to provide strong support to the City’s project manager. Resumes that highlight the experience and qualifications of our key personnel are provided starting on page 19.
Organization Chart
Environmental and Caltrans LAPM
Lissette Montoya1
Keith LeNoue1
Darryl dePencier, AICP, GISP, RSP2B
ADA Compliant Ramp Design
Frank Hoffmann, P.E.
Matthew Schwengler, EIT
Traffic Signal Plans (PS&E)
Jason Melchor, P.E.
Tim Chan, P.E.
Vivian Chong, EIT
Jennifer De Avila, EIT, LEEDG
Bidding/Construction Support
Jason Melchor, P.E.
Frank Hoffmann, P.E.
Bold = Key Team Members
Subconsultant:
1. Avant-Garde, Inc.
Project Manager
Jean Fares, P.E..
QC/QA Manager
Kevin Aguigui, P.E., T.E., E.E., CSEP
Traffic Signal Timing
Robert Westall, T.E.
Rachel Tam, EIT
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 19
Key Personnel Resumes
Jean has 32 years of experience–including 28 years at Kimley-Horn–with the planning and design of traffic and transportation projects throughout California and the western U.S. As a registered Professional Engineer in California, he has provided traffic signal design at over 2,000 locations, signal system design at over 1,500 locations, and traffic signal timing at over 2,500 locations, and has wide-ranging experience with traffic operations, signing and marking plans preparation, transportation management plans (TMP), and traffic control plans.
Jean also has extensive experience in applying traffic engineering, Intelligent Transportation Systems (ITS) technologies, and communications infrastructure design to leading design-build transportation and transit projects.
Relevant Experience
City of South El Monte, Design Services for Traffic Signal Improvements at Various Signalized Intersections (HSIP Project), South El Monte, CA – Project Manager
City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits (HSIP Project), Monterey Park, CA – Project Manager City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – Project Manager City of Culver City, Signal Upgrade and Left Turn Phasing Project (HSIP Project), Culver City, CA – Project Manager City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA – Project Manager
City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – Project Manager
City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA – Project Manager
City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement (HSIP Project), Santa Clarita, CA – Deputy Project Manager City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes (HSIP Project), Thousand Oaks, CA – Project Manager City of San Marino, Los Robles Avenue Traffic Signal Improvement and Interconnect, San Marino, CA – Project Engineer City of Glendale, Smart Corridor-San Fernando Road, Glendale, CA – Project Manager Los Angeles County, Pomona Valley Advanced Traffic Management and ITS Project, Pomona Valley, CA – Project Manager Los Angeles County, Colima Road and Fullerton Road ITS and Street Improvements, Los Angeles County, CA – Project Manager Los Angeles County, Nogales Street Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA – Project Manager
Los Angeles County, Woodruff Avenue Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA – Project Manager
Los Angeles County, Marine Avenue Traffic Signal Synchronization Project, Various Cities in Los Angeles County, CA – Project Manager
City of Burbank, Buena Vista Street and Winona Avenue Improvements, Burbank, CA – Project Manager City of Santa Monica, Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA – Project Manager City of Agoura Hills, On-Call Traffic Engineering Services, Agoura Hills, CA – Project Director City of Long Beach, Long Beach Boulevard Traffic Signal System Projects, Long Beach, CA – Project Manager City of Whittier, Whittier Boulevard Traffic Signal System Projects, Whittier, CA – Project Manager Coachella Valley Association of Governments (CVAG), Traffic Signal Synchronization Project, Coachella Valley, CA – Project Manager
City of Palmdale, On-Call Traffic Signal Design Services, Palmdale, CA – Project Manager Professional Credentials
Bachelor of Science, California State
Polytechnic University, Pomona
Professional Engineer in
California #TR2097
Institute of Transportation
Engineers (ITE), Member
Jean Fares, P.E.
Project Manager
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 20
Professional Credentials
Bachelor of Science, Civil Engineering,
University of Hawaii at Manoa
Certificate with Distinction,
Telecommunications and Network
Engineering, UC Berkeley Extension
Professional Engineer in California
#48732 (Civil), #1781 (Traffic),
#19888 (Electrical)
Certified Systems Engineering
Professional #00156
Kevin is a Senior Electrical and Systems Engineer with extensive hands-on experience in ITS, transportation engineering, and electrical systems design. His main focus is in the areas of ITS, transit ITS, security and surveillance systems, communications networks, traffic engineering and design, adaptive control systems and transit signal priority systems. He has planned, designed, implemented, and integrated numerous ITS systems that have included advanced transportation controllers, CCTVs, VMS, detection systems, security and surveillance systems, real-time transit information systems, wireless networks, local and wide area networks, and electrical distribution systems. He has conducted numerous technology evaluations, prepared several ITS strategic and master plans, and conducted systems integration for many different types of networks and systems. He has implemented and integrated all forms of communications networks including configuration and testing of field elements and network equipment for both wired and wireless systems.
Relevant Experience
City of South El Monte, Design Services for Traffic Signal Improvements at Various Signalized Intersections (HSIP Project), South El Monte, CA – QC/QA Manager
City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits (HSIP Project), Monterey Park, CA – QC/QA Reviewer City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – QC/QA Reviewer City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA – QC/QA Reviewer
City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – QC/QA Reviewer
City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA – Project Engineer
LA Metro, Expo Metro Line Construction Authority, Design of LRT Phase 2 - Stage B, Los Angeles, CA – Systems Engineer City of Santa Monica, Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA – QC/QA Reviewer Port of Long Beach, Gerald Desmond Bridge Design-Build (D-B) Project, Long Beach, CA – Electrical and Systems Engineer City of Santa Clarita, ITS Phases II - VII Projects, Santa Clarita, CA – QC/QA Reviewer City of Stockton, Miner Avenue and Filbert Street Traffic Signal Installation, Stockton, CA – Principal-in-Charge City of Stockton, Davis Road and Wagner Heights Road Traffic Signal Installation, Stockton, CA – Principal-in-Charge/QC/QA Reviewer
City of Walnut Creek, Adaptive Traffic Signal System, Walnut Creek, CA – Project Manager City of Dublin, Citywide Traffic Signal Communications Inventory, Dublin, CA – QC/QA Reviewer City of Santa Clara, De La Cruz Boulevard, El Camino Real, and Scott Boulevard Traffic Signal Interconnect and Coordination Project, Santa Clara, CA – Project Manager
City of Santa Clara, Bowers Avenue Traffic Signal Interconnect, Santa Clara, CA – Project Manager City of Santa Clara, Benton Street at Pomeroy Avenue Intersection Improvements and Signal Interconnect Project, Santa Clara, CA – Project Manager
Kevin Aguigui, P.E., T.E., E.E., CSEP
QC/QA Reviewer
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 21
Jason is a professional engineer with 24 years of experience in traffic engineering and transportation planning. He has worked with clients in Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties on traffic engineering projects such as traffic signal designs, signing and striping, traffic control, and signal interconnect design plans. He has prepared traffic impact studies and performs technical analyses for a variety of transportation planning projects including transit analysis and circulation studies.
Jason recently completed signal upgrades for 224 intersections in San Bernardino.
Relevant Experience
City of South El Monte, Design Services for Traffic Signal Improvements at Various Signalized Intersections (HSIP Project), South El Monte, CA – Traffic Signal Plans Task Lead
City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits (HSIP Project), Monterey Park, CA – Project Engineer City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – Project Engineer
City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – Project Engineer City of Culver City, Signal Upgrade and Left Turn Phasing (HSIP Project), Culver City, CA – QC/QA Reviewer City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA – Project Engineer
City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA – Project Engineer
City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement (HSIP Project), Santa Clarita, CA – Project Engineer City of Orange, Glassell Street Traffic Engineering Services (HSIP Project), Orange, CA – Project Manager City of Orange, Glassell Street at Palmyra Avenue Traffic Signal Improvements (HSIP Project), Orange, CA – Project Manager City of Pasadena, Pasadena SAFETEA-LU System Manager, Pasadena, CA – Project Engineer City of Burbank, Riverside Fiber-Optic Improvements, Burbank, CA – Project Engineer City of Ontario, City Municipal Fiber-Optic Network, Ontario, CA – Project Engineer City of Santa Monica, Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA – Project Engineer LA Metro, Expo Metro Line Construction Authority, Design of LRT Phase 2 (Stage B), Los Angeles, CA – Project Engineer City of Jurupa Valley, Flashing Yellow Arrow Signal Modifications at 10 Intersections, Jurupa Valley, CA – Project Manager City of Jurupa Valley, Pedley Road at Jurupa Road Intersection Improvements, Jurupa Valley, CA – Project Manager City of Industry, On-Call Traffic Engineering Services, Industry, CA – Project Manager City of Eastvale, Systemic Safety Analysis Report, Eastvale, CA – Project Engineer City of Santa Clarita, ITS Phases II through VII Projects, Santa Clarita, CA – Project Engineer City of Agoura Hills, On-Call Traffic Engineering Services, Agoura Hills, CA – Project Engineer OCTA, Traffic Signal Synchronization Master Plan, Orange County, CA – Project Engineer City of Newport Beach, East Coast Highway Signal Rehabilitation Project, Newport Beach, CA – Project Manager Professional Credentials
Bachelor of Science, Civil Engineering,
Specialization in Transportation,
University of California, Irvine
Professional Engineer in
California #65218
Institute of Transportation
Engineers (ITE), Member
Orange County Traffic Engineering
Council (OCTEC), Member
Jason Melchor, P.E.
Traffic Signal Plans (PS&E); Bidding/Construction
Support
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 22
Frank has more than 37 years of diverse experience in civil design and construction management. Project types include private, local, state, and federal working with roadway design and improvement, utility design, water resources, drainage design, airport construction, private and commercial development, and more. His responsibilities include project management, work plan preparation, cost estimating, contractor selection, scheduling and oversight, design specification development, resource allocation, technical and final report preparation and review, quality control (QC/QA), trouble-shooting, negotiation/approval of field changes, and client relations.
