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.
Not applicable.
01257. 0001/ 743426. 3 ANAVAII ALWY C- 2
EXHIBIT " D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
TASK Deadline
Task A Project Management 12/ 15/ 2024
Task B Construction Bid 5/ 1 / 2022
Package
Task C Community 12/ 30/ 2023
Engagement
Task D Construction 3/ 15/ 2024
Monitoring &
Technical Services
Task E Water Quality & Urban 12/ 15/ 2024
Heat Island ( UHI)
Monitoring
II. Consultant shall deliver the following tangible work products to the City by the following dates.
Deliverable dates will be communicated and decided between the City and the Consultant.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3. 2.
01257. 000U743426. 3ANAVAII ALWY D- 1
EXHIBIT " E"
GRANT AGREEMENT
01257. 0001/ 743426. 3ANAVAII ALWY E- 1
DocuSign Envelope ID: 15BF8EF7- EDD3- 4EA9- B40E- ADA2C953A1 FB Sg
7/ 19/ 2021
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
W 7/ 19/ 2021
GRANTEE NAME: City of South El Monte
PROJECT TITLE: Merced Avenue Greenway Project
AUTHORITY: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018
PROGRAM: Green Infrastructure Grant Program — Proposition 68 AGREEMENT NUMBER: G86513- 0
TERM OF LAND TENURE: 25 years from date of project completion as evidenced by Project Certification Form PROJECT PERFORMANCE PERIOD IS: 07/ 01/ 2021 to 12/ 31/ 2024 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope set forth in Exhibit A and any subsequent amendments, and the State of California, acting through the Natural Resources Agency pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, agrees to fund the project up to the total grant amount indicated.
PROJECT DESCRIPTION:
See project description on page 1 and Exhibit A of the Agreement Total State Grant not to exceed $ 3, 000, 000. 00 ( or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement.
CITY OF SOUTH EL MONTE
Rachel Barbosa
Title City Manager
Date
7/ 20/ 2021
STATE OF CALIFORNIA
NATURAL RESOURCES AGENCY
By A 5d
Andrea Scharffer
Title Deputy Assistant Secretary, Bonds and Grants
7/ 20/ 2021
Date
CFRTIFICATInN nF FliNnmr.
AMOUNT OF ESTIMATE
AGREEMENT NUMBER FUND
FUNDING
6088 - California Drought, Water, Parks,
3, 000, 000. 00 G86513- 0 Climate, Coastal Protection, and Outdoor Access for All Fund of 2018
ADJ. INCREASING
FISCAL PO NUMBER
ENCUMBRANCE
0780
ADJ. DECREASING
FUNCTION
ENCUMBRANCE
Local Assistance
UNENCUMBERED BALANCE REF NUMBER FUND
ENACTMENT
YEAR
ACCOUNT NUMBER ALT ACCOUNT
101 608800002 2018 5432000 5432000000
PROGRAM PCBU PROJECT ACTIVITY
RPTG
SVCLOC
AGENCY BUDGET
STRUCTURE USE PERIOD
0320 0540 0540G865130 31865 05400001 31865 B7545 2019
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance 7/ 27/ 2021
SIGNATURE OF ACCOUNTING OFFICER DATE
DocuSign Envelope ID: 15BF8EF7- EDD3- 4EA9- B40E- ADA2C953A1 FB Agreement No. G86513- 0
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Grantee Name: City of South El Monte
Project Title: Merced Avenue Greenway Project
Agreement Number: G86513- 0
Authority: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018
Program: Green Infrastructure Grant Program — Proposition 68
PROJECT DESCRIPTION
Project to install several LID BMPs along a 0. 65- mile- long stretch of Merced Avenue in South El Monte, including bioretention basins, vegetated swales, rain cisterns, permeable pavers, and planting 130 new trees.
A detailed Project Scope and activities, project schedule and Project Budget are described and attached hereto as Exhibit A.
Grant Funds are to be used for multibenefit green infrastructure investments in or benefiting disadvantaged or severely disadvantaged communities in accordance with the provisions contained in the Green Infrastructure Grant Program and this Agreement.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the Application Guidelines. Size, location and number of signs shall be approved by the State. Required signage must be in place before Grant Funds for construction will be released.
2. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low-water, drought -resistant vegetation will be used in the Project. If the plant palette includes non -natives, provide justification for review and approval by the State. All plantings will be no greater than fifteen gallons. Approval of said plans is a condition precedent to the State' s obligation to make any construction funding available pursuant to this Agreement. The approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope of work as described in Exhibit A and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in accordance with applicable laws or any other standards ordinarily applied to such work or activity.
3. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received Funds under this Agreement in order to assist Grantee in developing the real property and that, in
DocuSign Envelope ID: 15BF8EF7- EDD3- 4EA9- B40E- ADA2C953A1 FB Agreement No. G86513- 0
consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.
rf 4. Grantee has agreed to use labor provided in part by either the California Conservation Corps CCC) and/ or the California Association of Local Conservation Corps ( CALCC). If use of these services is deemed no longer feasible or practical by mutual consent between the corps and grantee, a new corps consultation form shall be provided to the State releasing the Grantee of its obligation.
General Provisions
A. Definitions
1. The term " Act" means Proposition 68, California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018.
2. The term " Agreement' means this Grant Agreement.
3. The term " Application" means the individual application form, its required attachments for grants pursuant to the enabling legislation and/ or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award.
4. The term " Application Guidelines" means the Green Infrastructure Grant Program Grant Guidelines and Application.
5. The term " Development' means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.
6. The term " Fair Market Value" means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services ( DGS).
7. The term " Grant' or " Grant Funds" means the money provided by the State to the Grantee in this Agreement.
8. The term " Grant Agreement' means a contractual arrangement between the State and grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the grantee.
9. The term " Grantee" means an applicant who has a signed agreement for Grant Funds.
10. The term " Interpretation" means visitor -serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.
11. The term " Other Sources of Funds" means cash or in -kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.
12. The term " Payment Request Form" means Form RA212.
13. The term " Project' means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds.
14. The term " Project Budget' means the State approved cost estimate included as an Exhibit to this Agreement.
DocuSign Envelope ID: 15BF8EF7-EDD3-4EA9-B40E-ADA2C953A1FB Agreement No. G86513- 0
15. The term " Project Scope" means the description or activity for work to be accomplished by the Project.
16. The term " Public Agency" means any State of California department or agency, a county, city, public district or public agency formed under California law.
17. The term " State" means the Secretary for Natural Resources or his/ her representatives, or other political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money ( Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.
F,U 3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2025.
4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act ( CEQA) ( Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA.
Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope ( Exhibit A) and approved by the State. CEQA compliance shall be completed within one ( 1) year from the Grant Agreement start date, unless an extension is granted by the State.
Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the Grant Program and is consistent with the intent cited in the original Application.
If a grantee' s project is disapproved on grounds related to the Natural Resource Agency' s CEQA determination, the grantee shall have the option of either: ( 1) reimbursing the Natural Resources Agency for all State - reimbursed preliminary costs ( e. g., planning, design, etc.), or ( 2) relinquishing any planning/ design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form.
5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.
6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and
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disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits and licenses ( e. g., state contractor' s license) will have been obtained.
7. Grantee shall provide access by the State upon 24 hours' notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion.
8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval.
Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA.
9. Grantee shall provide for public access to the Project in accordance with the intent of the Act.
10. Grantee must have ( 1) fee title, ( 2) leasehold, or ( 3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.
11. Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State.
C. Project Costs
1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. Approved direct management costs or construction and Development costs. Up to ten percent ( 10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. c. Advance payments may be made at the discretion of the State. d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.
This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line -item description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made.
DocuSign Envelope ID: 15BF8EF7- EDD3- 4EA9- B40E- ADA2C953A1FB Agreement No. G86513- 0
b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.
3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.
4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent ( 10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made, and shall identify both the item( s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent ( 10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.
D. Project Administration
1. Grantee shall promptly provide Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents.
2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.
3. Grantee shall use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction. rfj
4. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety ( 90) days of Project completion, but in no event any later than March 1, 2025.
5. Final payment is contingent upon State verification that Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments.
6. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty ( 60) days before the effective date of the proposed amendment.
7. Grantee must report to the State all sources of other funds for the Project.
E. Project Termination
1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty ( 30) days' written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by
DocuSign Envelope ID: 15BF8EF7- EDD3- 4EA9- B40E- ADA2C953A1 FB Agreement No. G86513- 0
Grantee which affects performance of this or any other grant agreement or contract entered into with the State.
2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non -cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State' s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.
4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of the State hereunder.
5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is for the purposes as stated in the application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.
Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including Development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government Code Section 895. 2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.
DocuSign Envelope ID: 15BF8EF7- EDD3- 4EA9- B40E- ADA2C953A1 FB Agreement No. G86513- 0
3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for three ( 3) years after final payment and one ( 1) year following an audit.
Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.
H. Use of Facilities
The real property ( including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained.
2. Grantee shall maintain, operate and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of TWENTY-FIVE ( 25) YEARS, consistent with the Land Tenure/ Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee' s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. " Good cause" includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.
3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.
If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State' s sole discretion, an amount equal to ( 1) the amount of the Grant ( 2) the Fair Market Value of the real property, or ( 3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.
The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.
DocuSign Envelope ID: 15BF8EF7- EDD3-4EA9-B40E-ADA2C953A1 FB Agreement No. G86513- 0
6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.
I. Nondiscrimination
During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition ( cancer/genetic characteristics), age ( 40 and above), disability ( mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder ( Cal.
Code Regs, tit. 2, § 7285. 0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 ( a)—( f), are incorporated into this grant by reference and made a part hereof as if set forth in full ( Cal. Code Regs, tit. 2, 7285. 0 et seq.). Grantee shall include this non- discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.
J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.
K. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party.
M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.
N. Disputes
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If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:
If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency.
The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee' s position and the remedy sought. Within ten ( 10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue( s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary' s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.
2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary' s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee' s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee' s letter of appeal must be submitted within ten ( 10) working days of the receipt of the Deputy Assistant Secretary' s written decision. The Assistant Secretary or designee shall, within twenty ( 20) working days of receipt of Grantee' s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.
O. Audit Requirements
Grant projects are subject to audit by the State annually and for three ( 3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted.
DocuSign Envelope ID: 15BF8EF7-EDD3-4EA9-B40E-ADA2C953A1FB
EXHIBIT A
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Grantee Name: South El Monte, City of
Project Title: Merced Avenue Greenway Project
Agreement Number: G86513- 0
Project Location: Merced Avenue beginning from Rush St ( north) to Lerma Rd ( south) r15 Project Scope:
The project consists of 0. 65- mile expansion of greenway located in the City of South El Monte in Los Angeles County that incorporates stormwater capture best management practices and provides pedestrian and bike connections to parks and open spaces.
The grant will fund the following project elements:
Direct project management
Construction support services and bid review
Community outreach
Low impact development best management practices monitoring Urban heat island monitoring
Site preparation and demolition including:
o
the removal of impervious surfaces such as AC pavement, sidewalk, concrete curb and gutter, concrete spandrel, and cross gutter
o Excavation for bikeway, bioretention, infiltration gallery, planters, and sidewalk Installation of approximately 6, 864 linear feet of an elevated ( protected) concrete bike path Installation of approximately 20 bike ramps
Application of approximately 4 Bicycle Stop Pavement Markings Application of approximately 20 Bicycle street markings/ signage Installation of one bicycle signal detection feature
Installation of approximately 133 trees*
Soil preparation and amendment
Installation of irrigation equipment for recycled water line Installation of approximately 3 signs ( construction and funding acknowledgement) This site is a public transportation corridor ( street) owned by the City of South El Monte. rL5 Project Schedule:
Activity Description Timeline
Submit CEQA docs to State December 2019
Submit final site desi n/ lans/ s ecifications to State* July 2021 Bid Package October 2021
Bid Award Aril 2022
Begin Construction September 2022
Submit evidence of si na a construction September 2022
Complete Construction November 2023
Submit evidence of si na a ( Prop 68 recognition) December 2023 Complete O& M Training June 2024
Complete Monitoring December 2024
Plant Establishment** November 2024
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EXHIBIT A
Record Deed Restriction and Submit Project Closeout Final Completion — December 2024 package with final Payment Request to State
A plant palette for all plants within the footprint of the project must be submitted with final designs and reflect appropriate species for the site, with consideration given to carbon sequestration, inclusion of native species where feasible, pollinator habitat, and low water, drought tolerant plantings. Trees, regardless of the funding source, may not exceed 15 gallons in initial planting size.
All projects must comply with the Model Water Efficient Landscape Ordinance ( MWELO), all Governor Executive Orders, and local water ordinances.
Plant establishment reimbursed by the grant not to exceed two ( 2) years.
Cost Estimate: See Exhibit A- 1
DocuSign Envelope ID: 15BF8EF7- EDD3- 4EA9- B40E- ADA2C953A1FB Merced Avenue Greenway Implementation Project
South El Monte
GBSS13- 0
Exhibit A- 1 Cost Estimate
Project elements Total cost
CNRA
Prop 68 GI
WATER
BOARD
Prop 1 SW
RMC
Prop 66
Measure W,
USSR, match) local
NON CONSTRUCTION not to exceed 25% of rant
A 10tract Prolect Management
1 IStaffTime 613. 356$ 318, 3171 1 $ 143, 3441 $ 151. 695 Plannin , Desi n 6 Permitting - Completed
Project Partners I Consultants
C Council for Watershed Health
1 Project Management 5266, 367 i19, 624 47, 626 99, 117 2 LID BMP Monitorin 126, 575 3, 4 , 920 3 , 4 4 1 , 933 3 08M Traimn 39, 892 39, 892
Active SGV
1 Communi Otn, ach/ St- dahip 1 $ 178, 8431 $ 65, 5g5l, 242 $ 3, 211 $ 16, 800 E Climate Resolve
7 Communi Outreach $ 24, 000 4, OOD
2 UHI Monitodn $ 70, 113 7$ 2, 5131
F Project Designers - Tetra TeehlAlta
1 Bid Review 544, 420 344, 420
2 Construction Support Services 114. 940 3114. 940
Total Non - Construction Costs ( not to exceed 25%) 1, 479, 511 730, 764 88, 162 374,040 235. 5
CONSTRUCTION
Site Pre aratlan 1, 507, 639 1, 499,
4411E$ 464, 711
s0 0
1 Mobiliza8on/ Demobilization 292, 424 292. 424
Site prep 8 Demolition
Pavement
1, 215, 214
2, 777, 195
1. 207, 024
500, 3l8
0 650, 860
30 516, 283
1 Grind and Ovena 2.5' 257, 104 4
6" Curb 71, 260 1
3 6" Curb and Gutter 102, 950 0
4 Gutter 40, 710 0
Curb Extension
Concrete Sidewalk
Planter)
464,
31. 711
200
31. 206
ADACurbRam 153. 000 0
8 Cross Gutter 36, 570 6, 570
9 Elevated Bikeway 1411, 360 411, 360
10 Bikeway Agg, Base 26. 068 26, D68
11 Bicycle Ram 50. 000 50, 000
12 AC Pavement 246,720 246, 720
13 AC Pavement A . Base 164, 084 164, 084
14 Concrete Landscape Curb 3, 360 3. 360
1 Monolithic Wall at Bic Planters 489, 000 3489, 000
16 Concrete Buffer 29, 795 29,795
1 Peddestrian estrian Strip 53, 760 53. 780
18 4" Pedal Safe Curb 576, 700 76, 700
19 4" Plant. Curb 12. 960 12. 960
0 Curb Cut 10. 200 10, 200
1 Driveway Aron 75. 684 75, 684
Signals and SI na a( street) 72, 020 8, 200 64, 420 s0 0 1 Stop Bar ( 12" Wide) 1, 164 1, 164
2 Stop Pavement Marking 8. 000 58, 000
3 Bicycle Stop Pavement Meriting 1, 200 1, 200
4 Continental Crosswalk 8. 640 8. 640
Conflict Striping Intersections 3. 500 53, 500
6 White Bicycle Lane Pavement Marking 5. 000 5, 000
7 Bicycle Signal Detection 2, 000 2, 000
8 Traffic and Wayfinding Si na a 10, 125 101125
9 Center Turn Lane Pavement Marking 2, 800 2, 800
10 Center Turn Lane Striping 18. 195 18. 195
11 Parlong Lane Striping 10, 864 10, 864
12 Red Curb Paint 1, 132 1. 132
J Landscape and irrigation 704, 927 100, 200 so 604. 727 SO 1 15- al tree+ dee well irri ation 124! 2.N 24, 000
2 15- al tree 37, 200 37, 200
3 Treevoult structural root
systemE$ 233, 364
93 176, 893
4 Soil Prep and Amendment00 m000
5 Shrubs, r es, d roundcover64 233, 364
6 Ioi ation POC( mclbackfiuw) 00 SUDD
Ioi ation Controllers and Misc. Ini ation E ui ment00 20, 000 Shrub 8 roundcover irri ation70 194, 470
K Water Ouall Treatment 92 0 1, 019. 391 173, 701 s0
Bioretention with underdrain253 46,253
Trenchin for Drain Connection to Storm Drain236
4" Underdrain920 24,2
920
4 11' RCP Storm Drain. 020 21. 020
5 Bi. r. bmton without Underdrain 73, 2731 73. 273
6 Infiltration Gallo 9, 333 9, 333
Gravel ( Additional 1. 5' Below Infiltration Gallery) 1, 568 1, 568 8 Grated Curb Inlet - Guardians 90, 000 390, 000
9 Junction Structure ( connection to SO system) stem 50.000 350, 000 10 Storm Drain Pi a Penetration 40000 4, 000
11 Storm Drain Manhole Junction Structure in Focal Points) 20,000 20, 000 12 Grated Inlet focal overflow 60, 000 60, 000
13 Biofiltration Clean -Out 29, 000 29, 000
14 High Infiltration Biofiltration Media 381. 400 381, 400 15 Permeable Pavers AC 156, 300 156, 300
16 RTANK 132. 500 132, 500
17 Non- bioretention Planter Area 55, 390 55, 390
18 L simeter 29, 900 29, 900
L Utilities 283, 334 s0 150, 000 113, 334 0
1 Utility Allowance for Adjustments/ Protection/ Coordination 133. 334 133. 334 2 Remodel Lar a Existin Catch Basin 75.000 75, 000
3 Remodel Small Exish Catch Basin 45,000 45, 000
4 Remodel Storm Culvert sidewalk culvert 30, 000 30, 000 Tempo rely TraMc Control 133, 334 0 0 133, 334 0
N Other s406,2911 11, 000 152, 3871 205, 126 30. 777
1 Ins ections 338, 551 153, 887 153. 857 30.777
2 08M Manuals 3, 334 3, 334
3 Record Drawin sce
3, 334 3, 334
4 H- d insuran/ Bond 44, 571 44, 571
Fundin Acknowled ement Siins 16, 500 11. 000 5, 500. 00 Total Construction 7, 073, 430 2, 119, 236 2, 501, 052 1, 911.092U$ 9572.'.06005 Contingency not to exceed 10% of rant) S4 0, 00 150, 000 1 0,000 PROJECT GRANTTOTAL 9, 005, 941 3, D00, 000 2, 589, 214 2,435, 122 Only direct project management costs are eligible; no overheard/ indirect costs are reimbursable. In- service payroll may not include.' billable rate' or administrative cost allocation.
All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
ip
W
Papa 12
LOSANGE- 03 MCKENZIE2
hi,- CERTIFICATE OF LIABILITY INSURANCE
DATE ( M YYY)
7! 311/ 2022023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License # 0107568
Hoffman Brown Compan
5000 Van Nuys Blvd. 6th Moor
Sherman Oaks, CA 91403
CONTACT
NAME;
PHONE
Arc, No, Ext): (81 8) 986- 8200 ( A/ C, No): (818) 986- 8510
E- MAIL
INSURER( S) AFFORDING COVERAGE NAIC #
INSURERA: NOVa Casualty Company 42552
INSURED
Council for Watershed Health
177 E Colorado Blvd., Suite 200
Pasadena, CA 91105
INSURERS: Oak River Insurance Company 34630
INSURER C:
INSURER D:
INSURER E
INSURER F :
COVERAGES CERTIFICATE NU116ER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR
LTR TYPE OF INSURANCE INSD
ADDL SUBR
WVD POLICY NUMBER
POLICY EFF
fMMIDD( YYYYS
POLICY EXP
IMMfDDIYYYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY
OCCUR X CFI - ML -10001174- 06 7/ 29/023 7/ 29/024
EACH OCCURRENCE 1, 000,00
CLAIMS - MADE X
DAMAGE TC RENTED
PREMISES IEa occurrence) 100, 00
MED EXP Any one person) S
5, 000
PERSONAL & ADV INJURY S 1, 000,00
GENTAGGREGATE LIMIT
POLICY JECT
APPLIES PER: GENERAL AGGREGATE 3, 000,00
X LOC PRODUCTS - COMP/ O AGG 3, 000,00
OTHER:
A AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
AUTOS ONLY X IOS ONELY
X CF1- ML- 10001174- 06 7/ 29(023 7/ 29/024
COMBINED SINGLE LIMIT
fEa accidenll S
1, 000,00
BODILY INJURY ( Per person)
SCHEDULED
AUTOS BODILYBODILY INJURY ( Per accident)
X A Pe? accident) AMAGE
S
A UMBRELLA LIAR
EXCESS LIAR
X OCCUR
CLAIMS - MADE CFI -UM -10000388- 06 7/ 2912023 7/ 29/024
EACH OCCURRENCE S
1, 000,00
X AGGREGATE 1' 000'00
OED X RETENTION $ 10, 000 S
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS
Y! N
N! A
COWC455517 1/ 2023 1/ 2024
y PER
X
STATUTE ER
E. L. EACH ACCIDENT S
1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
below E. L. DISEASE - POLICY LIMIT 1, 000,00
DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Grant Agreement No. 16-14
WARNING: Additional Insured Status is ONLY valid if required by written contract executed prior to the loss The City of South El Monte; The State of California, its officers, agents, and employees are named as Additional Insured on the General Liability and Auto Liability policies per attached policy form# AGL09340717
CERTIFICATE HOLDER CANCELLATION
City of South Et Monte
1415 Santa Anita Avenue
South El Monte. CA 91733
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SOCIAL SERVICES - GENERAL LIABILITY EXTRA ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows:
1. EXPECTED OR INTENDED INJURY EXTENSION
Paragraph a. Expected Or Intended Injury is deleted and replaced by the following:
a. " Bodily injury" or " property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect persons or property.
2. NON OWNED AIRCRAFT CHARTERED WITH CREW EXTENSION
Paragraph g. Aircraft, Auto Or Watercraft is amended to add an exception provision to the exclusion as follows:
a. This exclusion does not apply to aircraft chartered with crew to any insured. b. This exception provision does not apply if the chartered aircraft is owned by any insured. c. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent.
3. NON OWNED WATERCRAFT EXTENSION
Subparagraph ( 2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following:
2) A watercraft you do not own that is:
a) Less than 60 feet long; and
b) Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured for aircraft, auto or watercraft whether primary, excess, or contingent.
4. PROPERTY SOLD OR ABANDONED BY YOU
Subparagraph ( 2) of j. Damage To Property is deleted and replaced by the following:
2) Premises you sell, give away or abandon, if the " property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned.
5. DAMAGE TO PREMISES RENTED TO YOU
a. The last Paragraph of 2, Exclusions is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of " property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. The Damage To Premises Rented To You limit will apply to all damage proximately caused by the same occurrence", whether such damage results from fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems, or any combination of any of these.
The Damage To Premises Rented To You Limit will be the higher of:
1) $1, 000,00; or
2) The amount shown on the Declarations for Damage To Premises Rented To You.
6. INVITEE PROPERTY DAMAGE LEGAL LIABILITY
a. The following is added to subparagraph ( 4) of j. Damage To Property:
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INSURED
COMMERCIAL GENERAL LIABILITY
However, this exclusion does not apply to " property damage" to your " invitee' s" personal property in your care, custody or control caused by fire, lightning, explosion, smoke, water, leaks from automatic fire protective systems; or vandalism or malicious mischief:
a) On premises you own or rent or on ways next to premises you own or rent; and b) Arising out of your operations.
For the purposes of this endorsement, personal property does not include any of the following:
c) Accounts, bills, currency, food stamps or other evidences of debt; deeds, money, notes, or securities;
d) Contraband, or property in the course of illegal transportation or trade; or e) Blueprints, documents, drawings, manuscripts, records or valuable papers. b. The following is added to SECTION III — LIMITS OF INSURANCE:
Subject to Paragraph 5. above, the most we will pay under Coverage A for the sum of all damages sustained by all " invitees" because of " property damage" to personal property of such " invitees" in your care, custody or control is $ 15, 000.
7. Paragraph 2. Exclusions is amended to add the following exclusion:
Willful Violation Of A Penal Code Or Statute
Bodily injury", "incidental medical malpractice liability"' or " property damage" arising out of the willful violation of a penal code, statute or regulation relating to the sale or distribution of pharmaceuticals by or with the knowledge or consent of the insured.
B. SECTION I — COVERAGES, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended as follows:
1. Subparagraph a. Knowing Violation Of Rights Of Another is amended to add the following:
This exclusion does not apply to " personal and advertising injury" caused by malicious prosecution.
2. Subparagraph e. Contractual Liability is deleted and replaced by the following:
e. Advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
This provision does not apply if COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is excluded by endorsement.
C. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1. is amended as follows:
1. The limit in subparagraph b. is increased to $ 2, 500.
2. The limit in subparagraph d. is increased to $ 500 a day.
D. ADDITIONAL INSUREDS
1. SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person( s) or organization( s) for whom a written contract or written agreement between you and such person( s) or organization( s) exists and requires such person( s) or organizations( s) to be added as an additional insured to your Policy, but only for liability arising out of " bodily injury," "property damage" or "personal and advertising injury".
a. This endorsement applies only if the written contract or written agreement is:
1) Currently in effect or becomes effective during the term of this Policy; and 2) Executed prior to the " bodily injury", "property damage", or "personal and advertising injury". b. The insurance afforded to such additional insured only:
1) Applies to the extent permitted by law; and
2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
2. The insurance provided to the additional insured by this endorsement applies as follows:
a. The person( s) or organization( s) is an additional insured but only for liability caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf:
1) In connection with your premises owned by or rented to you; or 2) In the performance of your ongoing operations.
b. If the additional insured is an architect, engineer or surveyor, this insurance does not apply to " bodily injury", "property damage" or " personal and advertising injury" arising out of the rendering of or failure to render any professional services including:
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INSURED
COMMERCIAL GENERAL LIABILITY
1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
2) Supervisory, inspection or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the "occurrence" which caused the " bodily injury" or " property damage" or the offense which caused the " personal and advertising injury" involved the rendering of or the failure to render any professional services by or for you.
c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any " occurrence" which takes place after the equipment lease expires.
d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit:
1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decoration and similar exposures; 2) The construction, erection or removal of elevators; or 3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to:
1) "Bodily injury", "property damage" or " personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or 2) "Bodily injury" or " property damage" included within the "products -completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you.
This insurance does not apply to:
1) Any " occurrence" that takes place after you cease to be a tenant in that premises; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises.
g. If the additional insured is grantor of franchise, that person( s) or organization( s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or other interest from whom land has been leased, that person( s) or organization( s) is only an additional insured with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you.
This insurance does not apply to:
1) Any " occurrence" that takes place after you cease to lease that land; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person( s) or organization( s) is only an additional insured with respect to their liability as such and arising out of the ownership, maintenance or use of the premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee or receiver. j. If the additional insured is a controlling interest, that person( s) or organization( s) is an additional insured but only for their liability arising out of:
1) Their financial control of you; or
2) Premises they own, maintain or control while you lease or occupy those premises. 3) Their requirements for certain performance placed upon you, as a non- profit organization, in consideration for funding or financial contributions you receive from them; or As respects Paragraph j.(2) above, this insurance does not apply to:
4) Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization; or
5) Any " occurrence" which takes place after you cease to be a tenant in that premises.
AG L09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INSURED
COMMERCIAL GENERAL LIABILITY
k. If the additional insured is a vendor, that person( s) or organization( s) is only an additional insured with respect to " bodily injury" or " property damage" arising out of " your products" which are distributed or sold in the regular course of the vendor' sbusiness, but only if this Policy provides coverage for "bodily injury" or " property damage" included within the "products -completed operations hazard". 1) This insurance afforded to the vendor does not apply to:
a) "Bodily injury" or " property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
b) Any express warranty unauthorized by you;
c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container;
e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor' spremises in connection with the sale of "your products"; g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h) "Bodily injury" or " property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
I) The exceptions contained in subparagraphs k.( d) or k.( f); or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products".
2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
I. If the additional insured is a member or volunteer this insurance only applies with respect to their liability for your activities or activities they perform on your behalf. m. If the additional insured is a trustee or member of the Board of Governors this insurance only applies with respect to their duties as such.
3. With respect to the insurance afforded to an additional insured as provided in Paragraphs D. 1. and 0. 2. above, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
4. With respect to the insurance afforded to an additional insured as provided in Paragraphs D. 1. and D. 2. above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations.
5. If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above subsection D. ADDITIONAL INSUREDS does not apply to such person( s) or organization( s).
6. Paragraph 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include:
For the purposes of the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary and noncontributory.
E. SECTION II - WHO IS AN INSURED is amended as follows:
1. BROADENED NAMED INSURED
Paragraph 3. is deleted and replaced by the following:
3. Any business entity organized under the laws of the United States of America ( Including any state thereof, its territories or possessions), or Canada ( including any province thereof) will qualify as a AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INSURED
COMMERCIAL GENERAL LIABILITY
Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance.
2. CO -EMPLOYEE COVERAGE AND CO -VOLUNTEER WORKERS
Subparagraphs ( a), (b) and ( c) under Paragraph 2. a.( 1) do not apply to " bodily injury" for which insurance is provided as follows:
a. Your " employees" are insureds with respect to " bodily injury" to a co -"employee" in the course of the co -"employee' s" employment by you, or to your "volunteer workers" while performing duties related to the conduct of your business, provided that this coverage for your " employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business.
b. Your "volunteer workers" are insureds with respect to " bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employees" in the course of the employees" employment by you, provided that this coverage for your " volunteer workers" does not apply while performing duties unrelated to the conduct of your business.
3. INCIDENTAL MEDICAL MALPRACTICE — EMPLOYED NURSES, EMT' SAND PARAMEDICS a. Paragraph 2. a.( 1)( d) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only:
1) While performing the services described in the definition of " incidental medical malpractice injury"; and
2) When acting within the scope of their employment by you.
Any " employees" rendering " Good Samaritan Services" will be deemed to be acting within the scope of their employment by you.
b. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services for an " incidental medical malpractice injury" to any one person, will be considered one "occurrence". c. This provision as provided in Paragraph 3. a. and 3. b. does not apply if:
1) You are in the business or occupation of providing any of the services described in " incidental medical malpractice injury"; or
2) An endorsement is attached to this Policy that specifically provides liability coverage for registered or licensed practical nurses.
d. The insurance provided by Paragraph 3. a. and 3.b. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this Policy.
4. LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIP OR JOINT VENTURE a. The last Paragraph of SECTION II — WHO IS AN INSURED is deleted and replaced by the following; No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Declarations. This subparagraph does not apply to your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations.
b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.b. Excess Insurance is amended to add the following:
This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available to you for your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations and which is issued to such partnership or joint venture.
F. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2. a. and 2. b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the "occurrence", offense, claim or "suit" is known to:
a. You, if you are an individual;
b. A partner or member, if you are a partnership or joint venture; AG L09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission.
INSURED
COMMERCIAL GENERAL LIABILITY
c. An officer or director, if you are an entity other than a partnership, joint venture or limited liability company;
d. A member or manager, if you are a limited liability company; or e. An insurance manager, risk manager or other "employee" you designate prior to loss to give notice to us.
Knowledge of an " occurrence", offense, claim, or " suit" by your agent, servant or " employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge.
2. FAILURE TO DISCLOSE HAZARDS
The following is added to Paragraph 6. Representations:
If you unintentionally failed to disclose all hazards or prior " occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, we will not deny coverage under this Coverage Part because of such failure.
This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non -renewal.