Relevant Experience
City of Cathedral City, Professional Engineering Services for Date Palm Drive and Varner Road HSIP Safety Improvements (HSIP Project), Cathedral City, CA – Project Manager
City of Palm Springs, On-Call Civil Engineering Services, Palm Springs, CA – Project Manager City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – Project Engineer City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – Project Engineer
City of Beaumont, I-10/Pennsylvania Avenue Widening, Beaumont, CA – Lead Roadway Engineer City of Ontario (Lewis Group), Ontario Ranch Road Widening Project, Ontario, CA – Project Manager County of Riverside, I-10 Bypass PA&ED, Riverside, CA – QC/QA Reviewer SANDAG, Mid-Coast Light Rail Transit project - 100% Final Design Phase, San Diego, CA – Civil Project Manager City of Perris, Patterson Avenue and Webster Avenue Widening, Perris, CA – Lead Roadway Engineer City of Barstow, Replacement of North 1st Avenue Bridge, Barstow, CA – Senior Roadway Engineer City of Corona, McKinley Street Grade Separation, Corona, CA – Lead Roadway Engineer Western Riverside County Council of Governments (WRCOG), On-Call, Riverside, CA – Project Engineer County of Riverside, Van Buren Road Widening, Riverside County, CA – Lead Roadway Engineer Jamul Indian Village, SR 94 Campo Road Widening, Jamul, CA – Lead Roadway Engineer LA Metro, SR 138 Corridor PA&ED, North Los Angeles County, CA – Deputy Project Manager Riverside County, Mission Boulevard Bridge Replacement, Riverside County, CA – QC/QA Reviewer Maricopa County DOT, 7th Street Widening, Maricopa County, AZ – Project Manager Riverside Transit Authority, Design of the Promenade Mall Mobility Hub, Temecula, CA; Riverside County, CA – QC/QA Reviewer City of Santa Monica, Expo Phase II Bike Path, Santa Monica, CA – Project Manager SANDAG, Bus on Shoulder (BOS) BRT Demonstration, San Diego, CA – QC/QA Reviewer City of Agoura Hills, Agoura Road Widening Project (Complete Streets), Agoura Hills, CA – Lead Roadway Engineer City of Calabasas, Mulholland Highway Master Plan, Calabasas, CA – Lead Roadway Engineer City of San Diego, I-5/Genesee Avenue Interchange PA&ED, PS&E and Construction Phase Services (CPS), San Diego, CA – QC/QA Reviewer
Caltrans District 11, I-5 North Coast PA&ED and PS&E, San Diego, CA – Senior Roadway Engineer Caltrans District 11, Voigt Drive/I-5 North Coast Corridor (NCC) Improvements (PS&E), San Diego, CA – QC/QA Reviewer City of Agoura Hills, US 101 and Palo Comado Canyon Road PA&ED, Agoura Hills, CA – QC/QA Reviewer Professional Credentials
Bachelor of Science, Civil Engineering,
Fachhochschule Rheinland-Pfalz
Professional Engineer in
California #61839
American Society of Civil
Engineers (ASCE), Member
Frank Hoffmann, P.E.
ADA Compliant Ramp Design Task Lead;
Bidding/Construction Support
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 23
Robert has more than four years of experience in ITS planning and design. He has worked on projects including traffic signal design, signal retiming projects, TMC design, and communication networks.
Additionally, Robert has experience working for the City of San Jose’s Department of Transportation managing traffic signal operations, maintaining traffic operation devices, and completion of the City’s TMC.
Relevant Experience
City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA – Project Analyst City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA – Project Analyst
City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA – Project Analyst
AC Transit, East Bay Bus Rapid Transit Signal Timing, Oakland, CA – Project Analyst City of San Jose, 2018-19 TFCA Signal Retiming, San Jose, CA – Project Analyst City of Lincoln, ITS Master Plan, Lincoln, CA – Project Analyst City of Sacramento, Downtown Traffic Signal Upgrade, Sacramento, CA – Project Analyst City of Sunnyvale, El Camino Real Traffic Signal Feasibility, Sunnyvale, CA – Project Analyst City of South San Francisco, Adaptive Traffic Control System, South San Francisco, CA – Project Analyst City of Hayward, High-Speed Fiber Optic Network Installation Project, Hayward, CA – Project Analyst Port of Oakland, GoPort FITS: Freight Intelligent Transportation System, Oakland, CA – Project Analyst City of Stockton, ITS Master Plan, Stockton, CA – Project Analyst Professional Credentials
Master of Science, Water Resources,
San Jose State University
Bachelor of Science, Civil and
Environmental Engineering, California
State University, Sacramento
Traffic Engineer in California #TR2919
Robert Westall, T.E.
Traffic Signal Timing Task Lead
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 24
Lissette has more than 20 years of comprehensive experience in project management and analysis, funding management, grant administration, and community outreach programs. She is experienced in issues impacting City governments and contract administration. Lissette is the Vice-President and CFO of Avant-Garde. She has experience in identifying federal and state fund allocation balances, programming funds, and administers long-and-short range programs consistent with the economic capabilities of the City. Lissette directs the Program Management team to ensure that projects are developed in accordance with policy and procedural requirements, assists in determining eligible projects for various funding sources, and manages development and capital improvement programs/projects from conception to completion. Lissette has assisted various agencies in performing a variety of analyses and studies to identify state and federal funding options; performed time-critical and confidential studies related to fiscal and administrative requirements of grant programs; assisted in the grants solicitation process; planned and coordinated the implementation of awarded grants to ensure that the City was in compliance with applicable laws and regulations, and monitored and audited grant expenses. Under her direction, Avant-Garde has successfully monitored federal and state funding for municipal agencies throughout Southern California and written grants to secure over $483.1 million in funding for government agencies.
Relevant Experience
City of Bell Gardens, HSIP Cycle 8, Bell Gardens, CA – Funding Manager City of Commerce, HSIP Cycle 7, Commerce, CA – Funding Manager City of Lynwood, HSIP Cycle 5, Lynwood, CA – Funding Manager City of Manhattan Beach, HSIP Cycle 5, Manhattan Beach, CA – Funding Manager City of Monterey Park, HSIP Cycle 9, Monterey Park, CA – Funding Manager City of South El Monte, HSIP Cycle 9, South El Monte, CA – Funding Manager City of Industry, SR 57/SR 60 Confluence, Industry, CA – Project/Funding Manager City of Industry, Local Highway Bridge Program, Industry, CA – Project/Funding Manager City of Industry, Lemon Avenue Interchange, Industry, CA – Project/Funding Manager City of La Mirada, Alondra/Valley View Improvements, La Mirada, CA – Project/Funding Manager City of Temple City, Rosemead Boulevard Beautification and Enhancements, Temple City, CA – Funding Manage Caltrans Local Assistance Process for various projects and various agencies including: South El Monte, Alhambra, Bell Gardens, Carson, Culver City, Commerce, El Monte, La Canada Flintridge, Lynwood, Manhattan Beach, Montebello, Monterey Park, Norwalk, Rosemead, Temple City, West Covina, and Ventura Professional Credentials
Master of Arts, Business
Administration, California State
Polytechnic University, Pomona
Bachelor of Science, Business
Management, California State
Polytechnic University, Pomona
Lissette Montoya
Funding Administration
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 25
Keith has over three years of experience in administrative and municipal program services and contract administration. As a Program Coordinator, Leith’s main responsibilities include fund administration, grant research and writing, community outreach support, and program management services. He has worked in conjunction with the project managers of the company and served as a liaison to provide support on various projects. Keith assists clients by identifying federal and state fund allocation balances, assisting in determining eligible projects, and providing advisement of program requirements. He is experienced in issues impacting City governments and has developed experience in contract administration. His responsibilities have included interfacing with federal, state, and local agencies to define, develop, and manage project scopes, schedules, cooperative agreements, and overall project management to ensure projects are delivered on time and on schedule. Keith has experience in preparing documents in accordance with the Local Assistance Procedures Manual for federally funded projects. He assists with processing documentation for projects to obtain Caltrans authorizations and reimbursement requests.
Relevant Experience
City of South El Monte, Signal Modifications at Various Intersections HSIP Cycle 7, South El Monte, CA – Funding Manager City of Bell Gardens, Citywide Safety Improvements ATP, Bell Gardens, CA – Funding Manager City of Bell Gardens, HSIP Cycle 8 Various Improvements ATP, Bell Gardens, CA – Funding Manager City of Industry, Azusa Bridge Repainting, Industry, CA – Funding Manager City of Alhambra, HSIP Cycle 9 Improvements, Alhambra, CA – Funding Manager City of El Monte, Santa Anita Avenue Active Transportation CIP, El Monte, CA – Funding Manager City of South El Monte, Signal Modifications at Various Intersections HSIP Cycle 7, South El Monte, CA – Funding Manager City of Couth El Monte, HSIP Cycle 9 Improvements, South El Monte, CA – Funding Manager City of Rosemead, Santa Anita/Fern/Elliot Street Improvement and Traffic Signal, Rosemead, CA – Funding Manager City of Montebello, Montebello Way Traffic Signal Improvement HSIP, Montebello, CA – Funding Manager Caltrans Local Assistance Process for various projects and various agencies including: South El Monte, Alhambra, Bell Gardens, Carson, Culver City, Commerce, El Monte, Industry, La Canada Flintridge, La Mirada, Lynwood, Manhattan Beach, Montebello, Monterey Park, Norwalk, Placentia, Pico Rivera, Rosemead, Santa Monica, Temple City, West Covina, and Ventura Professional Credentials
Master of Arts, Business
Administration, Azusa
Pacific University
Bachelor of Arts, Business
Management, Azusa Pacific University
Keith LeNoue
Funding Administration
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 26
Section 4: Company Qualifications
Kimley-Horn’s Qualifications
Firm Profile
Kimley-Horn is a full-service engineering, planning, and environmental consulting firm with 109 nationwide offices employing over 6,600 staff members who provide a comprehensive range of services to public and private clients across the nation.
We were founded by experts in traffic engineering and transportation planning, and these disciplines continue to be at the cornerstone of our practice. Our range of services covers urban and regional transportation planning, traffic signal warrant studies, traffic signal systems design and implementation, signal coordination and timing, traffic impact analyses, and grant funding and administration.
Because traffic engineering and transportation planning have been mainstays of Kimley-Horn’s practice for 55 years, the City can be assured that we have the experienced professionals and resources to meet the project’s needs. We have provided a wide range of traffic engineering consulting services to government agencies throughout California and the United States.