3. SPECIAL EVENT PREMIUM RATING
The following is added:
Special Event Premium Rating
a. The rating for this endorsement includes the following special events:
1) All indoor special events with less than 2, 500 attendees that are less than 24 hours in duration; and
2) All outdoor special events with less than 2, 500 attendees that are less than 24 hours in duration. b. The following special events shall be separately rated for additional premium:
1) Any special event that exceeds the number or attendees or duration as shown in 3. a.( 1) or 3. a.( 2) above;
2) Any parade, fair or carnival; or
3) Any athletic, sporting or motor vehicle event including walks, runs, tournaments, demonstrations, rallies or competitive activities.
4. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us:
We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any " occurrence", " suit" or the offense which caused the " bodily injury", "property damage" or " personal and advertising injury", provided that the occurrence", "suit" or the offense which caused the " bodily injury", "property damage" or " personal and advertising injury" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
G. SECTION V — DEFINITIONS is amended as follows:
1. BODILY INJURY
The definition of "bodily injury" in Paragraph 3. is deleted and replaced by the following:
Bodily injury" means bodily injury, "incidental medical malpractice injury", mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time.
2. PERSONAL AND ADVERTISING INJURY
If COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY is not otherwise excluded from this Policy, the definition in Paragraph 14. b. is deleted and replaced by the following:
b. Malicious prosecution or abuse of process;
The following is added:
Personal and advertising injury" also means " discrimination" or humiliation that results in injury to a natural person or their reputation, but only if such discrimination or humiliation is:
a) Not done intentionally by or at the direction of, or with the knowledge or consent of:
i. Any insured; or
ii. Any executive officer, director, stockholder, partner or member of any insured organization; b) Not directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment, of any person or persons by any insured; c) Not prohibited by or held in violation of law, public policy, legislation, court decision or administrative AGL09340717 Includes copyrighted material of Insurance Services Office, Inc„ with its permission.
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ruling;
d) Not arising out of any " advertisement" by the insured.
3. INSURED CONTRACT
a. Subparagraph a. of the definition of "insured contract" is deleted and replaced by the following:
a. A contract for a lease of premises.
b. Subparagraph f. of the definition of "insured contract" is deleted and replaced by the following:
f. That part of any other contract or agreement pertaining to your business ( including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for " bodily injury" "property damage" or personal and advertising injury" to a third party or organization. Tort liability means a liability that
would be imposed by law in the absence of any contract or agreement.
4. PRODUCTS - COMPLETED OPERATIONS HAZARD
The definition of " products - completed operations hazard" in Paragraph 16. is amended to add the following:
Includes all " bodily injury" and " property damage" arising out of your " designated products" on premises you own or rent; on premises used by you for a special event related to your business; or on connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of- way of a railroad, next to any such premises you own or rent, or use for a special event.
For the purpose of this definition, " designated products" means apparel, buttons, CD' s, DVD' s, posters, stickers, tapes and other similar products used to promote a special event related to your business.
The following definitions are added:
5. " Discrimination" means:
a. Unfair treatment of a natural person or organization including but not limited to discrimination based upon race, color, ethnic or national origin, religion, age, gender, marital status, sexual orientation or preference, pregnancy, physical disability or impairment, or mental disability or impairment; or b. Any act or conduct that would be considered " discrimination" under any applicable federal, state, or local statute, ordinance or law.
6. " Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remuneration is requested or paid.
7. " Incidental medical malpractice injury" means " bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services:
a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages;
b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid.
8. " Invitee" means any of your clients, customers, guests, members, patrons, supporters, and " volunteer workers"; however, it does not include any person who is your " employee", " temporary worker" or independent contractor.
All other terms and conditions of the policy remain unchanged.
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LOSANGE- 03 SMCKENZIE2
A. dc- c) irzo I
CE 1 IFICATE OF LIABILITY INSLANCE J
DATE( MMIDDlYYYY)
6/' 16/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( sj.
PRODUCER License # 0K07568
Hoffman Brown Company
5000 Van Nuys Blvd. 6th Floor
Sherman Oaks, CA 91403
CONTACT
NAME:
AIC, NNo, Exq: (818) 986- 8200 U. No): (818) 986- 8510
AOD ESS;
INSURER( SAFFORDING COVERAGE NAIC H
INSURER A: Nova Casualty Company 42552
INSURED
Council for Watershed Health
177 E Colorado Blvd., Suite 200
Pasadena, CA 91105
INSURER B: Oak River Insurance Company 34630
INSURER C :
INSURER D:
INSURER E :
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR
LTR INSD TYPE OF INSURANCE
ADOL' SUBR
WVD POLICY NUMBER
POLICY EFF
MMIDD( YYYY)
POLICY EXP
MMIDDIYYYY] LIMITS
A X COMMERCIAL GENERAL LIABILITY
X
7129/ 2022 7/ 2912023
EACH OCCURRENCE 1, 000,00
CLAIMS - MADE X OCCUR CF1- ML- 10{01174- 05 DAMAGE5IEa PREMISES [ Ea s700u1renCel rED 100, 00 MED EXP ( Any one person) 5, 000
PERSONAL & ADV INJURY 1, 000,00
GEN' L
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
JECT
PER.
LOG
GENERAL AGGREGATE 3, 000,00
PRODUCTS - COMP/ O AGO 3, 000,00
A AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
5—C
SCHEDULED
AUTOS
NON -OWNED
AUTOS NLY
X
CF1- ML- 10001174- 05 7/ 2912022 7/ 29/023
COMBINED SINGLE LIMIT
Ee accident) S
1, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident)
A
X
UMBRELLA LIAB
EXCESS uAB
X OCCUR
CLAIMS - MADE CF1- UM- 10000388- 05 7129/ 2022 7129/ 2023 EACH OCCURRENCE 1, 000,00
AGGREGATE 1, 000,00
OED X RETENTION $ 10, 000
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED')
Mandatory in NH)
If yes describe under
DESCRIPTION OF OPERATIONS below
Y1. N
NIA
COWC350538 1/ 2022 1/ 2023
X
I STATUTE I 10TH
E L EACH ACCIDENT 1, 000,00
E L DISEASE - EA EMPLOYES 1, 000,00
E L DISEASE - POLICY LIMIT 1, 000,00
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES ( ACORD 101., Additional Remarks Schedule, may be attached if more space is required) Grant Agreement No. 16-14
WARNING: Additional Insured Status is ONLY valid if required by written contract executed prior to the loss The City of South El Monte; The State of California, its officers, agents, and employees are named as Additional Insured on the General Liability and Auto Liability policies per attached policy form# AGL09340717
CERTIFICATE HOLDER CANCELLATION
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) 1988- 2015
dadt- lt
ACORD CORPORATION. All rights reserved.
The ACORD name andPage 688 of 810
logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SOCIAL SERVICES - GENERAL LIABILITY EXTRA ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows:
1. EXPECTED OR INTENDED INJURY EXTENSION
Paragraph a. Expected Or Intended Injury is deleted and replaced by the following:
a. " Bodily injury" or " property damage" expected or intended from the standpoint of the insured, This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect persons or property.
2. NON OWNED AIRCRAFT CHARTERED WITH CREW EXTENSION
Paragraph g. Aircraft, Auto Or Watercraft is amended to add an exception provision to the exclusion as follows:
a. This exclusion does not apply to aircraft chartered with crew to any insured. b. This exception provision does not apply if the chartered aircraft is owned by any insured. c. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent.
3. NON OWNED WATERCRAFT EXTENSION
Subparagraph ( 2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following:
2) A watercraft you do not own that is:
a) Less than 60 feet long; and
b) Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft,
This insurance is excess over any other valid and collectible insurance available to the insured for aircraft, auto or watercraft whether primary, excess, or contingent.
4. PROPERTY SOLD OR ABANDONED BY YOU
Subparagraph ( 2) of j. Damage To Property is deleted and replaced by the following:
2) Premises you sell, give away or abandon, if the " property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned.
5. DAMAGE TO PREMISES RENTED TO YOU
a. The last Paragraph of 2. Exclusions is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of " property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. The Damage To Premises Rented To You limit will apply to all damage proximately caused by the same occurrence", whether such damage results from fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems, or any combination of any of these.
The Damage To Premises Rented To You Limit will be the higher of:
1) $1, 000,00; or
2) The amount shown on the Declarations for Damage To Premises Rented To You.
6. INVITEE PROPERTY DAMAGE LEGAL LIABILITY
a. The following is added to subparagraph ( 4) of j. Damage To Property:
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However, this exclusion does not apply to " property damage" to your " invitee' s" personal property in your care, custody or control caused by fire, lightning, explosion, smoke, water, leaks from automatic fire protective systems; or vandalism or malicious mischief:
a) On premises you own or rent or on ways next to premises you own or rent; and b) Arising out of your operations.
For the purposes of this endorsement, personal property does not include any of the following:
c) Accounts, bills, currency, food stamps or other evidences of debt; deeds, money, notes, or securities;
d) Contraband, or property in the course of illegal transportation or trade; or e) Blueprints, documents, drawings, manuscripts, records or valuable papers. b. The following is added to SECTION III — LIMITS OF INSURANCE:
Subject to Paragraph 5. above, the most we will pay under Coverage A for the sum of all damages sustained by all " invitees" because of " property damage" to personal property of such " invitees" in your care, custody or control is $ 15, 000.
7. Paragraph 2. Exclusions is amended to add the following exclusion:
Willful Violation Of A Penal Code Or Statute
Bodily injury", "incidental medical malpractice liability" or " property damage" arising out of the willful violation of a penal code, statute or regulation relating to the sale or distribution of pharmaceuticals by or with the knowledge or consent of the insured,
B. SECTION I — COVERAGES, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY.
Paragraph 2. Exclusions is amended as follows:
1. Subparagraph a. Knowing Violation Of Rights Of Another is amended to add the following:
This exclusion does not apply to " personal and advertising injury" caused by malicious prosecution.
2. Subparagraph e. Contractual Liability is deleted and replaced by the following:
e. Advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
This provision does not apply if COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is excluded by endorsement.
C. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1. is amended as follows:
1. The limit in subparagraph b. is increased to $ 2, 500.
2. The limit in subparagraph d. is increased to $ 500 a day.
D. ADDITIONAL INSUREDS
1. SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person( s) or organization( s) for whom a written contract or written agreement between you and such person( s) or organization( s) exists and requires such person( s) or organizations( s) to be added as an additional insured to your Policy, but only for liability arising out of "bodily injury," "property damage" or " personal and advertising injury".
a. This endorsement applies only if the written contract or written agreement is:
1) Currently in effect or becomes effective during the term of this Policy; and 2) Executed prior to the " bodily injury", "property damage", or " personal and advertising injury". b. The insurance afforded to such additional insured only:
1) Applies to the extent permitted by law; and
2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
2. The insurance provided to the additional insured by this endorsement applies as follows:
a. The person( s) or organization( s) is an additional insured but only for liability caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf:
1) In connection with your premises owned by or rented to you; or 2) In the performance of your ongoing operations.
b. If the additional insured is an architect, engineer or surveyor, this insurance does not apply to " bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services including:
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1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
2) Supervisory, inspection or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the " occurrence' which caused the " bodily injury" or " property damage" or the offense which caused the " personal and advertising injury" involved the rendering of or the failure to render any professional services by or for you.
c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any " occurrence" which takes place after the equipment lease expires.
d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit:
1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decoration and similar exposures; 2) The construction, erection or removal of elevators; or 3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to:
1) "Bodily injury", "property damage" or " personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or 2) "Bodily injury" or " property damage" included within the " products - completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you.
This insurance does not apply to:
1) Any " occurrence" that takes place after you cease to be a tenant in that premises; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises.
g. If the additional insured is grantor of franchise, that person( s) or organization( s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or other interest from whom land has been leased, that person( s) or organization( s) is only an additional insured with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you.
This insurance does not apply to:
1) Any " occurrence" that takes place after you cease to lease that land; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person( s) or organization( s) is only an additional insured with respect to their liability as such and arising out of the ownership, maintenance or use of the premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee or receiver. j
If the additional insured is a controlling interest, that person( s) or organization( s) is an additional insured but only for their liability arising out of:
1) Their financial control of you; or
2) Premises they own, maintain or control while you lease or occupy those premises. 3) Their requirements for certain performance placed upon you, as a non- profit organization, in consideration for funding or financial contributions you receive from them; or As respects Paragraph j.(2) above, this insurance does not apply to:
4) Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization; or
5) Any " occurrence" which takes place after you cease to be a tenant in that premises.
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k. If the additional insured is a vendor, that person( s) or organization( s) is only an additional insured with respect to " bodily injury" or " property damage" arising out of " your products" which are distributed or sold in the regular course of the vendor' s business, but only if this Policy provides coverage for " bodily injury" or " property damage" included within the " products -completed operations hazard". 1) This insurance afforded to the vendor does not apply to:
a) "Bodily injury" or " property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
b) Any express warranty unauthorized by you;
c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container;
e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of " your products"; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor' s
premises in connection with the sale of "your products"; g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or h) "Bodily injury" or " property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
I) The exceptions contained in subparagraphs k.( d) or k.( f); or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of " your products".
2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
I. If the additional insured is a member or volunteer this insurance only applies with respect to their liability for your activities or activities they perform on your behalf. m. If the additional insured is a trustee or member of the Board of Governors this insurance only applies with respect to their duties as such.
3. With respect to the insurance afforded to an additional insured as provided in Paragraphs D. 1. and D. 2. above, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
4. With respect to the insurance afforded to an additional insured as provided in Paragraphs D. 1. and 0. 2. above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations.
5. If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above subsection D. ADDITIONAL INSUREDS does not apply to such person( s) or organization( s).
6. Paragraph 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include:
For the purposes of the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary and noncontributory.
E, SECTION II - WHO IS AN INSURED is amended as follows:
1. BROADENED NAMED INSURED
Paragraph 3, is deleted and replaced by the following:
3. Any business entity organized under the laws of the United States of America ( including any state thereof, its territories or possessions), or Canada ( including any province thereof) will qualify as a AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance.
2. CO -EMPLOYEE COVERAGE AND CO -VOLUNTEER WORKERS
Subparagraphs ( a), (b) and ( c) under Paragraph 2. a.( 1) do not apply to " bodily injury" for which insurance is provided as follows:
a. Your " employees" are insureds with respect to " bodily injury" to a co -"employee" in the course of the co -"employee' s" employment by you, or to your " volunteer workers" while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business.
b. Your " volunteer workers" are insureds with respect to " bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your " employees" in the course of the employees" employment by you, provided that this coverage for your " volunteer workers" does not apply while performing duties unrelated to the conduct of your business.
3. INCIDENTAL MEDICAL MALPRACTICE — EMPLOYED NURSES, EMT' SAND PARAMEDICS a. Paragraph 2.a.( 1)( d) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only:
1) While performing the services described in the definition of "incidental medical malpractice injury"; and
2) When acting within the scope of their employment by you.
Any " employees" rendering " Good Samaritan Services" will be deemed to be acting within the scope of their employment by you.
b. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services for an " incidental medical malpractice injury" to any one person, will be considered one " occurrence'. c. This provision as provided in Paragraph 3. a. and 3. b. does not apply if:
1) You are in the business or occupation of providing any of the services described in ' incidental medical malpractice injury"; or
2) An endorsement is attached to this Policy that specifically provides liability coverage for registered or licensed practical nurses.
d. The insurance provided by Paragraph 3. a. and 3.b. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this Policy.
4. LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIP OR JOINT VENTURE a. The last Paragraph of SECTION II — WHO IS AN INSURED is deleted and replaced by the following:
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Declarations. This subparagraph does not apply to your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations.
b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.b. Excess Insurance is amended to add the following:
This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available to you for your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations and which is issued to such partnership or joint venture.
F. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2.a. and 2. b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the " occurrence", offense, claim or " suit" is known to:
a. You, if you are an individual;
b. A partner or member, if you are a partnership or joint venture; AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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c. An officer or director, if you are an entity other than a partnership, joint venture or limited liability company;
d. A member or manager, if you are a limited liability company; or e. An insurance manager, risk manager or other " employee" you designate prior to loss to give notice to us.
Knowledge of an " occurrence", offense, claim, or " suit" by your agent, servant or " employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge.
2. FAILURE TO DISCLOSE HAZARDS
The following is added to Paragraph 6. Representations:
If you unintentionally failed to disclose all hazards or prior " occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, we will not deny coverage under this Coverage Part because of such failure.
This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non - renewal.
3. SPECIAL EVENT PREMIUM RATING
The following is added:
Special Event Premium Rating
a. The rating for this endorsement includes the following special events:
1) All indoor special events with less than 2, 500 attendees that are less than 24 hours in duration; and
2) All outdoor special events with less than 2, 500 attendees that are fess than 24 hours in duration. b. The following special events shall be separately rated for additional premium. 1) Any special event that exceeds the number or attendees or duration as shown in 3. a.( 1) or 3. a.( 2) above;
2) Any parade, fair or carnival; or
3) Any athletic, sporting or motor vehicle event including walks, runs, tournaments, demonstrations, rallies or competitive activities.
4. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us:
We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any " occurrence", " suit" or the offense which caused the " bodily injury", "property damage" or " personal and advertising injury", provided that the occurrence", " suit" or the offense which caused the " bodily injury", "property damage" or " personal and advertising injury" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
G. SECTION V— DEFINITIONS is amended as follows:
1. BODILY INJURY
The definition of " bodily injury" in Paragraph 3. is deleted and replaced by the following:
Bodily injury" means bodily injury, "incidental medical malpractice injury", mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time.
2. PERSONAL AND ADVERTISING INJURY
If COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY is not otherwise excluded from this Policy, the definition in Paragraph 14. b. is deleted and replaced by the following:
b. Malicious prosecution or abuse of process;
The following is added:
Personal and advertising injury" also means " discrimination" or humiliation that results in injury to a natural person or their reputation, but only if such discrimination or humiliation is:
a) Not done intentionally by or at the direction of, or with the knowledge or consent of:
L Any insured; or
ii. Any executive officer, director, stockholder, partner or member of any insured organization; b) Not directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment, of any person or persons by any insured; c) Not prohibited by or held in violation of law, public policy, legislation, court decision or administrative AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INSURED
4 LOSANGE- 03 DNOCERO
AC -CPR b. CERTIFICATE OF LIABILITY INSURANCE DATE( MM
WY YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License # 0814758
Hoffman Brown Company
5000 Van Nuys Blvd. 6th Floor
Sherman Oaks, CA 91403
NAME CT Sandy McKenzie
PHONE
A/ C, No, Ext): (818) $0$- 1055 ( Aare, Ne):( 818) 986- 8510 EAs s : smckenzie@hortfmanbrawn. com
INSURERISI AFFORDING COVERAGE _ NAIC U
INSURER : Nova Casualty Company 42552
INSURED
Council for Watershed Health
177 E Colorado Blvd., Suite 200
Pasadena, CA 91105
INSURER B : Oak River Insurance Company 34630 -,.
INSURER C :
INSURER D :
INSURER E :
INSURER F :
ES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, XCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INS°
SURR
Nrr" D
POLICY NUMBER YYYPOLICYEFF
IMM/ DDl YJ
POLICY EXP
IMMIDD/ YYYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY
X CF1- ML- 10001174- 04 7/ 29/021 7/ 29/022
EACH OCCURRENCE S
1, 000,00
DAMAGETORENTED
PREMISES
R
occurrence! CLAIMS - MADE X OCCUR S. 100, 00
MED EXP ( Any one person) 5' aaa
PERSONAL & ADV INJURY S 1, 004,00
GENERAL AGGREGATE GEN' L
3, 000,00
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
JECT
PER:
LOC PRODUCTS - COMP/ O AGO 3, 000,00
A
i
AUTOM081LELIABILITY
X
ANY AUTO
OWNED
AUTOS ONLY
AUTOS ONLY X
SCHEDULED
AUTOS
ARM
X CF1- ML- 10001174- 04 712912021 712912022
COMBINED SINGLE LIMIT
S
1, 000,00
BODILY INJURY ( Per person) S
BODILYBODILY INJURY (Per accident) S -
Per
PROPERTYDAMAGE
S
A
X
UMBRELLALIAB
EXCESS LIAR
X OCCUR
CLAIMS - MADE CF1- UM- 10000388- 04 7/ 29/021 7/ 29/022 EACH OCCURRENCE 1, 000,00
AGGREGATE 1, 000,00
DED X RETENTIONS 10, 000 s
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OF' FICERIMEMB R EXCLUDED?
Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N ! A
COWC350538 1/ 2022 1/ 2023
y PER
X
STATUTE ER
E. L, EACH ACCIDENT S 1, 000,00
E. L. DISEASE - EA EMPLOYEE 5
1' 000'00
E. L. DISEASE - POLICY LIMIT S
1, 000, 000
DESCRIPTION OF OPERATIONS/ LOCATIONS 1 VEHICLES ( ACORD 105, Additional Remarks Schedule, may be attached If mo a space is required)
Grant Agreement No. 16-14
WARNING: Additional Insured Status is ONLY valid if required by written contract executed prior to the loss The City of South El Monte; The State of California, its officers, agents, and employees are named as Additional Insured on the General Liability and Auto Liability policies per attached policy form# AGL09340717
CERTIFICATE HOLDER
City of South El Monte
1415 Santa Anita Avenue
South El Monte. CA 91733
ACORD 25 ( 2016/ 03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE .•
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SOCIAL SERVICES - GENERAL LIABILITY EXTRA ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows:
1. EXPECTED OR INTENDED INJURY EXTENSION
Paragraph a. Expected Or Intended Injury is deleted and replaced by the following:
a. " Bodily injury" or " property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to " bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
2. NON OWNED AIRCRAFT CHARTERED WITH CREW EXTENSION
Paragraph g. Aircraft, Auto Or Watercraft is amended to add an exception provision to the exclusion as follows:
a. This exclusion does not apply to aircraft chartered with crew to any insured. b. This exception provision does not apply if the chartered aircraft is owned by any insured. c. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent.
3. NON OWNED WATERCRAFT EXTENSION
Subparagraph ( 2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following:
2) A watercraft you do not own that is:
a) Less than 60 feet long; and
b) Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured for aircraft, auto or watercraft whether primary, excess, or contingent.
4. PROPERTY SOLD OR ABANDONED BY YOU
Subparagraph ( 2) of j. Damage To Property is deleted and replaced by the following:
2) Premises you sell, give away or abandon, if the " property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned.
5. DAMAGE TO PREMISES RENTED TO YOU
a. The last Paragraph of 2. Exclusions is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. b. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of " property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. The Damage To Premises Rented To You limit will apply to all damage proximately caused by the same occurrence", whether such damage results from fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems, or any combination of any of these.
The Damage To Premises Rented To You Limit will be the higher of:
1) $1, 000,0; or
2) The amount shown on the Declarations for Damage To Premises Rented To You.
6. INVITEE PROPERTY DAMAGE LEGAL LIABILITY
a. The following is added to subparagraph ( 4) of j. Damage To Property:
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INSURED
COMMERCIAL GENERAL LIABILITY
However, this exclusion does not apply to " property damage" to your " invitee' s" personal property in your care, custody or control caused by fire, lightning, explosion, smoke, water, leaks from automatic fire protective systems; or vandalism or malicious mischief:
a) On premises you own or rent or on ways next to premises you own or rent; and b) Arising out of your operations.
For the purposes of this endorsement, personal property does not include any of the following:
c) Accounts, bills, currency, food stamps or other evidences of debt; deeds, money, notes, or securities;
d) Contraband, or property in the course of illegal transportation or trade; or e) Blueprints, documents, drawings, manuscripts, records or valuable papers. b. The following is added to SECTION III — LIMITS OF INSURANCE:
Subject to Paragraph 5. above, the most we will pay under Coverage A for the sum of all damages sustained by all " invitees"" because of " property damage" to personal property of such " invitees" in your care, custody or control is $ 15, 000.
7. Paragraph 2. Exclusions is amended to add the following exclusion:
Willful Violation Of A Penal Code Or Statute
Bodily injury", "incidental medical malpractice liability" or " property damage" arising out of the willful violation of a penal code, statute or regulation relating to the sale or distribution of pharmaceuticals by or with the knowledge or consent of the insured.
B. SECTION I — COVERAGES, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended as follows:
1. Subparagraph a. Knowing Violation Of Rights Of Another is amended to add the following:
This exclusion does not apply to " personal and advertising injury" caused by malicious prosecution.
2. Subparagraph e. Contractual Liability is deleted and replaced by the following:
e. Advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
This provision does not apply if COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is excluded by endorsement.
C. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1. is amended as follows:
1. The limit in subparagraph b. is increased to $ 2, 500.
2. The limit in subparagraph d. is increased to $ 500 a day.
D. ADDITIONAL INSUREDS
1. SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person( s) or organization( s) for whom a written contract or written agreement between you and such person( s) or organization( s) exists and requires such person( s) or organizations( s) to be added as an additional insured to your Policy, but only for liability arising out of "bodily injury," "property damage" or " personal and advertising injury".
a. This endorsement applies only if the written contract or written agreement is:
1) Currently in effect or becomes effective during the term of this Policy; and 2) Executed prior to the " bodily injury", "property damage", or "personal and advertising injury". b. The insurance afforded to such additional insured only:
1) Applies to the extent permitted by law; and
2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
2. The insurance provided to the additional insured by this endorsement applies as follows:
a. The person( s) or organization( s) is an additional insured but only for liability caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf:
1) In connection with your premises owned by or rented to you; or 2) In the performance of your ongoing operations.
b. If the additional insured is an architect, engineer or surveyor, this insurance does not apply to " bodily injury", "property damage" or " personal and advertising injury" arising out of the rendering of or failure to render any professional services including:
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COMMERCIAL GENERAL LIABILITY
1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
2) Supervisory, inspection or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the " occurrence" which caused the " bodily injury" or " property damage" or the offense which caused the " personal and advertising injury" involved the rendering of or the failure to render any professional services by or for you.
c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any " occurrence" which takes place after the equipment lease expires.
d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit:
1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decoration and similar exposures; 2) The construction, erection or removal of elevators; or 3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to:
1) "Bodily injury", "property damage" or " personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or 2) "Bodily injury" or " property damage" included within the " products -completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you.
This insurance does not apply to:
1) Any " occurrence" that takes place after you cease to be a tenant in that premises; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises.
g. If the additional insured is grantor of franchise, that person( s) or organization( s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or other interest from whom land has been leased, that person( s) or organization( s) is only an additional insured with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you.
This insurance does not apply to:
1) Any " occurrence" that takes place after you cease to lease that land; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person( s) or organization( s) is only an additional insured with respect to their liability as such and arising out of the ownership, maintenance or use of the premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee or receiver. j. If the additional insured is a controlling interest, that person( s) or organization( s) is an additional insured but only for their liability arising out of:
1) Their financial control of you; or
2) Premises they own, maintain or control while you lease or occupy those premises. 3) Their requirements for certain performance placed upon you, as a non- profit organization, in consideration for funding or financial contributions you receive from them; or As respects Paragraph j.(2) above, this insurance does not apply to:
4) Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization; or
5) Any " occurrence" which takes place after you cease to be a tenant in that premises.
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COMMERCIAL GENERAL LIABILITY
k. If the additional insured is a vendor, that person( s) or organization( s) is only an additional insured with respect to " bodily injury" or " property damage" arising out of " your products" which are distributed or sold in the regular course of the vendor' sbusiness, but only if this Policy provides coverage for "bodily injury" or "property damage" included within the " products - completed operations hazard". 1) This insurance afforded to the vendor does not apply to:
a) "Bodily injury" or " property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
b) Any express warranty unauthorized by you;
c) Any physical or chemical change in the product made intentionally by the vendor; d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container;
e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor' s premises in connection with the sale of "your products"; g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h) "Bodily injury" or " property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
i) The exceptions contained in subparagraphs k.( d) or k.( f); or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products".
2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
L If the additional insured is a member or volunteer this insurance only applies with respect to their liability for your activities or activities they perform on your behalf. m. If the additional insured is a trustee or member of the Board of Governors this insurance only applies with respect to their duties as such.
3. With respect to the insurance afforded to an additional insured as provided in Paragraphs D. 1. and D. 2. above, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
4. With respect to the insurance afforded to an additional insured as provided in Paragraphs D. 1. and D. 2. above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations.
5. If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above subsection D. ADDITIONAL INSUREDS does not apply to such person( s) or organization( s).
6. Paragraph 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include:
For the purposes of the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary and noncontributory.
E. SECTION II - WHO IS AN INSURED is amended as follows:
1. BROADENED NAMED INSURED
Paragraph 3. is deleted and replaced by the following:
3. Any business entity organized under the laws of the United States of America ( including any state thereof, its territories or possessions), or Canada ( including any province thereof) will qualify as a AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance.
2. CO -EMPLOYEE COVERAGE AND CO -VOLUNTEER WORKERS
Subparagraphs ( a), (b) and ( c) under Paragraph 2. a.( 1) do not apply to " bodily injury" for which insurance is provided as follows:
a. Your " employees" are insureds with respect to " bodily injury" to a co -"employee" in the course of the co -"employee' s" employment by you, or to your " volunteer workers" while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts the scope of their employment or while performing duties unrelated to the conduct of outside p by you your business.
b. Your " volunteer workers" are insureds with respect to " bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your " employees" in the course of the employees" employment by you, provided that this coverage for your " volunteer workers" does not apply while performing duties unrelated to the conduct of your business.
3. INCIDENTAL MEDICAL MALPRACTICE — EMPLOYED NURSES, EMT' SAND PARAMEDICS a. Paragraph 2. a.( 1)( d) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only:
1) While performing the services described in the definition of "incidental medical malpractice injury"; and
2) When acting within the scope of their employment by you.
Any " employees" rendering " Good Samaritan Services" will be deemed to be acting within the scope of their employment by you.
b. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services for an " incidental medical malpractice injury" to any one person, will be considered one " occurrence". c. This provision as provided in Paragraph 3. a. and 3. b. does not apply if:
1) You are in the business or occupation of providing any of the services described in " incidental medical malpractice injury"; or
2) An endorsement is attached to this Policy that specifically provides liability coverage for registered or licensed practical nurses.
d. The insurance provided by Paragraph 3. a. and 3.b. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this Policy.
4. LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIP OR JOINT VENTURE a. The last Paragraph of SECTION I1— WHO IS AN INSURED is deleted and replaced by the following:
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Declarations. This subparagraph does not apply to your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations.
b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. b. Excess Insurance is amended to add the following:
This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available to you for your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations and which is issued to such partnership or joint venture.
F. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2. a. and 2. b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the " occurrence", offense, claim or " suit" is known to:
a. You, if you are an individual;
b. A partner or member, if you are a partnership or joint venture; AG L09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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c. An officer or director, if you are an entity other than a partnership, joint venture or limited liability company;
d. A member or manager, if you are a limited liability company; or e. An insurance manager, risk manager or other " employee" you designate prior to loss to give notice to us.
Knowledge of an " occurrence", offense, claim, or " suit" by your agent, servant or "employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge.
2. FAILURE TO DISCLOSE HAZARDS
The following is added to Paragraph 6. Representations:
If you unintentionally failed to disclose all hazards or prior " occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, we will not deny coverage under this Coverage Part because of such failure.
This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non - renewal.
3. SPECIAL EVENT PREMIUM RATING
The following is added:
Special Event Premium Rating
a. The rating for this endorsement includes the following special events:
1) All indoor special events with less than 2, 500 attendees that are less than 24 hours in duration; and
2) All outdoor special events with less than 2, 500 attendees that are less than 24 hours in duration. b. The following special events shall be separately rated for additional premium:
1) Any special event that exceeds the number or attendees or duration as shown in 3. a.( 1) or 3. a.( 2) above;
2) Any parade, fair or carnival; or
3) Any athletic, sporting or motor vehicle event including walks, runs, tournaments, demonstrations, rallies or competitive activities.
4. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us:
We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any " occurrence", "suit" or the offense which caused the " bodily injury", "property damage" or "personal and advertising injury", provided that the occurrence", "suit" or the offense which caused the " bodily injury", "property damage" or " personal and advertising injury" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
G. SECTION V — DEFINITIONS is amended as follows:
1. BODILY INJURY
The definition of "bodily injury" in Paragraph 3. is deleted and replaced by the following:
Bodily injury" means bodily injury, " incidental medical malpractice injury", mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time.