As a recognized nationwide leader in engineering consulting services, Kimley-Horn’s professionals understand the complexities of an HSIP project and can develop informed solutions tailored to your specific needs. We have an extensive history of completing similar traffic signal network upgrade projects successfully, on time, and within budget. Our technical qualifications and strengths cover a wide variety of project types and requirements that will be utilized as determined at each project site. Some of our principal practice areas include:
Traffic Signals/Traffic Control Devices
Signal design and construction is one of the cornerstones of Kimley-Horn’s professional practice. Over the past five decades, we have developed signal designs for thousands of intersections for state departments of transportation and municipalities nationwide. Our experience in advanced traffic management projects include citywide signal system designs, transportation control centers, electronic toll facilities and revenue control systems, and innovative transit and public transportation systems. Each of our systems is designed not only to address current needs, but also to accommodate future growth and advances in technology. We have been responsible for virtually every aspect of traffic systems including PS&E packages, conceptual designs, operational feasibility, communication architecture, system design, software development, and deployment and implementation plans.
ADA Compliance
Kimley-Horn engineers are on the forefront of implementation of the Americans with Disabilities Act (ADA), helping municipalities upgrade aging infrastructure to meet applicable ADA standards and ordinances. Our expertise ranges from curb ramp and sidewalk design to pedestrian-dedicated paths and walkways. Kimley-Horn understands how to implement improvements that benefit our clients as well as the general public.
Caltrans Experience
As mentioned in the RFP, the City has received funding grants through the Caltrans Call for Projects for the Federal Highway Safety Improvement Program HSIP Cycle 10 (030). Kimley-Horn has completed numerous HSIP projects ranging from signal intersections to multiple intersection corridors. We understand that being familiar with the coordination and approval process is the key to timely completion of these projects.
®
®
Traffic Engineering
ADA Compliance
Roadway and
Intersection Improvements
Caltrans Experience
Signing and Pavement Markings
Bidding and
Construction Support
FULL- SERVICE CONSULTING
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 27
Roadway and Intersection Improvements
A roadway intersection is a dynamic element in your transportation infrastructure. The efficiency of intersection operation maximizes the efficiency of the entire roadway system. Every intersection has a unique combination of features—roadway layout, signal equipment, and mix and volume of vehicles, pedestrians, and bicycles. As a result, every intersection requires careful study to develop and apply safe, efficient, and flexible design.
Our in-house staff understands all aspects of roadway design, including intersection geometrics, utility relocations, traffic control, signalizations, signing and marking, and erosion control, allowing us to be an efficient and coordinated partner to the City.
Signing and Pavement Markings
As a component to roadway design and traffic engineering, Kimley-Horn has prepared numerous signing and pavement marking plans for various projects. These projects include studies of extensive signing and pavement marking plans for urban and rural roadway projects.
Our goal is to successfully maintain the safety of pedestrians and vehicular traffic. In addition, Kimley-Horn has the capabilities to prepare these plans in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and Caltrans Design Standards.
Bidding and Construction Support
Kimley-Horn routinely serves clients during construction phases of their projects, providing bidding and construction support services to make sure our clients’ projects are successful throughout. We can assist in preparing and distributing bid documents for the City, review contractor bids, and prepare bid tabulation and contractor recommendations. Although our aim is to prepare a plan set that can stand by itself, we will respond to contractor requests for information and clarification in a timely manner. Our experience with construction contract administration has made our traffic and transportation designs more cost-effective and practical and gives us the ability to problem-solve in the field during construction.
Proposal to
Provide Design Services
for Traffic Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 28
Relevant Project Experience
Kimley-Horn has experience performing similar signalized intersection work for public agencies throughout Southern California. Below is a matrix that summarizes our team’s extensive experience. Following this table, we have selected key projects to showcase Kimley-Horn’s successful track record.
PROJECTSProject ManagementBackground ResearchField Check/Data CollectionUtility CoordinationEnvironmental AnalysisRight-of-WayTraffic Signal Design – PS&ESignal TimingContractor CoordinationLAPMBiddingConstruction Support Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits (HSIP), Monterey Park 4 4 4 4 4 4 4 4 4 4 4 4 Traffic Signal Improvements (HSIP), Palm Springs, CA 4 4 4 4 4 4 4 4 4 4 4 4 Signal Upgrade and Left Turn Phasing Project (HSIP), Culver City, CA 4 4 4 4 4 4 4 4 4 4 4 Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP), San Bernardino, CA 4 4 4 4 4 4 4 4 Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP), West Hollywood, CA 4 4 4 4 4 4 4 4 4 4 4 4 Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP), Downey, CA 4 4 4 4 4 4 4 4 4 4 4 Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement Project (HSIP), Santa Clarita, CA 4 4 4 4 4 4 4 4 4 4 4 4 Caltrans On-Call Electrical Engineering Services, Various, CA 4 4 4 4 4 Glassell Street Traffic Engineering Services (HSIP), Orange, CA 4 4 4 4 4 4 4 4 RSA/RSSA, Moreno Valley, CA 4 4
Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA 4 4 4 4 4 4 4 4 Final Design Services for Traffic Signal Improvements along Studebaker Road (HSIP), Norwalk, CA 4 4 4 4 4 4 4 4 4 4 4 4 Design Services for Traffic Signal Improvements along Alondra Boulevard (HSIP), Norwalk, CA 4 4 4 4 4 4 4 4 4 4 4 4 Traffic Signal Synchronization Project, Coachella Valley, CA 4 4 4 4 4 4 Seven Traffic Signals and Flashing Yellow Arrow Signal Modifications Project, Rancho Cucamonga, CA 4 4 4 4 4 4 4 4 Traffic Signal Improvements (135 Intersections), Burbank, CA 4 4 4 4 4 4 4 4 4 On-Call Traffic and Transportation Services, Corona, CA 4 4 4 4 4 4 4 4 4 On-Call Traffic Engineering Services, Agoura Hills, CA 4 4 4 4 4 4 4 4 4 Rancho Road Sidewalks and Bike Lanes (HSIP), Thousand Oaks, CA 4 4 4 4 4 4 4 4 4 4 4 4 Woodruff Avenue Traffic Signal Synchronization Project, Los Angeles County, CA 4 4 4 4 4 4 4 4 Traffic Signal System Design Select List (200 traffic signal upgrades), Los Angeles County, CA 4 4 4 4 4 Smart Corridor-San Fernando Road, Glendale, CA 4 4 4 4 4 4 4 On-Call Traffic Signal Design Services (25 Intersections), Palmdale, CA 4 4 4 4 4 4 4 On-Call Traffic Engineering Services, Industry, CA 4 4 4 4 4 4 4 San Fernando Road Improvements, Santa Clarita, CA 4 4 4 4 4 4 4 4 4 On-Call Engineering Services, South El Monte, CA 4 4 4 4 4 4 4 4 4 Harbor Scenic Drive and Harbor Plaza Intersection Improvements, Port of Long Beach, CA 4 4 4 4 4 4 4 4 4 4 4 SSARP for Varied Roadways, Imperial County, CA 4
Traffic Signal Design at 75 Locations, Glendale, CA 4 4 4 4 4 4 4 4 Traffic Engineering Services On-Call, Chino, CA 4 4 4 4 4 4 4 4 As-Needed Traffic Engineering Services, Los Angeles, CA 4 4 4 4 4 4 4 4 Traffic Signal Upgrades, Arcadia, CA 4 4 4 4 4 4 4 4
12. CONTRACTOR CAPABILITY AND REFERENCES
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 29
City of South El Monte, Design Services for Traffic Signal Improvements at Various Signalized Intersections (HSIP Project), South El Monte, CA
Kimley-Horn is working with the City of South El Monte to improve the safety and operability of 11 signalized intersections throughout the City. The City compiled collision data history and guidance from the Caltrans Local Roadway Safety Manual (LRSM) to develop two countermeasures: improve signal hardware and install pedestrian countdown signal heads. Our team is working with the City to evaluate each project site to determine the upgrades and improvements needed and provide preliminary environmental studies, PS&E, bidding and construction support, and record drawings as-builts. Kimley-Horn is partnered with Avant-Garde, who is responsible for coordinating all grant administration work and Caltrans coordination needed to complete this project in a timely and cost-efficient manner.
City of Monterey Park, Various Signalized Intersections along Garfield Avenue Between the Northern and Southern City Limits (HSIP Project), Monterey Park, CA
Kimley-Horn is working with the City of Monterey Park to make safety improvements at nine intersections along Garfield Avenue. The intersections have not been upgraded for more than 20 years and the insufficient visibility of traffic signal equipment required upgrading all 8” vehicle heads to 12” vehicle heads, installing retroreflective borders on the backplates of each vehicle head, and installing countdown pedestrian signal heads. Kimley-Horn also partnered with Avant-Garde to complete the Preliminary Environmental Study (PES) and Caltrans coordination for the project.
City of Palm Springs, Traffic Signal Improvements (HSIP Project), Palm Springs, CA Kimley-Horn is assisting the City of Palm Springs with upgrading traffic signal equipment at nine intersections to improve motorist and pedestrian and bicyclist safety. The City completed a citywide roadway safety analysis and ranked all intersections on collision frequency and severity of collisions. The crash data analysis and field observations indicated that signal hardware upgrades could improve conditions related to injury crashes involving motorists, bicycles, and pedestrians. The nine project intersections were identified based on a high number
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 30
of unsafe speeding vehicles, traffic signals and signs, and automobile right-of-way related collisions. Kimley-Horn’s services include the installation of Advanced Dilemma Zone Detection (ADZD), implementing a protected left-turn phase, and the upgrade of pedestrian signal heads and push buttons (PPBs). In addition, Kimley-Horn is upgrading the ADA curb ramps to improve pedestrian safety where ADA compliant ramps are currently not present. This project also includes the implementation of new traffic signal timing plans to improve traffic operations and safety throughout the day. The project controllers have Intelight MAXTIME software and are controlled by a MAXVIEW central system.
Kimley-Horn is providing civil, traffic, and environmental services which includes environmental PES and California Environmental Quality Act/ National Environmental Policy Act (CEQA/NEPA) documents.
City of Culver City, Signal Upgrade and Left Turn Phasing (HSIP Project), Culver City, CA Kimley-Horn was selected by the City of Culver City to provide designs for 12 signalized intersections in the City. Duties include field review and survey, utility research, ADA curb ramp design, and the preparation of construction drawings for traffic signal modification design and the installation of left-turn phasing at the intersections.