2. PERSONAL AND ADVERTISING INJURY
If COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY is not otherwise excluded from this Policy, the definition in Paragraph 14. b. is deleted and replaced by the following:
b. Malicious prosecution or abuse of process;
The following is added:
Personal and advertising injury" also means " discrimination" or humiliation that results in injury to a natural person or their reputation, but only if such discrimination or humiliation is:
a) Not done intentionally by or at the direction of, or with the knowledge or consent of:
i. Any insured; or
ii. Any executive officer, director, stockholder, partner or member of any insured organization; b) Not directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment, of any person or persons by any insured; c) Not prohibited by or held in violation of law, public policy, legislation, court decision or administrative AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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COMMERCIAL GENERAL LIABILITY
ruling;
d) Not arising out of any "advertisement" by the insured.
3. INSURED CONTRACT
a. Subparagraph a. of the definition of " insured contract" is deleted and replaced by the following:
a. A contract for a lease of premises.
b. Subparagraph f. of the definition of " insured contract" is deleted and replaced by the following:
f. That part of any other contract or agreement pertaining to your business ( including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for " bodily injury" "property damage" or personal and advertising injury" to a third party or organization. Tort liability means a liability that
would be imposed by law in the absence of any contract or agreement.
4. PRODUCTS - COMPLETED OPERATIONS HAZARD
The definition of " products -completed operations hazard' in Paragraph 16. is amended to add the following:
Includes all " bodily injury" and " property damage" arising out of your " designated products" on premises you own or rent; on premises used by you for a special event related to your business; or on connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of- way of a railroad, next to any such premises you own or rent, or use for a special event.
For the purpose of this definition, "designated products" means apparel, buttons, CD' s, DVD' s, posters, stickers, tapes and other similar products used to promote a special event related to your business.
The following definitions are added:
5. " Discrimination" means:
a. Unfair treatment of a natural person or organization including but not limited to discrimination based upon race, color, ethnic or national origin, religion, age, gender, marital status, sexual orientation or preference, pregnancy, physical disability or impairment, or mental disability or impairment; or b. Any act or conduct that would be considered " discrimination" under any applicable federal, state, or local statute, ordinance or law.
6. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remuneration is requested or paid.
7. " Incidental medical malpractice injury" means " bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services:
a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages;
b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid.
8. " Invitee" means any of your clients, customers, guests, members, patrons, supporters, and " volunteer workers"; however, it does not include any person who is your " employee", " temporary worker" or independent contractor.
All other terms and conditions of the policy remain unchanged.
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INSURED
01257.0006/971238.3 Page 1 of 2
ATTACHMENT A
RESOLUTION NO. 24-139
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING PLANS AND SPECIFICATIONS AND AWARDING
CONSTRUCTION AGREEMENT TO CALPROMAX
ENGINEERING, INC. FOR THE TRAFFIC SIGNAL
IMPROVEMENTS AT LEE AVE & GARVEY AVE AND DURFEE
AVE & PECK RD
WHEREAS, the City of South El Monte desires to construct traffic signaling improvements including: installation of conduits, pull boxes, signal heads, sensor units, pedestrian push buttons, traffic signal poles, traffic striping, hauling and disposal, and traffic control at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd ; and
WHEREAS, the City solicited bids for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd Project on February 20, 2024, and the City received seven (7) bids for the Project on March 13, 2024; and
WHEREAS, City staff evaluated all bids and determined Calpromax Engineering, Inc., submitted the lowest responsive bid 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. The City Council hereby adopts and approves the plans and specifications for Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd Project, with respect to design and criteria. Copies of the plans and specifications are on file in the City’s Engineering Department.
SECTION 3. Upon reviewing the bids submitted for the work to be performed pursuant to contract and the plans and specifications, the City Council hereby finds that Calpromax Engineering, Inc. submitted the lowest responsive bid for the project, in the amount of $437,390.
SECTION 4. The City Council hereby authorizes and directs the City Manager to execute a construction agreement with Calpromax Engineering, Inc. for the project, subject to review and approval as to form by the City Attorney. The Council further directs the City Manager to take all actions necessary to effectuate the agreement.
SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution.
01257.0006/971238.3 Page 2 of 2
PASSED, APPROVED and ADOPTED this 26th day of March 2024. _____________________________
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. 24-139 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 26th day of March 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
AMENDMENT NO. 01
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment”) by and between the CITY OF SOUTH EL MONTE, a California municipal corporation (“City”) and the COUNCIL FOR WATERSHED HEALTH, a 501(c)3 non-profit corporation (“Sub-Consultant”) made effective on the 12th day of October, 2021.
City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City submitted proposals for the California Natural Resources Agency (“CNRA”) Green Infrastructure Grant; for the CA State Water Resources Control Board (“SWRCB”) Stormwater Program; and for the LA County Flood Control District’s Safe Clean Water Program - Regional Funds (LACFCD) for the Merced Avenue Greenway South Implementation Project.
B. The City was selected as a Grantee; and City and the CNRA entered into a Grant Agreement on July 20, 2021. The Grant Agreement is attached hereto as Exhibit E.
B.1. The City was selected as a Grantee; and City and the SWRCB entered into a Grant Agreement with effective date of October 1, 2021. The Grant Agreement is attached hereto as Exhibit E-1.
B.2. The City was selected as a Grantee; and City and the LACFCD entered into a Grant Agreement on October 20, 2021. The Grant Agreement is attached hereto as Exhibit E-2.
C. In the City’s proposals, the City listed Council for Watershed Health (“Sub-Consultant”) as a subgrantee to implement the proposals and is listed within each grant agreement budget.
D. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
E. The Parties desire to formalize sub-grantee Consultant’s 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:
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. All other terms and conditions remain unchanged.
1 ATTACHMENT D
a. ARTICLE 1. SERVICES OF SUB-CONSULTANT
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Sub-Consultant shall provide those services specified in the “Scope of Services” attached hereto as updated Exhibit “A” dated September 27 2023 and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.”
b. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
“2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Sub-Consultant the amounts specified in the "Schedule of Compensation" attached hereto as updated Exhibit "C" dated September 27, 2023 and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Twelve Thousand, Four Hundred Forty-Seven Dollars ($412,447.00) Nine Hundred Twelve Thousand, Two Hundred Ninety-Seven Dollars ($912.297) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.9.”
c. ARTICLE 3. PERFORMANCE SCHEDULE
“3.2 Schedule of Performance. Sub-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 updated Exhibit "D" dated September 27, 2023 and incorporated herein by this reference. When requested by the Sub-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.” “3.4 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 three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). The City may, in its sole discretion, extend the Term for one (1) additional one- year term.”
Before the Services are complete, CITY OF SOUTH EL MONTE may terminate or suspend this Agreement for any reason by providing SUBCONSULTANT with seven days’ notice in writing. In either case, SUBCONSULTANT shall immediately stop work under the Agreement and take all reasonable measures to prevent further costs to CITY OF SOUTH EL MONTE. CITY OF SOUTH EL MONTE shall be responsible for any reasonable and non-cancelable obligations incurred by SUB-CONSULTANT in the performance of this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this Agreement. Any notice suspending Services under 2
this Agreement shall remain in effect until further written notice for CITY OF SOUTH EL MONTE authorizes Services to resume.
If SUB-CONSULTANT fails to complete the Services as required, or fails to fulfill any other obligations of this Agreement prior to the termination date, SUBCONSULTANT shall be liable for immediate repayments to CITY OF SOUTH EL MONTE of all amounts disbursed by CITY OF SOUTH EL MONTE under this Agreement. CITY OF SOUTH EL MONTE may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed.
This paragraph shall not be deemed to limit any other remedies CITY OF SOUTH EL MONTE may have for breach of this Agreement.
Before the Services are complete, SUB-CONSULTANT may terminate this Agreement for any reason by providing CITY OF SOUTH EL MONTE with seven days’ notice in writing and repaying to CITY OF SOUTH EL MONTE all amounts disbursed by CITY OF SOUTH EL MONTE under this Agreement. CITY OF SOUTH EL MONTE may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed.
On or before the date of termination of the Agreement under this Section, whether terminated by SUB-CONSULTANT or CITY OF SOUTH EL MONTE, SUBCONSULTANT shall provide CITY OF SOUTH EL MONTE with all work, materials, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form.
The Parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement under this Section.
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and SubConsultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Sub-Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Sub-Consultant that, as of the date of this Amendment, SubConsultant is not in default of any material term of the Agreement and that there have been no events 3
that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
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
_________________________________
Rene Salas, City Manager
ATTEST:
_________________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
Anthony R. Taylor, City Attorney
SUB-CONSULTANT:
COUNCIL FOR WATERSHED HEALTH, a
501(c)(3) non-profit corporation
By:
Eileen Alduenda
Executive Director
Address:
177 E. Colorado Blvd, Suite 200
Pasadena, CA 91105
4
EXHIBIT "A"
Updated September 27, 2023
SCOPE OF SERVICES
I. Sub-Consultant will perform the following project administration services for the Merced Avenue South Greenway Implementation Project:
A. Project Administration and Contract Procurement:
• Sub-Consultant will manage its team (ActiveSGV, Climate Resolve, TetraTech/Alta, Herrera Environmental Consultants, SGVCC, Other as warranted), who are tasked with engagement, outreach, education, monitoring, and training in the CNRA Prop 68 Grant (Attached as Exhibit E); the SWRCB Prop 1 Stormwater Grant (Exhibit E-1); and LACFCD Safe Clean Water Program - Measure W Grant (Exhibit E-2).
E. Water Quality & Urban Heat Island (UHi) Monitoring:
• Sub-Consultant will monitor water quality and landscape health to evaluate successes and outcomes.
• Sub-Consultant will develop a post-construction monitoring plan to measure the effectiveness of the BMP treatment train.
• Sub-Consultant will monitor conditions for two years post construction in order to develop baseline data. Climate Resolve will be conducting a post--construction urban heat island (UHI) study to track shading and hardscape reduction improvements. As part of the grant requirements, the City will also be hiring the San Gabriel Conservation Corps to plant 130 street trees on Merced Avenue. • Sub-Consultant will support installation of Water Quality Monitoring Equipment and provide hands-on training in its operation and sample collection protocols.
• Consultant will work with the City CIP Manager and Construction contractor to provide hands-on training for planting the trees as well as care and maintenance.
F. O & M Training
• Sub-Consultant will work with the City CIP Manager and Construction contractor to provide hands-on training for planting the trees as well as care and maintenance. 5
V. Sub-Consultant will utilize the following personnel to accomplish the Services:
A. Eileen Alduenda, Executive Director
B. Jason Casanova, Director of Planning
C. Rumi Yanakiev, Director of Operations and Finance
D. Andrea Dell' Apa Deborah Enos, Project Manager
E. Yareli Sanchez, Sr. Scientist
F. Drew Ready, Sr. Programs Manager
G. Elise Eberhard TBD, GIS Analyst & Digital Communications H. Amanda Zeidner, Community Communications Coordinator I. CWH’s sub-consultants: ActiveSGV, Climate Resolve, TetraTech/Alta, Herrera Environmental Consultants, San Gabriel Valley Conservation Corps, other as warranted
6
EXHIBIT "C"
Updated Sep 27, 2023
SCHEDULE OF COMPENSATION
I. Sub-Consultant shall perform the following tasks at the following rates:
Current Amendment New
Sub-Budget
Task Description Total CNRA SWRCB SCWP - Regional
Task A Project Management $119,624 $146,743 $266,367
Task B Construction Bid
Package
$44,420 $44,420
Task C Community
Engagement
$92,595 $40,242 $70,011 $202,848
Task D Construction
Monitoring &
Technical Services
$114,940 $114,940
Task E LID/BMP/UHI/WQ
reporting/support
$40,868 $47,920 $155,042 $243,830
Task F O & M Training $39,892 $39,892
Grand Total $412,447 $88,162 $411,688 $912,297
$499,850
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. 7
EXHIBIT "D"
Updated Sep 27, 2023
SCHEDULE OF PERFORMANCE
I. Sub-Consultant shall perform all services timely in accordance with the following schedule:
TASK DESCRIPTION Deadline
Task A - Project Management 4/30/2026
Task B - Construction Bid Package 12/31/2023
Task C - Community Engagement 12/31/2025
Task D - Construction Monitoring & Technical Services 2/15/2025 Task E - LID/BMP/UHI/WQ reporting/support 4/30/2026
Task F - O & M Training 1/31/2025
8
Exhibit E1
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Regional Program
Agreement No. 2021RPRH04
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
CITY OF SOUTH EL MONTE
AGREEMENT NO. 2021RPRH04
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of October 20, 2021 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of South El Monte for Merced Ave Greenway (Phase I - South Residential Corridor), hereinafter referred to as "Recipient." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program;
WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Activity Completion” means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. “Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto.
Exhibit E2
39
Regional Program
Agreement No. 2021RPRH04
“Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. “Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan.
“Year” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Recipient:
Name: Melanie Morita Name: Rachel Barbosa
Address: 11th Floor, PO Box 1460,
Alhambra, CA 91802-1460
Address:
Phone: (626) 300-2380 Phone:
Email: [email protected] Email: [email protected] Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – SPECIAL CONDITIONS
EXHIBIT D – ADDENDUM TO AGREEMENT
EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices) 1415 Santa Anita Ave.
South El Monte, CA 91733
(626) 579-6540 ext.3216
40
Regional Program
Agreement No. 2021RPRH04
EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. ACTIVITY COMPLETION
A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A,
B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code.
C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions.
V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY
A. The District shall disburse the SCW Program Contribution for the 2021-2022 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of the execution of this Agreement by the last party to sign.
B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2021-22 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
E. The Recipient shall submit the scope of work described in Exhibit A 45-days after receipt of this Agreement. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, subsequent Exhibit A – Scope of Work will be required 45-days after receipt of the addendum to this Agreement. 41
Regional Program
Agreement No. 2021RPRH04
VI. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. 42
Regional Program
Agreement No. 2021RPRH04
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Rio Hondo
City of South El Monte
Merced Ave Greenway (Phase I - South Residential
Corridor)
By: ____________________________________
Name:
Title:
Date: __________________________________
Rachel Barbosa
City Manager 1/20/22
43
Regional Program
Agreement No. 2021RPRH04
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name: Carolina T Hernandez
Title: Assistant Deputy Director
Date: __________________________________ 02/22/2022
44
Exhibit A-1
45
Unit Price
Unit of
measurement Qty Total cost
SCWP
YEAR 1
SCWP
YEAR 2
CNRA
Prop 68 GI
WATER BOARD
Prop 1 SW
USBR
WaterSmart
RMC
Prop 68
City of South El
Monte (In-Kind)
A Direct Construction Management/Grant Admin
1 Staff Time $613,356 hours varies $613,356 $200,000 $95,039 $318,317 B Planning, Design & Permitting
1 Design completed2 Environmental Documents completed3 Engineering completed4 Permitting C Council for Watershed Health
1 Project Management $266,367 hours varies $266,367 $128,253 $119,624 $18,490 2 LID BMP Monitoring $126,575 varies varies $126,575 $55,387 $23,268 $47,920 Monitoring Plan and PAEP $11,128 hours varies $11,128 $11,128 MRP/QAPP $12,140 hours varies $12,140 $12,140
Water Quality Monitoring $66,658 hours varies $66,658 $39,195 $27,463 Monitoring Equipment $20,457 LS varies $20,457 $20,457
BMP/Plant Health Monitoring $16,191 hours varies $16,191 $16,191 3 O&M Training $39,892 hours varies $39,892 $39,892
D
1 Community Outreach/Stewardship/Training $178,848 hours varies $178,848 $70,011 $68,595 $40,242 E
1 Community Outreach $24,000 hours varies $24,000 $24,000 2 UHI Monitoring $70,113 hours varies $70,113 $12,513 $40,000 $17,600 F
1 Bid Review $44,420 hours varies $44,420 $44,420
2 Construction Support Services $114,940 hours varies $114,940 $114,940 $1,478,511 $340,766 $300,329 $730,764 $88,162 $18,490 $0 $0 G Site Preparation varies varies varies $1,629,159 $121,522 $1,499,448 $8,190 $0 $0 $0 1 Mobilization / Demobilization $292,424.00 LS 1 $292,424 $292,4242 Site prep & Demolition varies varies varies $1,336,735 $121,522 $1,207,024 $8,190 $0 $0 $0 AC Pavement Removal (Including Agg. Base) $8.80 SF 112,082 $986,322 $89,666 $896,656 Sidewalk Removal $29.70 SY 4,304 $127,829 $11,621 $116,208 Concrete Curb and Gutter Removal $11.00 LF 6,730 $74,030 $6,730 $67,300 Concrete Spandrel Removal $22.00 SF 1,901 $41,822 $3,802 $38,020 Cross Gutter Removal $11.00 SF 543 $5,973 $543 $5,430
Additional Excavation for Bikeway $6.60 CY 592 $3,907 $355 $3,552 Additional Excavation for Bioretention $13.20 CY 1,265 $16,698 $1,518 $15,180 Additional Excavation for Infiltration Gallery $8.80 CY 93 $818 $74 $744 Additional Excavation for Planters $6.60 CY 1,641 $10,831 $985 $9,846 Additional Excavation for Permeable Pavers $6.60 CY 965 $6,369 $579 $5,790 Hauling $13.20 CY 3,724 $49,157 $4,469 $44,688
Remove tree $2,068.00 EA 5 $10,340 $940 $9,400
Remove & relocate sign & post $220.00 EA 12 $2,640 $240 $2,400 H Pavement varies varies varies $3,054,915 $1,454,862 $500,388 $1,099,665 $0 $0 $0 1 Grind and Overlay (2.5") $23.83 SY 11,870 $282,815 $25,711 $257,104 2 6" Curb $22.00 LF 3,563 $78,386 $7,126 $71,260
3 6" Curb and Gutter $55.00 LF 2,059 $113,245 $10,295 $102,950 4 Gutter $33.00 LF 1,357 $44,781 $4,071 $40,710
5 Concrete Sidewalk $14.85 SF 34,423 $511,182 $46,471 $464,711 Merced Avenue Greenway Implementation Project South El MonteGrant BudgetSep 2021 Project elements
NON-CONSTRUCTION (not to exceed 25% of grant)
Project Partners
Active SGVClimate ResolveProject Designers - Tetra Tech/Alta Total non-construction costs (not to exceed 25%)
CONSTRUCTION
46
6 Curb Extension (Planter) $8,580.00 EA 4 $34,320 $34,320 7 ADA Curb Ramp $9,350.00 EA 18 $168,300 $15,300 $153,0008 Cross Gutter $33.00 SF 219 $7,227 $657 $6,5709 Elevated Bikeway $16.50 SF 27,424 $452,496 $41,136 $411,360 10 Bikeway Agg. Base $41.80 TON 686 $28,675 $2,607 $26,06811 Bicycle Ramp $2,750.00 EA 20 $55,000 $5,000 $50,00012 AC Pavement $132.00 TON 2,056 $271,392 $271,39213 AC Pavement Agg. Base $41.80 TON 4,318 $180,492 $180,49214 Concrete Landscape Curb $16.50 LF 224 $3,696 $336 $3,36015 Monolithic Wall at Bio Planters $66.00 LF 8,150 $537,900 $537,90016 Concrete Buffer $14.85 SF 2,207 $32,774 $32,77417 12" Pedestrian Strip $22.00 LF 2,688 $59,136 $59,13618 4" Pedal Safe Curb $22.00 LF 3,835 $84,370 $84,37019 4" Planter Curb $19.80 LF 720 $14,256 $1,296 $12,96020 Curb Cut $110.00 EA 102 $11,220 $11,22021 Driveway Apron $13.20 SF 6,307 $83,252 $83,252 I Signals and Signage (street) varies varies varies $79,882 $7,262 $8,200 $64,420 $0 $0 $0 1 Stop Bar (12" Wide) $4.40 LF 291 $1,280 $116 $1,164
2 Stop Pavement Marking $550.00 EA 16 $8,800 $800 $8,000 3 Bicycle Stop Pavement Marking $330.00 EA 4 $1,320 $120 $1,200 4 Continental Crosswalk $4.40 SF 2,160 $9,504 $864 $8,640 5 Conflict Striping @ Intersections $550.00 EA 7 $3,850 $350 $3,5006 White Bicycle Lane Pavement Marking $275.00 EA 20 $5,500 $500 $5,000 7 Bicycle Signal Detection $2,200.00 EA 1 $2,200 $200 $2,000 8 Traffic and Wayfinding Signage $412.50 EA 27 $11,138 $1,013 $10,125 9 Center Turn Lane Pavement Marking $220.00 EA 14 $3,080 $280 $2,800 10 Center Turn Lane Striping $3.30 LF 6,065 $20,015 $1,820 $18,19511 Parking Lane Striping $2.20 LF 5,432 $11,950 $1,086 $10,864 12 Red Curb Paint $2.20 LF 566 $1,245 $113 $1,132
J Landscape and Irrigation varies varies varies $775,420 $10,020 $100,200 $0 $0 $665,200 $0 1 15-gal tree+ deepwell irrigation $660.00 EA 40 $26,400 $2,400 $24,0002 15-gal tree $440.00 EA 93 $40,920 $3,720 $37,2003 Treevault structural root system $25.30 SF 7,691 $194,582 $194,5824 Soil Prep and Amendment $11,000.00 LS 1 $11,000 $1,000 $10,000 5 Shrubs, grasses, & groundcover $13.20 SF 19,447 $256,700 $256,7006 Irrigation POC (incl. meter, backflow) $9,900.00 LS 1 $9,900 $900 $9,000 7 Irrigation Controllers and Misc. Irrigation Equipment $5,500.00 EA 4 $22,000 $2,000 $20,000 8 Shrub & groundcover irrigation $11.00 SF 19,447 $213,917 $213,917 K Water Quality Treatment varies varies varies $1,312,401 $11,546 $0 $1,019,391 $281,463 $0 $0 1 Bioretention with underdrain $19.25 SF 2,643 $50,878 $50,878 2 Trenching for Drain Connection to Storm Drain $4 LF 559 $2,460 $2,460 3 4" Underdrain $77 LF 356 $27,412 $27,412
4 18" RCP Storm Drain $77 LF 386 $29,722 $29,722
5 Bioretention without Underdrain $19.25 SF 4,187 $80,600 $80,6006 Infiltration Gallery $9.90 CF 1,037 $10,266 $9,333 $933 7 Gravel (Additional 1.5' Below Infiltration Gallery) $2.75 CF 627 $1,724 $156 $1,568 8 Grated Curb Inlet -Guardians $11,000.00 EA 9 $99,000 $90,000 $9,000 9 Junction Structure (connection to SD system) $11,000.00 EA 5 $55,000 $50,000 $5,000 10 Storm Drain Pipe Penetration $550.00 EA 8 $4,400 $400 $4,000 11 Storm Drain Manhole Junction Structure (in Focal Points) $11,000.00 EA 2 $22,000 $2,000 $20,00012 Grated Inlet (focal overflow) $11,000.00 EA 6 $66,000 $6,000 $60,00013 Biofiltration Clean-Out $1,100.00 EA 29 $31,900 $29,000 $2,900 14 High Infiltration Biofiltration Media $220.00 SF 1,907 $419,540 $381,400 $38,140 15 Permeable Pavers (AC) $16.50 SF 10,420 $171,930 $156,300 $15,630 16 RTANK $2.75 CF 53,000 $145,750 $132,500 $13,250
17 Non-bioretention Planter Area $5.50 SF 11,078 $60,929 $55,390 $5,539 18 Lysimeter $32,890 EA 1 $32,890 $2,990 $29,900
L Utilities varies varies varies $311,667 $161,667 $0 $150,000 $0 $0 $0 1 Utility Allowance for Adjustments/Protection/Coordination $146,667.40 LS 1 $146,667 $146,6672 Remodel Large Existing Catch Basin $27,500.00 EA 3 $82,500 $7,500 $75,000 3 Remodel Small Existing Catch Basin $16,500.00 EA 3 $49,500 $4,500 $45,000 47
4 Remodel Storm Culvert sidewalk culvert $11,000.00 EA 3 $33,000 $3,000 $30,000 M Temporary Traffic Control 146,667.40 LS 1 $146,667 $146,667 $0 $0 $0 $0 $0 N Other varies varies varies $406,957 $236,570 $11,000 $159,387 $0 $0 $0 1 Inspections $338,551 LS 1 $338,551 $184,664 $153,887
2 O&M Manuals $3,667.40 LS 1 $3,667 $3,667
3 Record Drawings $3,667.40 LS 1 $3,667 $3,667
4 Hazard Insurance / Bond $44,571 LS 1 $44,571 $44,571
5 Funding Acknowledgement Signs $5,500 EA 3 $16,500 $11,000 $5,500 $7,717,068 $2,150,116 $0 $2,119,236 $2,501,053 $281,463 $665,200 $0 $771,707 $443,483 $0 $150,000 $0 $0 $66,520 $111,704
$9,967,286 $2,934,365 $300,329 $3,000,000 $2,589,215 $299,953 $731,720 $111,704 Contingency (10%)
Project Grant Total Total Construction
48
Exhibit A-2
49
A-2. Consistent with SCW Program Goals
The following summarizes how the Funded Activities for the Merced Avenue Greenway will achieve the identified Safe Clean Water Program Goals (Chapter 18.04):
GOAL 1. Improve water quality and contribute to attainment of water-quality requirements.
The Project’s “treatment train” including the permeable pavement, and bioretention and biofiltration areas will reduce pollutant loading, including 303(d) listed parameters. Estimated pollutant load reductions are presented in the table below. Pollutant loading reduction is consistent with the performance objectives of the ULAR EWMP as runoff from the critical bacteria storm (first flush) is retained prior to discharge to receiving water. Annual pollutant loads from the contributing DMA will be reduced 30-85%. The total average annual volume captured and treated is estimated to be 21.5 acre-feet.
Project average annual pollutant load reductions.
Metric
Project Average Annual
Load Reduction
(lbs. unless noted)
Average Annual
Loading from 45.7-
acre drainage area
Average Annual Percent
Reduction from 45.71-
acre drainage area
Total
Suspended
Solids
4641.44 5612.75 83%
Copper* 0.67 1.69 57%
Zinc 4.64 9.06 51%
Nitrate 24.67 81.85 30%
Fecal
Coliform
(MPN)*
2.46 x 10 12 5.57 x 10 12 44%
*303(d) impairments for Rio Hondo
**TMDL for Los Angeles River
GOAL 2. Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
BMPs were sized to capture, treat, and infiltrate the runoff volume from the 85th percentile, 24- hour storm event. The total average annual volume infiltrated is estimated to be 6.47 acre-feet.
The Greenway will also connect to San Gabriel Valley Water Company’s recycled water line for supplemental irrigation of local native and climate appropriate plants, which have reduced water needs once established.
50
GOAL 3. Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
The Project will add 133 trees, native vegetation, and permeable, cooler surfaces that will lower ambient temperatures along the corridor, sequester carbon, remove greenhouse gas emissions, decrease energy use, and promote climate-resilient transportation methods. A key to improving health outcomes and the overall quality of life for the City’s residents is to enhance this corridor and its connections. Park space statistics from the LA County-wide comprehensive Parks and Recreation Needs Assessment Study indicate that the City of South El Monte has only 0.7 park acres per 1,000 people. Only 36% of residents live within a half-mile of a park. Obesity rates are high (35% of children and 30% of adults). This urban greenway along Merced Avenue will help create a safe healthy connection to the Whittier Narrows Recreation Area for residents of both South El Monte and the adjacent community of El Monte to the north.
GOAL 4. Leverage other funding sources to maximize SCW Program Goals.
The design and completed construction of the Merced Avenue Greenway will leverage over $7.6M in Federal, State, and private philanthropy funds to compliment the $3.2M provided through the Safe Clean Water Program.
GOAL 5. Invest in infrastructure that provides multiple benefits.
The Project includes replacement of an existing impervious street with green infrastructure (i.e., bioretention and trees) along the street right-of-way that will provide community and public health benefits including new urban green space, decreased ambient temperatures and extreme heat, increased pedestrian and bike mobility and safety, connection to recreational use areas, and educational opportunities.
GOAL 6. Prioritize Nature-Based Solutions.
The Project will include a number of important nature-based solutions such as re-establishing natural drainage and treatment processes and the re-establishment of subsurface soil biology/biochemical processes that mimic pre-urban conditions of forested watersheds. The Project’s native vegetation and 132 trees will provide delivery of organic dissolved and particulate organic matter (i.e., detritus) that is fundamental to the basis of the food chain but has been greatly diminished due to urbanization. As the trees and native shrubs mature, they will also provide shelter, food, and cooling for birds, lizards, insects, etc. 51
GOAL 7. Provide a spectrum of project sizes from neighborhood to regional scales.
This distributed neighborhood scale project (0.65 mile greenway) is intended to provide a realworld model of watershed-based design that integrates many ongoing efforts in the region to address flood management, water quality and climate resilience.
GOAL 8. Provide DAC Benefits, including Regional Program infrastructure investments, that are not less than one hundred and ten percent (110%) of the ratio of the DAC population to the total population in each Watershed Area.
The construction and completion of the greenway will serve approximately 1215 households and 5594 residents in the immediate neighborhoods to the east, west, north and, south of the street corridor. Of those 5594 residents, 74% of this population lives within a disadvantaged community. According to the California Department of Water Resources “Disadvantaged Community” designation, the neighborhoods directly to the east side of the street and on the northern end of the project are considered “severely disadvantaged” (23% of the total residents served by the project). “Severely Disadvantaged” and “Disadvantaged” designations are based on an annual median household income (MHI) that is less than 80% and 60% (respectively) of the Statewide annual MHI ($71,228).
GOAL 9. Implement an iterative planning and evaluation process to ensure adaptive management.
By monitoring pre- and post-construction water quality, habitat benefits, urban heat island effect, and pedestrian and bicyclist counts, the data collected from these performance monitoring efforts of the Greenway will contribute needed data to drive adaptive management and design improvements on future projects.
GOAL 10. Promote green jobs and career pathways.
The San Gabriel Valley Conservation Corps (SGVCC) employs, educates, and trains youth from the surrounding communities on environmental stewardship and landscape maintenance. The Project will coordinate with SGVCC on the opportunity to hire youth from their training program to assist with planting 130 trees. In addition, Council for Watershed Health will be training SGVCC and Active SGV staff on monitoring and maintenance needs to support longterm stewardship along the greenway. 52
Exhibit A-3
53
MERCED AVENUE GREENWAY ‐ CITY OF SOUTH EL MONTE SCWP (RIO HONDO) TOTAL BUDGET
0.00 Task 0: Project Management
0.01 Project Administration and Contract Procurement $0 $12,268
0.02 Project Management $218,692 $366,433
1.00 Task 1: Const. Bid Package
1.01 Construction Bid Package Advertise, Review, Award $0 $88,406
1.02 City Council Approval $0 $6,134
2.00 Task 2: Community Engagement and Outreach
2.01 Project Status Public Engagement and Communication $0 $108,837
2.02 Climate Resiliency Public Outreach $0 $24,000
3.00 Task 3: Notice to Proceed and Construction
3.01 Construction Management $147,520 $306,678
3.02 Construction Support Services $0 $114,940
3.03 Mobilization $0 $292,424
3.04 Site Preparation/Demolition $121,522 $1,336,735
3.05 Pavement $1,454,862 $3,054,915
3.06 Signals & Signage $7,262 $79,882
3.07 Landscape and Irrigation $10,020 $775,420
3.08 Water Quality Treatment $11,546 $1,312,401
3.09 Utilities $161,667 $311,667
3.10 Other (Traffic Control, Inspection) $383,237 $553,624
4.00 Task 4: Monitoring/Landscape Establishment/Training
4.01 Monitoring $91,708 $180,496
4.02 Landscape Establishment $16,191 $16,191
4.03 Training $109,903 $109,903
5.00 Task 5: Program Reporting and Close‐Out
5.01 Program Reporting $57,081 $131,958
5.02 Program Close‐Out $0 $12,267
Construction Contingency: $443,483 $771,707
PROJECT TOTALS: $3,234,694 $9,967,286
Estimated Reasonable Total Activity Cost
54
Exhibit A-4
55
Merced Avenue Greenway Project Implementation Scope (9.14.21) City streets now are recognized as important public spaces that must meet the needs of pedestrians, bicyclists and motorists, as well as achieve specific stormwater standards while mitigating the impacts of climate change. The City of South El Monte, a highly urbanized and severely disadvantaged community located in the San Gabriel Valley of Los Angeles County, is constructing its first livable green street along the southern, residential section of Merced Avenue. Merced Avenue currently has four through-lanes and lacks any vegetation, canopy cover, or permeable surfaces. The corridor's existing single-purpose design coupled with minimal greening and lack of Best Management Practices to address stormwater from the runoff of nearby industrial land uses elevates the need for a multi-benefit solution. This project aims to change Merced Avenue into a community resource. The construction of the 0.65-mile Greenway will help maximize the City's opportunities to clean and capture stormwater, reduce greenhouse gas emissions and urban heat island effect, and provide safe active transit connections to local parks and river connections.