City of San Bernardino, Upgrade of Various Signal Hardware on 224 Signalized Intersections on Various Arterials (HSIP Project), San Bernardino, CA
Through Caltrans’ HSIP Cycle 9 funding, the City of San Bernardino received funding to upgrade various signal hardware for 224 signalized intersections throughout the City. Proposed improvements at the 224 project intersections included upgrades to signal hardware components, including traffic signal heads, push buttons, and pedestrian signal heads. Most of the traffic signal hardware at the study intersections was installed decades ago and required equipment upgrades to bring signal hardware component operations up to date to meet minimum ADA and CA MUTCD requirements. Kimley-Horn provided PS&E services and assisted the City in updating outdated and damaged traffic signal hardware, installing new hardware where necessary, and improving safety by implementing or replacing traffic signal head components, pedestrian signal heads, and pedestrian push buttons. Kimley-Horn is providing civil, traffic, and environmental services which includes an environmental PES and CEQA/NEPA documents.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 31
City of West Hollywood, Civil Engineering Design Services for Sunset/Santa Monica Fiber Loop (HSIP Project), West Hollywood, CA
The City of West Hollywood developed a Smart City Strategic Plan by implementing cutting edge technology to ultimately improve traffic flow, reduce congestion, and improve safety. The plan identifies several phases for implementation. Kimley-Horn is providing services upgrading the City’s existing Twisted Wire Pair (TWP) copper interconnect to fiber-optic, connecting to the existing system to form a loop, and establishing communication hubs and redundant networks.
City of Downey, Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System (HSIP Project), Downey, CA
This project involves the extension of an existing communication system, which will interconnect the traffic signals along Paramount Boulevard in Downey including all other field devices to be installed along this corridor. The existing communications system consists of a fiber-optic network of communication hubs and signalized intersections all communicating using IP over Ethernet. This solution made the City of Downey the first city in Southern California to deploy a fully operational Ethernet communications system. The communications network essentially consists of a ring topology of field hubs and the Traffic Management Center (TMC)—and star topology of signalized intersections. Services performed include the installation of fiber and video detection on Paramount Boulevard from Telegraph Road to Gardendale Street.
City of Santa Clarita, Wiley Canyon Road at Orchard Village Road and Newhall Avenue at Railroad Avenue Intersection Improvement (HSIP Project), Santa Clarita, CA Kimley-Horn prepared construction documents including street improvements, median improvements, traffic signal modification, and signing and striping plans. Kimley-Horn assisted the City in extending the existing turn pocket length and installing a protected left phase at Wiley Canyon Road and Orchard Village Road. Kimley-Horn also assisted in design of a bulb-out and new medians at Newhall Avenue and Railroad Avenue to provide more refuge to pedestrians. Both intersections required modification of the existing landscaping, irrigation, and traffic signal.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 32
Avant-Garde’s Qualifications
Firm Profile
Avant-Garde has built a strong reputation for providing innovative and successful solutions for a number of public agencies including the cities of South El Monte, Temple City, Industry, Pico Rivera, La Mirada, La Puente, Montebello, Maywood, Bell Gardens, Alhambra, Rosemead, San Gabriel, Monterey Park, Covina, El Monte, and West Covina as well as Los Angeles Department of Water and Power, Los Angeles Department of Transporation, and LA Metro.
Avant-Garde’s years of practice have resulted in a solid foundation of experience and technical excellence as well as a dedication to integrity, excellence, and quality. Their services include:
• Grant Writing and Administration
• Program Management
• Funding Administration
• Compliance Management including Labor Compliance
• Construction Coordination (bid development, analysis, etc.) • Community Outreach
Avant-Garde has successfully provided fund administration and compliance management for over 18 years. Their understanding of federal and state requirements, funding administration, and the complex diversity of Southern California makes Avant-Garde uniquely qualified to deliver reports and documents to see projects through from inception to conclusion or termination and administer federal, state, and regional required submittals and reporting.
Avant-Garde has intimate knowledge of the City’s processes due to the funding administration, grant writing, community outreach, and labor compliance services they have provided the City since 2016. The firm has assisted the City with the processes required pursuant to Caltrans LAPM funding administration procedures. Avant-Garde has completed and is continuing to work on several Caltrans and Metro submittals within various stages including LRSP funded projects, Metro Proposition C funded projects, and HSIP funded projects.
Relevant Project Experience
City of South El Monte, HSIP Cycle 7 Santa Anita Avenue Intersection Improvements, South El Monte, CA An HSIP funded project consisting of installation of new traffic signals and traffic signal upgrades at the intersections of Santa Anita Avenue and Klingerman Street, Rush Street, and Central Avenue. Avant-Garde provided funding administration services, including existing records review and project initiation with the City; obtaining environmental and right-of-way clearances; preparing Requests for Authorization for PE and CON; preparing the Caltrans submittal for award; and preparing reimbursement submittals and the Final Report of Expenditures.
City of Bell Gardens, HSIP Cycle 8 Various Intersection Improvements, Bell Gardens, CA An HSIP funded project consisting of installation of protected-permissive left-turn phases and signal heads on new poles at the intersections of Eastern Avenue/Lubec Street and Garfield Avenue/Loveland Street. Avant-Garde provided funding administration services, including existing records review and project initiation with the City; obtaining environmental and right-of-way clearances; preparing Requests for Authorization for PE and CON; preparing the Caltrans submittal for award; and preparing reimbursement submittals and the Final Report of Expenditures.
City of Bell Gardens, Citywide Safety Enhancements, Bell Gardens, CA An ATP funded project consisting of installation of pedestrian countdown signal heads, ADA compliant access ramps, bicycle route signage and shared lane markings and bike video detection. Avant-Garde provided funding administration services, including existing records review and project initiation with the City; processing allocation requests with the CTC and/or Caltrans for environmental clearance and construction; preparing the Caltrans submittal for award; submitting quarterly reporting via CalSmart; and preparing reimbursement submittals and the Final Report of Expenditures.
City of Montebello, Montebello Boulevard Bike Lane and Sidewalk Improvements, Montebello, CA An ATP funded project consisting of installation of Class II bike lanes, sidewalk, ADA compliant access ramps, pedestrian lighting, traffic signal improvements, signage, striping and markings, and bus shelters. Avant-Garde provided funding administration services, including existing records review and project initiation with the City; processing allocation requests with the CTC and/or Caltrans for environmental clearance and construction; preparing the Caltrans submittal for award; submitting quarterly reporting via CalSmart; and preparing reimbursement submittals and the Final Report of Expenditures.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 33
Section 5 : References
Our clients know that with Kimley-Horn, they experience better. How do we know this? They consistently tell us we deliver remarkable results and we’re great people to work with—and we live for that. We are proud of our working relationships with our clients and much of our success over the last 55 years is directly related to our efforts to provide consistent, high-quality, and timely services. As trusted advisors, our firm works diligently on behalf of our clients’ needs. We encourage you to contact the clients listed below regarding our team’s work history and quality of service.
City of Palm Springs, Engineering Division
U Francisco Jaime, Associate Civil Engineer
760.323.8253 ext. 8750
? 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262
[email protected]
City of Culver City, Public Works Department
U Andrew Maximous, Mobility and Traffic Engineering Manager
310.253.5628
? 9770 Culver Boulevard, Culver City, CA 90232
[email protected]
City of San Bernardino, Public Works Department
U Azzam Jabsheh, Traffic Engineer
909.384.7251
? 201 North E Street, Second Floor, San Bernardino, CA 92401
[email protected]
City of Downey, Public Works Department
U Edwin Norris, Deputy Public Works Director
562.904.7246
? 11111 Brookshire Avenue, Downey, CA 90241
[email protected]
City of Santa Clarita, Public Works Department
U Cesar Romo, Traffic Signal Administrator
661.286.4002
? 23920 Valencia Boulevard, Suite 300, Valencia, CA 91355
[email protected]
“Jean truly provides the combination of a handson approach, attention to detail, and client service needed to deliver a successful project. I would
highly recommend Kimley-Horn and specifically
Jean Fares for future traffic engineering projects.”
– Andrew Maximous, Culver City
“Their work has always been completed and provided in the utmost professional manner within budget and schedule. The City of Downey has been very satisfied with Kimley-Horn’s responsiveness and would not hesitate to hire this firm again.” – Edwin Norris, City of Downey
“The City has three to four firms under our On-Call
contract. I give Kimley-Horn the majority of the work. I consider Kimley-Horn as an augmentation of my staff.”
– Cesar Romo, City of Santa Clarita
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 34
Section 6: City’s Standard Professional Services Agreement Kimley-Horn has reviewed the sample Professional Services Agreement and requests the following modifications:
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, […]. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants maintains 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. […].
5.2 General Insurance Requirements.
(c) Primary/noncontributing. Coverage provided by Consultant, with the exception of professional liability, worker’s compensation and employer’s liability, shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. […].
(m) Pass through clause. Consultant agrees to ensure require that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance cover and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring so that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and other engaged in the project will be submitted to City for review.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this […]. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the 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 for all services rendered prior to the effective date of the notice of termination. 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.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 35
Section 7: Addenda Acknowledgement
Kimley-Horn acknowledges receipt of Addendum No. 1, dated November 14, 2022, and agree with the terms and conditions laid out in the released addenda.
Proposal to
Provide Design Services
for Traffi c Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 36
Section 8: Required Attachments
We have provided the following forms in this section, as requested by the City’s RFP:
• Attachment A: Affidavit of Non-Collusion
• Attachment B: Claims History
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.
N/A - None for default
N/A - None for default
N/A - None
N/A - None
See attached litigation statement
N/A - None
N/A - None
N/A - None
Jean B. Fares, Sr. Vice President
Kimley-Horn and Associates, Inc.
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn’s General Counsel, Richard Cook, at 919.677.2058.
Legal proceedings in California within the last ten (10) years are as follows:
29Twenty Maintenance Association v Van Daele Development, et al; Los Angeles County, Superior Court of the State of California; Case No 19STCV13496; filed 2019; alleged economic loss; settled; closed 2020 Air Wing, LLC v. One Piper Ranch, LLC v. Cross-Complainants: San Diego County Superior Court; Case No. 37-2014-00009315; filed 2016; alleged economic loss; Kimley-Horn dismissed; closed 2017.
Farhad Abad, individually and for the Estate of Mahin Ashki-Abad; et al v. US Foods, et.al.; Alameda County Superior Court; Case RG17856272; filed 2017; traffic accident, wrongful death claim; settled; closed 2019.
Rickey Fraley, Eileen Fraley v Live Nation Worldwide, Inc., et al: San Bernardino County Superior Court; Case No. CIVDS 1707090; filed 2017; wrongful death claim; Kimley-Horn dismissed; closed 2017.
Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Case # CVRI2103878; Superior Court of California, County of Riverside; filed 2021; personal injuries; pending Nancy Graham v. City of Santa Cruz, et al: Santa Cruz County Superior Court; Case No. 16CV02729; filed 2017; bicycle accident, personal injuries; settled; closed 2018.
Davis S. Lindley, et al v. City of Los Angeles, et al: Los Angeles County Superior Court, Central District; Case No. BC576886; filed 2015; wrongful death claim; settled; closed 2016.
Michelle Mobbs, et al v Walden Environment, et al: Riverside Co Central Superior Court; Case RIC 1300161; filed 2012; served 2014; personal injury related to traffic accident; Kimley-Horn dismissed 2015.
Santa Monica Malibu Unified School District v Killefer Flammang Architects, et al: Superior Court California County of Los Angeles West District; Case SC115579; filed 2012; property damage; settled; closed 2013.
Brenda Sherriffs v. Kimley-Horn and Associates, Inc., et al: Santa Cruz County Superior Court; Case No. 16CV00335; filed 2016; bicycle accident, personal injuries; settled; closed 2019 Kimberly Lynn Wright and Ty Juan Montanez v City of Concord; et al; Superior Court of California, County of Contra Costa; Case No. MSC20-01067; filed 2020; served 2022; traffic accident, wrongful death claimed; pending
NOT APPLICABLE
Contact
Jean Fares, P.E.
[email protected]
660 South Figueroa Street Suite 2050
Los Angeles, CA 90017
213.354.9402
www.kimley-horn.com
Fee Proposal for
Design Services
for HSIPL-5352(021)
Traffic Signal Improvements at Lee Avenue & Garvey
Avenue and Durfee Avenue & Peck Road
ATTACHMENT C
Proposal to
Provide Design Services
for Traffic Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road City of South El Monte TRED96039.2022 1
Cover Letter
November 22, 2022
Rene Salas
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
RE: Fee Proposal to Provide Design Services for Traffic Signal Improvements at Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road, HSIP Cycle 10 Improvements, HSIPL-5352(021) Dear Ms. Salas and Members of the Selection Committee:
As instructed by the City of South El Monte (City), we have provided our fee, including staff hours, hourly rates, and our subconsultant cost on the following pages.
We welcome the opportunity to discuss our rates with the City and are flexible to adjustments and refinements as necessary to better accommodate your needs. We thank you for your consideration. Should you have any questions or need any additional information, please do not hesitate to contact me at 213.354.9402, [email protected], or the address listed above with any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC
Jean Fares, P.E.*
Project Manager/Senior Vice President
⬗ 660 South Figueroa Street
Suite 2050
Los Angeles, CA
90017
TEL 213.261.4040
*As Senior Vice President, Jean Fares, P.E. is authorized by Kimley-Horn to represent the firm and negotiate agreement terms and compensation.
194.54% Overhead% Name
Jean
Fares
Kevin
Aguigui
194.38% Overhead% w/o FCCM Category/Title Project Manager QC/QA 10% Fee% Direct Rate $113.38 $124.04 $68.62 $50.01 $42.95 $35.47 Billing Rate $367.33 $401.86 $222.31 $162.02 $139.15 $114.91 Task 1 18 12 13 2 45 $ 10,594.89Task 2 5 10 10 25 $ 5,021.01Task 3 2 2 20 40 2 66 $ 10,574.58Task 4 6 15 25 45 91 $ 18,544.11
4.1 2 5 10 25 42 $ 7,842.894.2 2 5 10 15 32 $ 6,451.414.3 2 5 5 5 17 $ 4,249.814.4
4.1.14.1.2 Task 5 11 2 13 2 28 $ 6,523.98
5.1 2 2 26 $ 1,457.585.2 2 24 $ 508.135.3 5 5 10 $ 2,532.375.4 2 24 $ 1,012.955.5 2 24 $ 1,012.95 Task 6 02 5 7 $ 1,499.47Task 7 0 2 5 5 12 $ 2,611.04
37 26 7 67 131 6 274
$ 13,591.07 $ 10,448.42 $ 1,556.20 $ 10,855.43 $ 18,228.46 $ 689.49 $ 55,369.07 $ 6,857.38
$ 1,107.38
$ 4,750.00
$ 300.00$ 200.00$ 500.00
$ 62,226.45
Outside Printing
TOTAL COST:
Fed Ex/CourierLabor EscalationAvant-Garde, Inc. (see attached breakdown)Travel/Mileage Preliminary EngineeringPrepare Record Drawings (As-Builts)LAPM Forms for CEQA and ROW CertificationBidding and Construction SupportCaltrans LAPM Forms for PSE Certification and E-76 Construction Allocation for ConstructionPlans, Specifications & Estimate (PS&E)Other Direct CostsPrepare Project Addenda (assume 2)Pre-Construction Meetings, Job Walks & Job Site Meetings (5)Prepare Traffic Signal Timing Charts
TOTAL HOURS
Subtotal Labor:
Kimley-Horn and Associates, Inc.
Total
Hours Total Cost
Project ManagementUtility Coordination
Project
Support
Response to RFI's During AdvertisementResponse and Approvals to Contractor Submittals100% PS&EResponse to Contractor RFI's about Plans and Specs
TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVENUE & GARVEY AVENUE AND DURFEE AVENUE & PECK ROAD HSIP CYCLE 10 PROJECT-HSIPL-5352(021)
CITY OF SOUTH EL MONTE
Professional I Analyst Sr. Professional II
90% PS&E60% PS&E
Name Lissette Montoya Keith LeNoue
Category/Title Program Director Program Manager
Billing Rate $130 $75
Task 1Task 2 Task 3Task 4 10 46 56 $ 4,750
4.14.24.34.4 4.4.1 8 26 34 $ 2,990
4.4.2 2 20 22 $ 1,760
Task 5Task 6Task 7
10 46 56
$1,300 $3,450 $ 4,750
$ ‐
TOTAL COST: $ 4,750
Other Direct Costs
TOTAL HOURS
Subtotal Labor:
Prepare Traffic Signal Timing ChartsPrepare Record Drawings (As-Builts)Caltrans LAPM Forms for PSE Certification and E-76 Construction Authorization LAPM Forms for CEQA and ROW CertificationAllocation for Construction Bidding and Construction SupportPlans, Specifications & Estimate (PS&E)60% PS&E90% PS&E100% PS&EPreliminary EngineeringUtility CoordinationProject Management
CITY OF SOUTH EL MONTE
TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVENUE & GARVEY AVENUE AND DURFEE AVENUE & PECK ROAD HSIP CYCLE 10 PROJECT‐HSIPL‐5352(021)
Advanced Avant-Garde
Corporation
Total
Hours Total Costs
01257.0001/577811.2
ATTACHMENT D
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
KIMLEY-HORN AND ASSOCIATES, INC
01257.0001/695512.1 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
KIMLEY-HORN AND ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 10th day of January, 2023 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (“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
01257.0001/695512.1 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.
01257.0001/695512.1 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 Sixty Two Thousand Two Hundred Twenty Six Dollars and Forty Five Cents ($62,226.45) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
01257.0001/695512.1 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.
01257.0001/695512.1 5
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 2 years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of 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:
Jean Fares, PE Project Manager/Sr. Vice President
01257.0001/695512.1 6
(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 Rene Salas or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees
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of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
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.
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(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 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.
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(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(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.
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(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 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’
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reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years
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following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 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.
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(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (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
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notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 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.
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This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the 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
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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 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
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and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Ave, South El Monte, CA 91733 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.
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
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“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 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]
01257.0001/695512.1 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:
KIMLEY-HORN AND ASSOCIATES, INC.
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.
01257.0001/695512.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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.
01257.0001/695512.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 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.
01257.0001/695512.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
01257.0001/695512.1 A-2
01257.0001/695512.1 A-3
01257.0001/695512.1 A-4
01257.0001/695512.1 A-5
01257.0001/695512.1 A-6
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
01257.0001/695512.1 A-7
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Not applicable.
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:
01257.0001/695512.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
01257.0001/695512.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
01257.0001/695512.1 C-2
01257.0001/695512.1 C-3
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.
Not applicable.
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.
01257.0001/695512.1 C-4
EXHIBIT “C-1”
See Exhibit C for billing rates.
01257.0001/695512.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
01257.0001/695512.1 D-2
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Task 1, by September 1, 2023
B. Task 2, by April 14, 2023
C. Task 3, by April 14, 2023
D. Task 4, by August 18, 2023
E. Task 5, to be provided throughout construction (as needed), no deadline is established
F. Task 6, to be determined after construction is completed, no deadline is established G. Task 7, by August 18, 2023
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.f.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-09, APPROVING FIRST AMENDMENT TO THE
CONTRACT SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC. TO PROVIDE PUBLIC OUTREACH
SERVICES FOR CIVIC CENTER AND
INTERJURISDICTIONAL BICYCLE LANES PROJECT
SUMMARY: The project includes installation of bicycle and pedestrian mobility improvements along Santa Anita Avenue and Tyler Avenue. The project is currently in the preliminary/concept design phase, and staff seeks City Council approval of a First Amendment to the Contract Services Agreement with Transtech Engineers to provide public outreach services for the Civic Center and Interjurisdictional Bicycle Lanes Project.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-09, approving First Amendment to the Contract Services Agreement with Transtech Engineers, Inc. to provide Public Outreach Services for the Civic Center and Interjurisdictional Bicycle Lanes Project in the amount of $82,742.
2. Authorize Interim City Manager or designee to negotiate and execute the agreement.
FISCAL/FINANCIAL IMPACT: The City received $5,671,500 in Measure M MSP funds and $484,905 in CMAQ funds from LACMTA (METRO) for the proposed project. There is a required local match for this project for the construction phase in the amount of $128,999. Local Match will be funded from Prop P Local Return funds. The project will be funded from the following funding sources, as previously adopted:
LACMTA Measure M MSP $5,671,500
LACMTA CMAQ $484,905
Prop P Local Return (Required Local Match)$128,999
Total Budget $6,285,404
The requested public outreach services will be funded through Measure M MSP funds, within the total budget identified above and it is 100% reimbursable.