Task 0.00 – Project Administration and Contract Procurement: Coordination of all partners, subcontractors, outside agencies, and funders. Manage construction timeline and attend project monthly team meetings. Procure contractors for the construction of the project including following all City procurement rules for professional services. Deliverables: Subcontract(s), monthly team meeting agendas and minutes.
Task 1.00 – Construction Bid Package: Review the construction bid documents to make sure that all requirements are included as it relates to Federal or State funding documentation. Oversee the bid package advertisement, contractor selection process, City Council approval, contractor award notification, and notice(s) to proceed. Deliverables: Bid package, document responses to bidder inquiries, award notification.
Task 2.00 – Community Engagement and Outreach: (See A-8. Engagement Plan). Notify the community of the construction timeline and potential lane closures and neighborhood access ways.
Establish a community advisory committee. Hold engagement events to educate and engage residents about the multiple benefits of the project and provide updates on project progress. Maintain construction website and means of communication so that residents can share concerns easily. Climate Resolve will provide education and outreach around climate resiliency throughout construction. Active SGV will oversee bike and ped counts as well as project stewardship with residents after construction is complete.
Deliverables: event schedule, engagement plan updates, outreach materials, website, bike and ped counts post-construction, stewardship participation report.
Task 3.00 – Notice to Process and Construction: Review agreed upon project start date and time, review and approve contractor’s staging area, inspectors will review all field activity to adhere to the scope of the construction specifications. Contractor will be reminded of the importance to customer service when inconveniencing a resident looking for a way to exit the construction site from their property.
Monitor installation of pavement, landscaping, and installed water quality BMPs during and 3 months after construction to ensure proper installation of all elements. Deliverables: Installation of stormwater capture elements, ADA-compliant sidewalks, cycle track, vegetation and irrigation, etc.
Task 4.00 – Monitoring/Landscape Establishment/Training: In assistance to the City, Council for Watershed Health will monitor water quality and landscape health to evaluate successes and outcomes. 56
The Council will develop a post-construction monitoring plan to measure the effectiveness of the BMP treatment train. Conditions will be monitored for three years post construction in order to develop baseline data. Climate Resolve will be conducting a post-construction urban heat island (UHI) study to track shading and hardscape reduction improvements. The city will also be hiring the San Gabriel Conservation Corps to plant 130 street trees on both sides of Merced Avenue. CWH and partners will provide hands-on training for planting the trees as well as care and maintenance for all vegetation on-site. Deliverables:
Monitoring plan, sampling results, surveys to help direct training, maintenance guide, training session and materials, photographs of training sessions, final report.
Task 5.00 – Program Reporting and Close-Out: City Staff will adhere to all project reporting requirements as it relates to Federal, State, and County funding sources. Final notice of completion will be presented to the City Council for approval. Deliverables: Progress reports and invoicing; final reporting across grants.
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Exhibit A-5
58
59
Council for Watershed Health Merced Avenue Greenway Project 73 DRAFT
14.0 LID OPERATIONS AND MAINTENANCE
Many operation and maintenance (O&M) activities are similar across LID/BMPs, such as periodic inspection of surface drainage systems to ensure clear flow lines, repair of eroded surfaces, adjustment or repair of drainage structures, soil cultivation or aeration, care of plant materials, replacement of dead plants, replenishment of mulch cover, irrigation, fertilizing, pruning and mowing.
General maintenance activities for the two major categories of structural facilities (infiltration and biofiltration/filtration) are as follows:
Infiltration BMPs
• Mowing and maintaining upland vegetated areas, if applicable • Cleaning and removing debris after major storm events • Cleaning out accumulated sediment
• Repairing or replacing stone aggregate
• Maintaining inlets and outlets
• Removing accumulated sediment from forebays or sediment storage areas when 50% of the original volume has been lost
Biofiltration and Filtration BMPs
• Removing trash and debris from control openings
• Watering and mowing vegetated areas
• Removing and replacing all dead and diseased vegetation • Stabilizing eroded side slopes and bottom
• Repairing erosion areas
• Mulching void areas, if needed
• Maintaining inlets and outlets
• Repairing leaks from the sedimentation chamber or from deteriorating structural components • Removing the top few inches of media and cultivating the surface when the filter bed is clogged • Cleaning out accumulated sediment from the filter bed once depth exceeds approximately one-half inch or when the filter layer no longer draws down within 24 hours In regions where dry and wet seasons are distinguished, as is the case in Southern California, conducting special maintenance activities before spring and fall storms can help to prevent increased erosion. If a BMP does not meet the specified design criteria, it must be repaired, improved, or replaced before a wet season starts. Any accumulated sediment and trash should be removed to maximize the performance of the facility throughout the following wet season. Any disturbed area that is not actively being graded must be fully protected from erosion.
A detailed maintenance program will be developed during the detailed design phase. The detailed maintenance program will include the responsible parties and the stormwater BMPs for which they will be responsible. It will also include the O&M details for each BMP type. The maintenance program will also include plant maintenance, defining species specific pruning practices and scheduling.
See each section below for O&M details for each type of BMP.
14.1 BIORETENTION
Maintenance activities for bioretention units should focus on the major system components, especially landscaped areas. Bioretention landscape components should blend over time through plant and root growth, organic decomposition, and natural soil horizon development. Those biological and physical processes over time will lengthen the facility’s life span and reduce the need for extensive maintenance. Irrigation of vegetated areas might 60
Council for Watershed Health Merced Avenue Greenway Project 74 DRAFT
be needed during the plant establishment period. During extended drought, temporary supplemental irrigation could be used to maintain plant vitality. Irrigation frequency will depend on the season and type of vegetation. Native plants generally require less irrigation than nonnative plants and should be incorporated into site designs where feasible. Controlled drainage can also be used to manage soil moisture by selectively elevating the underdrain outlet in dry periods. This will result in greater soil moisture retention between rainfall events. The underdrain outlet should always be no less than 18 inches below the soil surface to prevent saturation of the plant rooting zone.
Routine maintenance should include a twice-yearly evaluation of the trees and shrubs and subsequent removal of any dead or diseased vegetation. To reduce the use of fertilizers, which can have a poor effect on water quality, the soil should be inoculated with mycorrhiza during soil preparation. Corrective actions should be taken to remove areas of standing water in the BMP to restore proper infiltration rates and prevent mosquito and other vector habitat formation. To maintain the treatment area’s appearance, pruning and weeding might be necessary. Replace mulch for aesthetics or when erosion is evident. Depending on pollutant loads, soil media might need to be replaced within 5 to 10 years of construction. Stabilizing the area around the bioretention area can reduce maintenance by reducing the sediment flowing into the BMP. A bioretention area can become clogged with sediment if the surrounding area is not properly stabilized. Proper design of inlet systems can also reduce maintenance requirements by preventing trash and other gross solids from entering the bioretention area. In some cases, the inlet design will allow trash and gross solids to collect by the street for easy removal by a street sweeper or maintenance crew.
Table 8 outlines the required maintenance tasks, their associated frequency, and notes to expand on the requirements of each task based on recommendations from researchers in the green infrastructure field.
Table 8. Bioretention O&M Considerations
Task Frequency Maintenance Notes
Monitor infiltration
and drainage Annually
Inspect drainage time (12-24 hours). Might have to
determine the infiltration rate (every 2-3 years).
Turning over or replacing the media (top 2-3 inches)
might be necessary to improve infiltration (at least 0.5 in/hr).
Pruning Annually Nutrients in runoff often cause bioretention vegetation to flourish.
Mulching Annually Recommend maintaining 1-inch to 3-inch uniform mulch layer.
Mulch removal Once every 3 to 4 years
Biodegraded mulch accumulation reduces available
water storage volume. Removal of mulch also
increases surface infiltration rate of fill soil.
Watering
Once every 2 to 3 days for
first 1 to 2 months;
sporadically after
establishment
If drought conditions exist, watering after the initial year might be required.
Soil inoculation One time initially Inoculate soil with mycorrhiza during soil preparation for planting to avoid the use of fertilizers.
Remove and replace
dead plants Annually It is common for 10% of plants to die during first year. Survival rates tend to increase with time.
Inlet inspection
Once after first rain of the
season, then monthly during
the rainy season
Check for sediment accumulation to ensure that flow
into the retention area is as designed. Remove any
accumulated sediment.
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Council for Watershed Health Merced Avenue Greenway Project 75 DRAFT
Task Frequency Maintenance Notes
Outlet inspection
Once after first rain of the
season, then monthly during
the rainy season
Check for erosion at the outlet and remove any
accumulated mulch or sediment.
Miscellaneous
upkeep Twice a year
Tasks include trash collection, plant health, spot
weeding, and removing mulch from the overflow
device.
14.2 PERMEABLE PAVEMENT
The main goal of the maintenance program for permeable pavement is to prevent clogging by fine sediment particles. The primary maintenance requirements include regular inspections as well as a combination of preventative tasks, including timely removal of debris (e.g., leaf litter, acorns, grass clippings, mulch) and stabilizing surrounding areas. To maintain the infiltrative capacity of permeable pavements, vacuum sweeping should be performed at least twice per year. Frequency of vacuum sweeping should be adjusted according to the intensity of use and deposition rate on the permeable pavement surface. Settled paver block systems might require resetting.
When modular pavements incorporate turf into their void area, normal turf maintenance practices including watering, fertilization, and mowing, might be required. For proper performance, maintenance staff must ensure that stormwater is infiltrating properly and is not standing or pooling on the surface of the permeable pavement. Standing water can indicate clogging of the void space. In such cases, vacuuming is necessary. If ponding still occurs, it might be necessary to inspect the media sub layer and possibly the underdrain. Table 9 presents the required maintenance tasks, their associated frequency, and notes to expand on the requirements of each task based on recommendations from researchers in the green infrastructure field.
Table 9. Permeable Pavement O&M Considerations
Task Frequency Maintenance Notes
Impervious to
pervious interface
Once after first rain of the
season, monthly during the
rainy season
Check for sediment accumulation to ensure that flow
onto the permeable pavement is not restricted.
Remove any accumulated sediment. Stabilize any
exposed soil.
Street sweeping Weekly during routine
mechanical sweeping and
twice a year with vacuum
sweeper (or as needed)
Portions of pavement should be swept with a vacuum
street sweeper at least twice per year or as needed to
maintain infiltration rates.
Replace void fill
materials (applies to
pervious pavers only)
1-2 times per year (and after
any vacuum truck sweeping)
Fill materials will need to be replaced after each
sweeping and as needed to keep interstitial bedding
material even with the paver surface.
Miscellaneous
upkeep
4 times per year or as
needed for aesthetics
Tasks include trash collection, sweeping, and spot
weeding. Ensure landscaping materials (soil, mulch,
grass clippings, etc.) are not stockpiled on permeable
pavement surfaces.
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Council for Watershed Health Merced Avenue Greenway Project 76 DRAFT
14.3 UNDERGROUND INFILTRATION CHAMBERS
Underground infiltration galleries that use sand, peat/sand, or composite filter media are classified as filtration BMPs because the water quality is improved as water flows vertically through the media. They also function similarly to bioretention units as infiltration BMPs, though they lack the pollutant removal provided by plant uptake and biological remediation. Subsurface infiltration galleries are often used for land uses with a large fraction of impervious surfaces and ultra-urban locations, such as parking lots and roadways. Because infiltration galleries can be underground, they are an ideal BMP to be used in areas with limited available surface space. However, this may make operation and maintenance more difficult.
Infiltration galleries require regular, frequent maintenance of the media layer and pretreatment devices to ensure optimum infiltration, storage, and pollutant removal capabilities.
Any inlets should be inspected after the first storm of the season, then monthly during the rainy season to check for sediment accumulation and erosion. Sediment can accumulate, especially at inlets where bypass structures are used, and should be inspected regularly. Any accumulated sediment that impedes flow into the underground infiltration gallery should be removed and properly disposed. The forebay/settling area should also be cleaned as needed.
Filter media is designed to maintain long-term pollutant processing capability. Estimates from metal attenuation research suggest that metal accumulation should not present an environmental concern for at least 20 years. If in question, the soil shall be analyzed for pollutant levels.
Trash and debris should be removed from inlet and forebay/settling area as needed. Any visual evidence of contamination from pollutants such as oil and grease should be removed as needed.
14.4 LANDSCAPE AND IRRIGATION
Landscape maintenance can have a significant impact on soil permeability and its ability to support plant growth.
Most plants concentrate the majority of their small absorbing roots in the upper 6 inches of the soil surface if the surface is protected by a mulch or forest litter. If the soil is exposed or bare, it can become so hot that surface roots will not grow in the upper 8 to 10 inches. The common practice of removing all leaf litter and detritus with leaf blowers creates a hard-crusted soil surface of low permeability and high heat conduction. Proper mulching of the soil surface improves water retention and infiltration, while protecting the surface root zone from temperature extremes.
In addition to impacting permeability, landscape maintenance practices can adversely affect water quality. Because commonly used fertilizers and herbicides are a source of toxic compounds, use of these substances should be kept to a minimum. Overwatering, which can be a significant contributor to runoff and dry weather flows, should be prevented. Watering should only occur to accommodate plant health and should be adjusted at least four times a year. Whenever practical, use weather-based irrigation controllers and follow real-time evapotranspiration (plant water use) data from the California Irrigation Management Information System (CIMIS) from the Department of Water Resources. Organic methods for fertilizers and pest control (including Integrated Pest Management) should be used.
For the BMPs to function properly for stormwater treatment and blend into the landscape, vegetation selection is crucial. Appropriate vegetation will have the following characteristics: plant materials must be tolerant of summer drought, ponding fluctuations, and saturated soil conditions for 10 to 48 hours; a minimum of three trees, three shrubs, and three herbaceous groundcover species shall be incorporated to protect against facility failure from disease and insect infestations of a single species; and native plant species or hardy cultivars that are not invasive and do not require chemical inputs are recommended to be used to the maximum extent practicable. 63
Council for Watershed Health Merced Avenue Greenway Project 77 DRAFT
Irrigation systems installed will likely need inspection at least once weekly, especially in the first dry season after planting, to ensure that controllers and valves are operating properly, plants are not being over or under watered, and broken or leaking pipes are repaired promptly. It is recommended that the irrigation design include hose couplers so that vegetation can be watered by hand in the event of a major failure of the irrigation system, and to deep-water trees to encourage deep root growth.
14.5 BMP MONITORING EQUIPMENT
The BMP monitoring equipment should be inspected and tested as recommended by the manufacturer. Equipment should be tested during each monitoring site visit and on a regular basis, such as quarterly; however, frequency will need to be monitored and adjusted as necessary. Prior to the rainy season, the mounting hardware for the equipment should be inspected to ensure that the equipment is still secure, and the fastening system has not loosened, or hardware is missing.
14.6 VECTOR CONTROL
Stormwater improvement BMPs can create unwanted aquatic habitats suitable for mosquitos and other vector species that transmit pathogens, causing human and animal diseases. In ideal conditions, a mosquito goes from the aquatic stages of development in less than one week. To reduce the breeding activity, it is preferable to have a 72-hour maximum residence time for captured water. The installed BMPs should be routinely monitored to ensure that standing water is not present 72 hours after a storm event. If the basin is not completely drained after 72 hours, then treatment by local mosquito and vector control agencies may be needed to suppress vector production. Postconstruction conditions that would require maintenance include clogging of devices, establishment of invasive or exotic vegetation, non-stormwater runoff, scouring and erosion, structural damage, trash and sediment accumulation, vandalism, and vegetation overgrowth.
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TECHNICAL SPECIFICATIONS RELATED TO OPERATIONS AND MAINTENANCE
FOR THE
MERCED AVENUE GREENWAY
SUPPLEMENTS AND MODIFICATIONS TO
THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION AND
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
STANDARD SPECIFICATIONS
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Error! Reference source not found.