DISCUSSION: The project includes installation of bicycle and pedestrian mobility improvements including installation of a combination of protected bike lanes (Class IVcycle track) and bike path (Class ll), center medians, continuous ADA pedestrian path of travel including sidewalks, curb ramps, driveways, street furniture (bus shelter, bike racks, trash bins, etc.), bike and pedestrian signage, roadway rehabilitation, striping and related improvements.
The project is located along Santa Anita Avenue and Tyler Avenue in the City of South El Monte, in the San Gabriel Valley area. The project limits are Santa Anita Avenue from Merced Avenue/Fawcett Avenue to Tyler Avenue; and Tyler Avenue from Santa Anita Avenue to Klingerman Street. Total project length is approximately 1.4 miles.
In April 2016, the City received funding from Metro (LACMTA) in the amount of $484,905 (plus a required City local match of $128,999) for the Civic Center and Interjurisdictional Bicycle Lanes project.
In May 2019, the City received additional Measure M Multi-Year Subregional funds totaling $5,671,500 for the Santa Anita Avenue Walkability Project. Staff submitted a request to LACMTA to combine these two funding awards into one project focusing on Santa Anita Avenue and Tyler Avenue combining pedestrian and bicycle facility improvements into one project.
In July 2019, the LACMTA board approved City’s request to combine both funds totaling $6,285,404 toward the Civic Center and Interjurisdictional Bicycle Lanes project for Santa Anita Avenue/Tyler Avenue.
In April 2020, the City and LACMTA executed the funding agreement for the Civic Center and Interjurisdictional Bicycle Lanes project for Santa Anita Avenue/Tyler Avenue.
In June 2021, the City issued two separate Request-for-Proposals (RFP) to Provide Design Phase Engineering Services and Program Management/Construction Management Services for the Project.
In September 2021, the City Council awarded contract services agreements to CR Associates for Design Phase Engineering Services, and Transtech Engineers for Program Management/Construction Management Services for the project.
In November 2022, the project was presented at the Traffic Commission meeting.
Pursuant to the Traffic Commission meeting, staff determined a need to conduct further public outreach for the proposed improvements on the corridor to seek community feedback.
Transtech Engineers, Inc., under its current agreement with the City to provide Program Management and Construction Management Services was requested by staff to submit a proposal for the additional public outreach services for the project. Transtech, through its subconsultant ActiveSGV, proposed to provide the public outreach services for the project. ActiveSGV has been an active partner in the San Gabriel Valley to promote
complete streets elements including pedestrian and bicycle mobility. ActiveSGV has provided similar services to many projects in the San Gabriel Valley region.
The proposed services include 1 community workshop, 2 community bike rides, 2 community walking tours, 4 pop-up meetings, coordination of public surveys, distribution of communication materials related to the projects, project website, community presentations and related public outreach activities. The proposed services are anticipated to be completed within 9 months. The cost for the subject services is $82,742, and is within total project budget.
Staff recommends City Council adopt Resolution No. 23-09, approving Amendment 1 to the Contract Services Agreement with Transtech Engineers, Inc. to provide Public Outreach Services for Civic Center and Interjurisdictional Bicycle Lanes Project in the amount of $82,742.
ATTACHMENT(S):
A. Resolution No. 23-09
B. Amendment No. 1
ATTACHMENT A
RESOLUTION NO. 23-09
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO THE CONTRACT
SERVICES AGREEMENT WITH TRANSTECH ENGINEERS,
INC. TO PROVIDE PUBLIC OUTREACH SERVICES FOR
CIVIC CENTER AND INTERJURISDICTIONAL BICYCLE
LANES PROJECT
WHEREAS, in September 2021, the City Council awarded contract services agreement to Transtech Engineers, Inc. for Program Management/Construction Management Services for the Civic Center and Interjurisdictional Bicycle Lanes Project; and WHEREAS, in November 2022, the project was presented at the Traffic Commission meeting. Pursuant to the Traffic Commission meeting, staff determined a need to conduct further public outreach for the proposed improvements on the corridor to seek community feedback; and WHEREAS, Transtech Engineers, Inc., through its subconsultant ActiveSGV, will provide the public outreach services for the project. ActiveSGV has been an active partner in the San Gabriel Valley to promote complete streets elements including pedestrian and bicycle mobility. ActiveSGV has provided similar services to many projects in the San Gabriel Valley region.
WHEREAS, the proposed services include 1 community workshop, 2 community bike rides, 2 community walking tours, 4 pop up meetings, coordination of public surveys, distribution of communication materials related to the projects, project website, community presentations and related public outreach activities. The proposed services are anticipated to be completed within 9 months. The cost for the subject services is $82,742, and is within total project budget.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are true and correct and incorporated by reference.
SECTION 2: The City Council hereby approves Amendment No. 1 to the Contract Services Agreement with Transtech Engineers, Inc. to provide Public Outreach Services for the Civic Center and Interjurisdictional Bicycle Lanes Project, and increase Contract Sum by a not to exceed figure of $82,742.
SECTION 3: The City Council hereby authorizes the Interim City Manager to execute the Amendment No. 1. The City Attorney may amend the agreement as to form. The Council further directs the Interim City Manager to take all actions necessary to effectuate the agreement.
SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 24th day of January, 2023. _____________________________
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, hereby certifies that the foregoing Resolution being Resolution No. 23-09, 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 24th day of January 2023, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
ATTACHMENT B
FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE AND TRANSTECH ENGINEERS, INC. FOR CIVIC CENTER
AND INTERJURISDICTIONAL BICYCLE LANES PROJECT
This FIRST AMENDMENT TO ORIGINAL CONTRACT is dated as of 24st day of January, 2023 (the “Effective Date”), by and between the City of South El Monte, a California, a municipal corporation (“City”), located at 1415 Santa Anita Avenue, South El Monte CA 91733 and Transtech Engineers, Inc., a corporation (“Consultant”), located at 13367 Benson Avenue, Chino, CA 91710 (collectively, the “Parties”).
WHEREAS the Parties entered into a Agreement for Contract Services on 28th day of September, 2021 (the “Original Contract”).
WHEREAS the Parties herby agree to extend the scope of services of the Original Contract and increase Contract Sum in accordance with the terms of the Original Contract as well as the terms provided herein.
In consideration of mutual covenants contained herein each City of South El Monte and Transtech Engineers, Inc. mutually covenant and agree as follows:
1. The parties agree to amend Section 1.1 Scope of Services by incorporating the attached Exhibit A to the agreement.
2. The parties agree to amend Section 2.1 Contract Sum by $82,742, and incorporate the attached Exhibit B to the agreement.
3. The parties agree to amend Section 3.2. Schedule of Performance by incorporating the attached Exhibit C to the agreement.
4. This Amendment binds and benefits both parties and any successors or assigns. This document, including the attached Original Contract, is the entire agreement between both parties.
All other terms and conditions of the Original Contract remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY: CONTRACTOR:
CITY OF SOUTH EL MONTE, TRANSTECH ENGINEERS, INC.,
a municipal corporation a California corporation
By: ___________________________ By: __________________________ Rene Salas, Interim City Manager Ahmad Ansari, PE, Principal By: __________________________
Okan Demirci, PE, Project Manager
EXHIBIT “A”
SCOPE OF SERVICES
1. Consultant will perform the following additional Services:
EXHIBIT “B”
SCHEDULE OF COMPENSATION
1. Consultant shall perform the following additional tasks at the following rates:
EXHIBIT “C”
SCHEDULE OF PERFORMANCE
1. Consultant shall perform all additional services timely in accordance with the following schedule:
City Council Agenda Report
Agenda Item No. 7.g.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-10, APPROVING AMENDMENT NO. 11 TO AGREEMENT
SUBAWARD NUMBER ENP202110 WITH THE COUNTY OF
LOS ANGELES FOR THE ELDERLY NUTRITION PROGRAM
SERVICES
SUMMARY: On June 14, 2022, a one-year agreement between the County of Los Angeles through its Department of Workforce Development, Aging and Community Services (the “County”) and the City of South El Monte (the “City”) was entered into to assist with the funding for the City’s Elderly Nutrition Program Services (the “Agreement”) for Fiscal Year 2022-2023. This Amendment will increase the allocated baseline funding from $484,000.00 to $494,865.00 resulting in an increase of $10,865.00 for Fiscal Year (FY) 2022-23 only for the purchase of approved equipment items that will be used for the provision of the Elderly Nutrition Program (ENP).
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 23-10, approving Amendment No. 11 to extend existing agreement Subaward Number ENP202110 with the County of Los Angeles; and
2. Authorize Interim City Manager, or designee, to execute the agreement.
FISCAL/FINANCIAL IMPACT: Amendment No. 11 will allocate an amount not-to-exceed $494,865.00 for FY 2022-23 only. This will include $10,895.00 from the Home and Community Based Services (HCBS) Nutrition Infrastructure (NI).
DISCUSSION: The City has provided lunch meals to seniors over the age of 60 and disabled individuals through the Congregate Meals Program and Home-Delivered Meals Program (collectively “Programs”) for more than 20 years. The Elderly Nutrition Program is administered under the guidelines of the Federal Older Americans Act, which offers meals that meet USDA dietary guidelines and are offered at the Senior Center and to home-bound individuals. Although the Programs do not require participants to pay for meals, a donation ranging between $1.75 – $3.00 per meal is appreciated.
The County contributes to the City’s Elderly Nutrition Program Services, which offers lunch meals to seniors and provides an important opportunity for social contact and targets seniors most in need. The Congregate Meals Program serves meals in a group setting at the South El Monte Senior Center and meals are coordinated with other social services such as transportation, educational presentations, health screenings, and recreation and wellness programs. This valuable program not only delivers a daily nutritious meal, but also serves as a mechanism to check up on the client, thereby providing an additional safety inspection and furthering the ability for him or her to continue to age in place.
On October 13, 2020, the City Council approved an amendment (“Amendment No. 1”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $79,000.00, to increase the baseline funding from $209,000.00 to $288,000.00 during Fiscal Year 2020-21 only.
On October 27, 2020, the City Council approved an amendment (“Amendment No. 2”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $21,000.00, to increase the baseline funding from $288,000.00 to $309,000.00 during Fiscal Year 2020-21 only.
On November 2020, the City council approved an amendment (“Amendment No. 3”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $95,000.00, to increase the baseline funding from $309,000.00 to $404,000.00 during Fiscal Year 2020-21 only.
On March 23, 2021, the City Council approved an amendment (“Amendment No. 4”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding in the amount of $65,000.00, increasing the baseline funding from $404,000.00 to $469,000.00 during FY 2020-21 only.
On June 22, 2021, the City Council approved amendment (“Amendment No.5”) to the Agreement to allocate Older Americans Act (OAA) baseline funding in the amount of $216,000.00 for the Elderly Nutrition Program during FY 2021-22 only. On September 14, 2021, the City Council approved amendment (“Amendment No.6”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding in the amount of $57,033, increasing the baseline funding from $216,000.00 to $273,033.00 during FY 2021-22 only.
On October 26, 2021, the City Council approved amendment (“Amendment No. 7”) to the Agreement to extend the use of Families First Coronavirus Response Act (FFCRA) funds from September 30, 2021 to December 31, 2021; and extend the use of California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding from September 30, 2021 through June 30, 2022.
On February 22, 2022, the City Council approved amendment (“Amendment No. 8”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding in the amount of $76,000.00 to increase the baseline funding from $273,033.00 to $349,033.00 for the Elderly Nutrition Program during FY 2021-22 only.
On April 26, 2022, the City Council approved amendment (“Amendment No. 9”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding and a transfer of baseline funding from Older Americans Act (OAA) Title III C2 to Title III C-1 in the amount of $35,000.00, increasing the baseline funding from $349,033.00 to $384,033.00 during FY 2021-22 only.
On June 14, 2022, the City Council approved amendment (“Amendment No. 10”) to the Agreement to allocate Older Americans Act (OAA) baseline funding in the amount of $308,000.00 and American Rescue Plan Act (ARPA) funding in the amount of $176,000.00 during FY 2022-23 only.
The Amendment No. 11 would do the following: (1) allocate Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) baseline funding in the amount of $10,895.00 during FY 2022-23 only, which shall be reimbursed to the City in exchange for providing defined and contracted ENP Title III C-1 and C-2 Services to be provided by the City during FY 2022-23; (2) provide funding for the purchase of approved equipment items (Hot Food Table, Mobile Heated Cabinet & Reach-in Refrigerator) that will be used for the provision of the Elderly Nutrition Program.
Staff report prepared by Andres Gonzalez, Senior Services Supervisor
ATTACHMENT(S):
A. Resolution No. 23-10
B. ENP Allocation Letter
C. Amendment No. 11
ATTACHMENT A
RESOLUTION NO. 23-10
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL APPROVING AMENDMENT NO. 11 TO THE
COUNTY OF LOS ANGELES COMMUNITY AND SENIOR
SERVICES AGREEMENT FOR THE ELDERLY NUTRITION
PROGRAM SERVICES FOR FISCAL YEAR 2022-2023
WHEREAS, on June 23, 2020, the City Council approved an elderly nutrition program agreement with the County of Los Angeles through its Department of Workforce Development, Aging and Community and Senior Services (“County”) for County funding of the City of South El Monte’s Elderly Nutrition Program (“Agreement”). The Agreement was for a one-year term commencing July 1, 2020 through June 30, 2021; and
WHEREAS, on October 13, 2020, the City Council approved an amendment (“Amendment No. 1”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $79,000.00, to increase the baseline funding from $209,000.00 to $288,000.00 during Fiscal Year 2020-21 only; and WHEREAS, on October 27, 2020, the City Council approved an amendment (“Amendment No. 2”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $21,000.00, to increase the baseline funding from $288,000.00 to $309,000.00 during Fiscal Year 2020-21 only; and WHEREAS, on November 10, 2020, the City Council approved an amendment (“Amendment No. 3”) to the Agreement to allocate Supplemental Federal Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $95,000.00, to increase the baseline funding from $309,000.00 to $404,000.00 during Fiscal Year 2020-21 only; and WHEREAS, on March 23, 2021, the City Council approved an amendment (“Amendment No. 4”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding in the amount of $65,000.00, to increase the baseline funding from $404,000.00 to $469,000.00 during fiscal year 2020-21 only; and
WHEREAS, on June 22, 2021, the City Council approved amendment (“Amendment No. 5”) to the Agreement to allocate Older Americans Act (“OAA”) baseline funding in the amount of $216,000.00 for the Elderly Nutrition Program during FY 2021-22 only; and WHEREAS, on September 14, 2021, the City Council approved amendment (“Amendment No. 6”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding in the amount of $57,033.00, to increase the baseline funding from $216,000.00 to $273,033.00 during fiscal year 2021-22 only; and
WHEREAS, on October 26, 2021, the City Council approved amendment (“Amendment No. 7”) to the Agreement extend the use of Families First Coronavirus Response Act (FFCRA) funds from September 30, 2021 through December 31, 2021; and extend the use of California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding from September 30, 2021 through June 30, 2022; and
WHEREAS, on February 22, 2022, the City Council approved amendment (“Amendment No. 8”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding in the amount of $76,000, to increase the baseline funding from $273,033.00 to $349,033.00 during fiscal year 2021-22 only; and WHEREAS, on April 26, 2022, the City approved amendment (“Amendment No. 9”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding and a transfer of baseline funding from Older Americans Act (OAA) Title III C2 to Title III C-1 in the amount of $35,000.00, to increase the baseline funding from $349,033.00 to $384,033.00 during fiscal year 2021-22 only; and WHEREAS, on June 14, 2022, the City approved amendment (“Amendment No. 10”) to the Agreement to allocate Older Americans Act (OAA) baseline funding in the amount of $308,000.00 and American Rescue Plan Act (ARPA) funding in the amount of $176,000.00 for the Elderly Nutrition Program during FY 2022-23 only; and WHEREAS, the City and County determined that an amendment (“Amendment No. 11”) to the Agreement is necessary to the Agreement to allocate Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) baseline funding in the amount of $10,895.00 for the Elderly Nutrition Program during FY 2022-23 only; and WHEREAS, the City Council now desires to approve Amendment No. 11 to the Agreement to: (1) allocate Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) funding in the amount of $10,895.00 during FY 2022-23 only, which shall be reimbursed to the City in exchange for additional defined and contracted ENP Title III C-1 and C-2 Services to be provided by the City during FY 2022-23; (2) provide funding for the purchase of approved equipment items (Hot Food Table, Mobile Heated Cabinet & Reach-in Refrigerator) that will be used for the provision of the Elderly Nutrition Program; and (3) provide for the other changes set forth in Amendment No. 11, which is attached to the staff report accompanying this Resolution as Attachment C.
THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The above recitals, and each of them, are true and correct.
SECTION 2: The City Council hereby authorizes and directs the Interim City Manager or their designee to execute Amendment No. 11 in substantially the form attached as Attachment C to the January 24, 2023 staff report accompanying this Resolution; and which is subject to approval by the City Attorney’s Office. The Council further directs the Interim City Manager or their designee to take all actions necessary to effectuate Amendment No. 11.
SECTION 3: The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 24th day of January, 2023.
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. 23-10 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 24th day of January, 2023 and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donna G. Schwartz, City Clerk
BOARD OF SUPERVISORS
Hilda L. Solis
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger
EXECUTIVE LEADERSHIP
Dr. Laura Trejo
Director
Lorenza C. Sánchez
Chief Deputy
Jose R. Perez
Administrative Deputy II
Anna Avdalyan
Assistant Director
GET IN TOUCH
510 S. Vermont Avenue
Los Angeles, CA 90020
ad.lacounty.gov
[email protected]
Aging & Adult Information &
Assistance Line:
(800) 510-2020
Report Elder Abuse:
(877) 477-3646
Community & Senior Centers:
(800) 689-8514
Disability Information &
Access Line:
(888) 677-1199
January 11, 2023
City of South El Monte
Attention: Ms. Rachel Barbosa
1415 North Santa Anita Avenue
South El Monte, CA 91733
FISCAL YEAR 2022-23 HOME AND COMMUNITY BASED
SERVICES (HCBS) NUTRITION INFRASTRUCTURE
FUNDING ALLOCATION FOR ELDERLY NUTRITION
PROGRAM SERVICES
Dear Ms. Barbosa:
County of Los Angeles Aging and Disabilities Department (County) intends to amend City of South El Monte’s
(Subrecipient’s) Elderly Nutrition Program (ENP) Subaward.
The Subaward Amendment information is outlined below
• Purpose: Subrecipient shall utilize Home and
Community Based Services (HCBS) Nutrition
Infrastructure (NI) funding for the purchase of approved equipment item(s) that will be used for the provision of ENP Services.
• Subaward Number: ENP202110
• Amendment Number: Eleven
• Subaward Term: July 1, 2022 through June 30, 2023
• Service Area: Supervisorial District 1
• Total Funding Allocation: $10,865
• Period Funds Available for Use (subject to execution of Amendment): October 1, 2022 through June 30, 2023
ATTACHMENT B
FY 2022-23 HCBS NI Funding Allocation
Elderly Nutrition Program
City of South El Monte
• Funding Source(s) and Service Category(ies) are as follows:
Funding
Source
Program
Services
Equipment
Description Quantity
Approved
Purchase
Amount
Allocation
Amount
HCBS NI Congregate
Meals
Heated Cabinet 1 $3,735
Hot Food Table 1 $1,900 $10,865
Refrigerator 1 $5,230
HCBS NI Funding $10,865
Original Baseline and Federal ARPA Funding
(Refer to FY 2022-23 Original Baseline and Federal ARPA Funding $484,000 Allocation Letter)
Subaward Sum Year 3 (SSY3)
$494,865 (HCBS NI, Original Baseline and Federal ARPA Funding) 1 Complete one (1) budget and one (1) MPS for Allocation Amount.
Equipment must be purchased/ordered no later than June 30, 2023, and delivery of the item(s) must be received no later than December 31, 2023. Please note that HCBS NI funding will not be reflected in the GetCare system. As such, a manual invoice must be used to bill for the purchase(s). The manual invoice is forthcoming and will be provided to you at a later date.
If you have any questions, please contact Bernardo Franco of my staff by phone or email as follows: (323) 449-5802 or [email protected].
Thank you.
Carol Domingo
Carol Domingo, Program Manager
Contracts Management Division
ELDERLY NUTRITION PROGRAM (ENP)
SUBAWARD NUMBER ENP202110
SUBAWARD PERIOD JULY 2020 – JUNE 2023
AMENDMENT ELEVEN
This Amendment is made and entered into by and between
COUNTY OF LOS ANGELES THROUGH ITS
AGING AND DISABILITIES DEPARTMENT
(“County” or “AD”)
County’s Business Address
510 South Vermont Avenue, 11th Floor
Los Angeles, CA 90020
and
CITY OF SOUTH EL MONTE
(“Contractor” or “Subrecipient”)
Subrecipient’s Business Address
1415 North Santa Anita Avenue
South El Monte, CA 91733
WHEREAS, reference is made to that certain document originally entitled “Elderly Nutrition Program (ENP) Subaward Number ENP202110 Subaward Period July 2020 – June 2021” dated July 1, 2020, which is renamed as “Elderly Nutrition Program (ENP) Subaward Number ENP202110 Subaward Period July 2020 – June 2023”, and the Amendments thereto (hereafter collectively referred to as “Contract” or “Subaward”); and WHEREAS, the parties hereto have previously entered into the above referenced Subaward for the purpose of providing Elderly Nutrition Program (ENP) Services, which include serving congregate meals and home-delivered meals as well as conducting telephone reassurance to the older adult population in Los Angeles County (excluding the City of Los Angeles); and
WHEREAS, County and Subrecipient recognize and agree that specific terms (including, but not limited to, Contract, Subaward, Contractor, Subrecipient, Subcontract, Lower Tier Subaward, Subcontractor and Lower Tier Subrecipient) are used interchangeably throughout this Amendment in order to comply with Federal, State, and County regulations; and
WHEREAS, it is the intent of the parties to amend this Subaward to allocate Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) funding in the amount of
ATTACHMENT C
Elderly Nutrition Program
Subaward Number ENP202110
Amendment Eleven Page 2
$10,865, which will be reimbursed to Subrecipient in exchange for Subrecipient’s purchase of approved equipment item(s) that will be used for the provision of ENP Services; and WHEREAS, it is the intent of the parties to also amend this Subaward to provide for the other changes set forth herein; and
WHEREAS, the Subaward provides that changes to its terms may be made in the form of a written Amendment, which is formally approved and executed by the parties.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. This Amendment will commence upon execution by all parties.
II. Subparagraph 5.1.5 is deleted and replaced as follows:
5.1.5 Subaward Sum Year 3 Funding Source(s)
5.1.5.1 The Subaward Sum Year 3 for this Subaward is comprised of monies which are identified by the funding source(s) or governing statute(s) listed below. The funding source(s) and governing statute(s) authorize County to use these monies to provide Program Services.
5.1.5.2 Older Americans Act (OAA) Title III B (Supportive Services and Senior Centers) original baseline funds
5.1.5.2.1 Subaward Sum: $1,000
5.1.5.2.2 Service Area: Supervisorial District 1
5.1.5.2.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
5.1.5.2.4 Allocation Letter: Fiscal Year 2022-23 Baseline and Federal American Rescue Plan Act Funding
Allocation for Elderly Nutrition Program Services
5.1.5.3 OAA Title III C-1 (Nutrition Services) original baseline funds
5.1.5.3.1 Subaward Sum: $286,000
5.1.5.3.2 Service Area: Supervisorial District 1
5.1.5.3.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
Elderly Nutrition Program
Subaward Number ENP202110
Amendment Eleven Page 3
5.1.5.3.4 Allocation Letter: Fiscal Year 2022-23 Baseline and Federal American Rescue Plan Act Funding
Allocation for Elderly Nutrition Program Services
5.1.5.4 OAA Title III C-2 (Nutrition Services) original baseline funds
5.1.5.4.1 Subaward Sum: $21,000
5.1.5.4.2 Service Area: Supervisorial District 1
5.1.5.4.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
5.1.5.4.4 Allocation Letter: Fiscal Year 2022-23 Baseline and Federal American Rescue Plan Act Funding
Allocation for Elderly Nutrition Program Services
5.1.5.5 Federal ARPA Funds for ENP Congregate Meal Services
5.1.5.5.1 Subaward Sum: $164,000
5.1.5.5.2 Service Area: Supervisorial District 1
5.1.5.5.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
5.1.5.5.4 Allocation Letter: Fiscal Year 2022-23 Baseline and Federal American Rescue Plan Act Funding
Allocation for Elderly Nutrition Program Services
5.1.5.6 Federal ARPA Funds for ENP Home-Delivered Meal Services
5.1.5.6.1 Subaward Sum: $12,000
5.1.5.6.2 Service Area: Supervisorial District 1
5.1.5.6.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
5.1.5.6.4 Allocation Letter: Fiscal Year 2022-23 Baseline and Federal American Rescue Plan Act Funding
Allocation for Elderly Nutrition Program Services
Elderly Nutrition Program
Subaward Number ENP202110
Amendment Eleven Page 4
5.1.5.7 Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) funds
5.1.5.7.1 Subaward Sum: $10,865
5.1.5.7.2 Service Area: Supervisorial District 1
5.1.5.7.3 Period of Performance: October 1, 2022 – June 30, 2023 (consistent with California Department
of Aging contract number NI-2223-19)
5.1.5.7.4 Allocation Letter: Fiscal Year 2022-23 Home and Community Based Services Nutrition
Infrastructure Funding Allocation for Elderly
Nutrition Program Services
III. Subparagraph 5.10.3 is deleted in its entirety and replaced as follows:
5.10.3 Subrecipient’s Unique Entity Identification Number: J84DTEUPPQF8 IV. Subparagraph 5.10.7 is deleted in its entirety and replaced as follows:
5.10.7 Amount of Federal Funds Obligated by this Action:
5.10.7.1 Original Subaward: $209,000
5.10.7.2 Amendment One: $79,000
5.10.7.2.1 Federal CARES Act funds: $15,000
5.10.7.2.2 CDA CARES Act funds: $64,000
5.10.7.3 Amendment Two: $21,000
5.10.7.4 Amendment Three: $95,000
5.10.7.5 Amendment Four: $65,000
5.10.7.6 Amendment Five: $516,000
5.10.7.7 Amendment Six: $57,033
5.10.7.8 Amendment Seven: $0
5.10.7.9 Amendment Eight: $76,000
Elderly Nutrition Program
Subaward Number ENP202110
Amendment Eleven Page 5
5.10.7.10 Amendment Nine: $35,000
5.10.7.11 Amendment Ten: $484,000
5.10.7.11.1 Baseline Funds: $308,000
5.10.7.11.2 Federal ARPA Funds: $176,000
5.10.7.12 Amendment Eleven: $10,865
V. Subparagraph 5.10.8 is deleted in its entirety and replaced as follows:
5.10.8 Total Amount of Federal Funds Obligated to Subrecipient (Subaward Sum):
5.10.8.1 Subaward Sum Year 1: $469,000
5.10.8.2 Subaward Sum Year 2: $384,033
5.10.8.3 Subaward Sum Year 3: $494,865
VI. Subparagraph 5.10.9 is deleted in its entirety and replaced as follows:
5.10.9 Total Amount of Federal Award (Maximum Subaward Sum): $1,290,865 (FY 2020-21 Reallocation funds excluded)
VII. “Exhibit Q (Accounting, Administration and Reporting Requirements) is deleted in its entirety and replaced with the attached “Exhibit Q (Accounting, Administration and Reporting Requirements)”, which is incorporated herein by reference.
VIII. “Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, NonFixed Assets and Supplies)” is deleted in its entirety and replaced with the attached “Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, NonFixed Assets and Supplies)”, which is incorporated herein by reference.
IX. “Exhibit W1 (Budget) Amendment 11 {FY 2022-23 HCBS NI Funding}” is added, is and addendum to “Exhibit W1 (Budget)”, and is incorporated herein by reference.
X. “Exhibit X1 (Mandated Program Services) Amendment 11 {FY 2022-23 HCBS NI Funding}” is added, is an addendum to “Exhibit X1 (Mandated Program Services)”, and is incorporated herein by reference.
XI. The "Fiscal Year 2022-23 Home and Community Based Services Nutrition Infrastructure Funding Allocation for Elderly Nutrition Program Services” funding allocation letter is incorporated herein by reference.
Elderly Nutrition Program
Subaward Number ENP202110
Amendment Eleven Page 6
All other terms and conditions of the Subaward will remain in full force and effect. //
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IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Amendment Eleven to be subscribed on its behalf by the Director of Aging and Disabilities Department, and the Subrecipient has subscribed the same through its Authorized Representative. The Authorized Representative(s) signing on behalf of Subrecipient warrants under penalty of perjury that he or she is authorized to bind Subrecipient.
COUNTY OF LOS ANGELES
By
Dr. Laura Trejo, Director Date
County of Los Angeles
Aging and Disabilities Department
SUBRECIPIENT
City of South El Monte
Subrecipient’s Legal Name
ENP202110
Subaward Number
By
Name of Authorized Date
Representative
Title
Approved as to Form:
Signature
OFFICE OF COUNTY COUNSEL
Dawyn R. Harrison, Acting County Counsel
By
Name of Authorized Representative Date
By
Lawrence M. Green
Senior Deputy County Counsel
Title
Signature
City Council Agenda Report
Agenda Item No. 7.h.
DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Anthony R. Taylor, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-11, PROCLAIMING A LOCAL EMERGENCY PERSISTS
AND AUTHORIZING THE USE OF REMOTE
TELECONFERENCE MEETING PROCEDURES BY THE
CITY'S LEGISLATIVE BODIES AS AUTHORIZED BY
GOVERNMENT CODE SECTION 54953(e) ET SEQ. FOR THE
PERIOD OF JANUARY 24, 2023 THROUGH FEBRUARY 15,
2023
SUMMARY: On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021. Pursuant to AB 361, staff recommends consideration of Resolution No. 23-11 proclaiming a local emergency persists and authorizing the use of remote meeting procedures by the City’s legislative bodies, which can include meetings held via a virtual platform (e.g. Zoom), for the period of January 24, 2023 through February 15, 2023.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-11, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s legislative bodies, such as utilizing a virtual platform (e.g. Zoom) for the period from January 24, 2023 through February 15, 2023.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: In March 2020, at the onset of the COVID-19 pandemic, Governor Newsom proclaimed a State of Emergency in California, and issued Executive Order N25-20 to facilitate the ability of legislative bodies to meet using virtual platforms to comply with health orders. Since that time, several other Executive Orders have been issued that further modified the requirements related to the conduct of teleconference meetings and the right of public participation during the State of Emergency. The Executive Orders collectively operated to remove certain requirements for teleconference meetings, including that each teleconference location be accessible to the public, and that members of the public be able to address the legislative body at each teleconference location.