MERCED AVENUE GREENWAY Error! Reference source not found. 7-6.71 BID ITEM NO. 71 – OPERATION & MAINTENANCE MANUALS This contract bid item for operation & maintenance manuals provides for the payment of Operation and Maintenance Manuals prepared by the Contractor and delivered to the City at project completion providing full operation and maintenance requirements of the Stormwater LID/BMP components used on this project. Contractor shall coordinate with the Manufacturer and the Manufacturer representatives and prepare a full, bound manual summarizing and describing the manufacturer’s recommended maintenance activities and the industry standard recommended maintenance activities for all components of the LID/BMPS. Five bound hard copies shall be submitted.
Payment for BID ITEM NO. 71 – OPERATION & MAINTENANCE MANUALS shall be per lump sum (LS) and shall include full compensation for all labor, materials, tools, equipment, coordination with City and LID/BMP Manufacturer or Manufacturer Representative, transportation, and incidentals necessary to do all the work involved thereof, complete, in place, and accepted. No additional compensation will be allowed.
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224-2 PRODUCTS
224-2.1 Subsurface Storage Chamber Units
224-4 MAINTENANCE
A routine maintenance effort is required to ensure proper performance of the subsurface storage chamber system. The maintenance program should be focused on pretreatment systems. Ensuring these structures are clean and functioning properly will reduce the risk of contamination of the subsurface storage chamber system and stormwater released from the site. Pre-treatment systems shall be inspected yearly, or as directed by the regulatory agency and by the manufacturer (for proprietary systems). Maintain as needed using acceptable practices or following manufacturer’s guidelines (for proprietary systems).
324-4.1 Inspection/Maintenance Ports
Inspection and/or Maintenance Ports in the subsurface storage chamber system will need to be inspected for accumulation of sediments at least quarterly through the first year of operation and at least yearly thereafter. This is done by removing the cap of the port and using a measuring device long enough to reach the bottom of the subsurface storage chamber system and stiff enough to push through the loose sediments, allowing a depth measurement.
If sediment has accumulated to the level noted in the subsurface storage chamber system maintenance guide or beyond a level acceptable to the Owner’s engineer, the subsurface storage chamber system should be flushed.
A flushing event consists of pumping water into the Maintenance Port and/or adjacent structure, allowing the turbulent flows through the subsurface storage chamber system to re-suspend the fine sediments. If multiple Maintenance Ports have been installed, water should be pumped into each port to maximize flushing efficiency. If permitted by the City, sediment-laden water can be filtered through a Dirtbag by ACF Environmental, or approved equal.
SECTION 225 – CONCRETE DRY FILTER BOX
225-6 MAINTENANCE
Depending on the characteristics of the contributing watershed and seasonal variation, common maintenance needs include periodic removal of accumulated leaves (and other organic debris) and garbage from the top grate and sediment and fine debris from the concrete dry filter box.
Contributing watersheds with high sediment concentrations may require up to monthly or twice monthly visits to satisfy maintenance needs.
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If sediment accumulates beyond an acceptable level in the system, it will be necessary to remove. This can be done by manual removal with a shovel or vacuum device. The filter screen can be cleaned manually through brushing or with pressurized water.
SECTION 226 – PERMEABLE PAVERS
226-3.8 Inspection and Maintenance of P-ACB System
A. Follow manufacturer’s inspection and maintenance requirements of P-ACB system.
B. The manufacturer’s representative of the P-ACB shall provide a minimum 36 month maintenance program; including a visual inspection report with photos and a recommended cleaning schedule with a vacuum truck.
C. Maintenance shall be required when either of the following two conditions are met:
1. The surface infiltration rates of more than 75% of the total permeable surface falls below 10% of the rate required in Table 1.
2. Surface ponding remains for 24 hours in an area greater than 10 square feet of the permeable surface.
801-6 MAINTENANCE AND PLANT ESTABLISHMENT
Add the following to Section 801-6 of the Standard Specifications:
The work under this Section includes providing all labor, materials, tools and equipment necessary for maintenance of landscape and all improvements during the 120 day maintenance period, as designated by the Landscape Architect or Owners Representative. 801-6.1 Submittals
Quality Control Submittals: Schedule of maintenance operations and monthly status report, including list of equipment, materials proposed for the job, and watering schedule(s). Licenses, permits and insurance required by the local jurisdiction, the State, or Federal government, pertaining to Work under this Section.
801-6.2 Project Closeout Submittal
Include in a single 3-ring binder a Landscape Maintenance Manual for use by the Owner, containing an indexed collection of all schedules, records and permits listed above, including documentation of accepted condition of planting and irrigation at Final Acceptance.
No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect or Project Representative. 68
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801-6.3 Project/Site Conditions
Site Visit: At beginning of the designated Landscape Maintenance Period, visit and tour the site with the Landscape Architect or Project Representative, and other interested parties, to clarify the scope of Work, and understand existing project/site conditions.
Documentation of Conditions: Document the general condition of installed plant materials, recording those which are healthy and thriving, and unacceptable materials which are damaged, dead, and/or dying and in need of replacement.
Irrigation System: Document general condition of existing irrigation system, making sure that faulty, improper, and/or non-functioning irrigation materials or equipment are reported. 801-6.4 Sequencing and Scheduling
Perform Work under Landscape Maintenance Period during hours mutually agreed upon between Owner and Contractor.
Work force shall be present at the Project Site at a minimum duration of at least once per week, and at other times, as necessary, to perform specified Work, in accordance with the approved schedule under the Landscape Maintenance Period.
801-6.5 Duration of Landscape Maintenance Period
Following satisfactory completion of all items included on the Landscape Punch List, the contracted Landscape Maintenance Period shall commence and progress. The date on which the Landscape Architect or Project Representative determines that the landscape installation is substantiallycomplete, whereas outstanding Work included on the Landscape Punch List is addressed and satisfactorily completed to the satisfaction of the Landscape Architect or Project Representative.
Duration: A minimum of 120 calendar days.
Protection: Protect new landscape planting areas from damage during duration of Landscape Maintenance Period, until Final Acceptance. Provide temporary protection fences, barriers and signs, as required, for protection.
Replacements: Immediately treat or replace plant materials as directed, which become damaged or injured as a result of Contractor's operations or negligence, per the Landscape Architect or Project Representative, at no additional cost to Owner. Replacement plant materials shall match size and variety of plant material being replaced.
801-6.6 Planting Maintenance
Watering Basins: Maintain watering basins around the perimeter of the installed plant materials so that enough water can be applied to establish and maintain adequate soil moisture through the root zone of the plant materials. Re-dish and tamp basins accordingly which have become damaged or have failed since installation. During rainy season, open basins to allow surface drainage away from the root crown where excess water may accumulate. Restore watering basins at end of rainy season. At the end of the rainy season, re-dish and tamp watering basin at trees and shrubs. 69
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For supplemental hand watering of watering basins, use a water wand to break the water force. Do not permit use of "jet" type watering equipment. Do not permit crown roots to become exposed to air through dislodging of soil and mulch.
Mulch: Maintain originally specified thickness of mulch material to reduce evaporation and frequency of watering.
Settlement of Plant Materials: Reset/replant sunken or settled plant materials to proper grades and in upright position.
Weed Control: Planting areas throughout site shall be weed-free at all times, including areas between plants and along watering basins. Use only recommended and legally-approved herbicides to control and maintain weed growth. Avoid frequent soil cultivation that destroys shallow roots and breaks the seal of pre-emergent herbicides.
Maintenance of Existing Plant Materials to Remain: Conform to applicable paragraphs regarding pruning, watering, spraying and fertilizing of new plant materials as indicated herein this Section.
Symptoms: Be alert to symptoms of construction damage to existing plantings as evidenced by wilting, un-seasonal or early flowering or loss of leaves, and insect or disease infestation due to declining vigor.
Notification: Submit in writing of evidences of declining vigor immediately upon discerning the problem. Take appropriate interim measures to mitigate the severity of the problem as specified in this Section.
Proposal: Submit written proposal and cost estimate for the correction of all conditions before proceeding with permanent correction Work.
801-6.7 Insects, Pests, and Disease Control
Inspection: Inspect plant materials for signs of stress, damage and potential trouble from the following: Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting areas.
Discolored or blotching leaves or needles. Unusually light green or yellowish green color inconsistent with normal green color of leaves.
Personnel: Only licensed, qualified, trained personnel shall perform spraying for insect, pest and disease control.
Application: Spray with extreme care to avoid all hazards to any person or pet in the area or adjacent areas.
801-6.8 Irrigation System Maintenance
General: Repair without additional charge to Owner damages to Irrigation System caused by Contractor's operations. Perform repairs within one (1) watering period. Report promptly to Owner accidental damage not resulting from Contractor's negligence or operations. Twice a month, use a probe or other acceptable tool to check the rootball moisture of representative plants as well as the surrounding soil.
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Cleaning and Monitoring the System: Continually monitor the irrigation systems to verify that they are functioning properly as designed. Make program adjustments required by changing field conditions. Prevent spraying on windows, building walls, by balancing the throttle control on the remote control valves and the adjustment screws on the sprinkler heads. Do not allow water to atomize and drift.
Routine: Inspect and adjust all control valves. Verify correct operating pressure.
Drip Irrigation: All of above, plus keep strainer clean. Flush lines as required. Inspect emitters for proper flow, and check moisture level at plant rootball weekly for the first month of operation, and monthly thereafter.
System Failure: Perform all repairs within one (1) operating period. Replacements to match removed products and materials in all respects. Report promptly all damage not resulting from Contractor's operations. Repair all damage caused by Contractor at no expense to Owner.
Climate Change: Do not run the irrigation system during the rainy season. Set and program automatic controllers in response to seasonal requirements and requirements of newly - planted materials.
801-6.9 Termination of the Landscape Maintenance Period Final Acceptance Procedure: Work will be accepted by the Landscape Architect or Project Representative upon satisfactory completion of all Work, including Landscape Maintenance Period, but exclusive of replacement of materials under the Warranty Period.
Submit a written request to Landscape Architect or Project Representative for review for Final Acceptance at least five (5) working days prior to anticipated Final Review date, which is at the end of the Landscape Maintenance Period.
Corrective Work: Work requiring corrective action or replacement shall be performed within ten (10) calendar days after the Final Review. Perform corrective Work and materials replacement in accordance with the Contract Documents, Work shall be made by the Contractor at no cost to the Owner. After corrective Work is completed, the Contractor shall again request a Final Review for Final Acceptance as outlined above. Continue maintenance of all landscaped areas until such time as all corrective measures have been completed and accepted.
Conditions for Acceptance of Work at End of Landscape Maintenance Period: Each plant shall be alive and thriving, showing signs of growth and no signs of stress, disease, or any other weaknesses. Replace plant materials not meeting these conditions. An additional Warranty Period equal in length to the original shall be commenced for all such plants and planted areas.
Final Acceptance Date: The date on which the Landscape Architect or Project Representative issues a Letter of Final Acceptance. Upon Final Acceptance, the Owner will assume responsibility for maintenance of the Work beyond the Landscape Maintenance Period. 801-6.10 Cleaning
General: Dispose of pruned plant materials, weeds and leaves, sweep walkways and rake smooth 71
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mulched areas. Remove from the site containers and other evidence of maintenance activities. 801-6.11 Close Out
Landscape Maintenance Record: Submit binder to Owner with documentation and records required and utilized during the Landscape Maintenance Period.
Keys and Identification: Return keys and identification materials supplied by Owner for the purpose of site access.
801-6.12 Replacements
Failed Materials: Repair and/or replace at no cost to the Owner all plant materials exhibiting conditions which are determined as unacceptable due to workmanship by the Contractor. Closely match replacements to adjacent specimens of the same species. Apply requirements of this Specification to replacements. Contractor shall be held responsible for a maximum of two (2) replacements for each failed tree, shrub and vine, and same area of groundcover planting after final acceptance during warranty period.
Incorrect Materials: During Warranty Period, replace at no cost to Owner plants revealed as being untrue to name and species. Provide replacements of a size and quality to match the planted materials at the time the mistake is discovered.
801-6.13 Establishment Period
All areas landscaped by Contractor/Developer under this establishment period shall not be less than ninety days from the date of written acceptance for start of the plant establishment period.
Maintenance Tasks
a. During the contract period provide all watering, weeding, fertilizing, cultivation, and spraying necessary to keep the plants and turf in a healthy growing condition. b. Keep the plant areas neat, edged, and attractive.
c. All trees and shrubs planted under the contract shall be pinched and pruned as necessary to encourage new growth and to eliminate sucker growth. d. Old wilted flowers and dead foliage shall be immediately pinched or cut off. e. Do not prune trees without written approval of the City’s Authorized Representative.
The Contractor/Developer shall apply fertilizer (Gro-Power) to all turf areas at a rate of 25 pounds per 1,000 square feet and all ground cover areas at a rate of 25 pounds per 1,000 square feet, at 30-day intervals, for three applications as a minimum, beyond the original soil preparation application.
During the plant establishment period, all flow lines shall be maintained to allow for free flow of surface water. Displaced material which interferes with drainage shall be removed and placed as 72
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directed. Low spots and pockets shall be graded to drain properly.
City approved erosion control netting shall be installed at flow lines and other locations where erosion is evident, when directed by the inspector.
Damage to planting areas shall be repaired immediately and throughout the plant establishment period.
Depressions caused by vehicles, bicycles, or foot traffic shall be filled and leveled. Replant damaged areas.
If any plant appears to be weak for any reason, during the maintenance period, that plant shall be replaced immediately with a new, healthy plant. At the end of the maintenance period, all plant materials shall be in a healthy growing condition and spaced as indicated on the plant plans.
All paved areas shall be washed and maintained in a neat and clean condition at all times.
Debris and trash shall be removed from the site every five days at a minimum.
All subsurface drains shall be periodically flushed with clear water to avoid build-up of silt and debris. Keep all drain inlets clear of leaves, trash, and other debris. Throughout the maintenance period, all plants shall be maintained in a disease and pest free condition. A licensed pest control operator shall be retained by the Contractor/Developer to recommend and apply all pesticides, herbicides, and fungicides. Eliminate gophers, moles, and all other animals or rodents and repair any damage.
Start of Plant Establishment
a. The plant establishment period shall not start until all elements of the project that impact the landscaping are completed in accordance with the contract documents. If the project is segmented into phases, all plant material and amenities are to be established prior to each phase’s placement into a 90-day maintenance period. b. The plant establishment period for the project shall not begin until after the first mowing of all newly planted turf areas. New turf shall not be mowed until attaining a minimum height of 1-1/2 inches. Turf shall be maintained at a mowing height of 2 inches. Turf shall be rotary mowed at least once a week.
c. Any planting areas that do not show a prompt establishment of plant material shall be replanted at 10-day intervals until the plant material is established. If a good rate of growth has not been demonstrated within 30 days of first planting/hydro seeding, the Contractor/Developer shall be responsible to determine the appropriate horticultural practices necessary to obtain good growth.
d. The Contractor/Developer shall obtain agronomic soils testing of all areas not showing good growth and shall provide copies of the test results to the City to verify the appropriateness of all maintenance work performed. If additional fertilizers are needed, up to a maximum 25% beyond the amount specified, such amendments shall be provided by the Contractor at no additional cost to the City. 73
Exhibit A-6
74
Merced Avenue Greenway Project Post Construction Monitoring (Monitoring Plan will be finalized in February 2022)
The nonprofit Council for Watershed Health (CWH) is working with City of South El Monte to prepare a Monitoring Plan (MP) and Quality Assurance Project Plan (QAPP) that evaluates conditions post-construction for a minimum of three years after demobilization. The Monitoring Plan will include a description of postconstruction monitoring objectives, the methodology and criteria for monitoring activities, the constituents to be monitored, sampling locations, and number of monitoring events. Data collection will be focused on quantifying the efficacy of the constructed LID BMPs, with an emphasis on water quality and capture, and in better assessing the variables associated with LID BMP performance. The approach will be detailed in the MP.
The plan is expected to be finalized in February 2022.
CWH will capture project performance by collecting storm water samples a) before flows enter the LID BMPs and b) at the south end of Merced Avenue, at which point storm water runoff has intercepted multiple LID BMPs. Grab samples will be taken for up to three (3) post-construction wet-weather events to better characterize LID BMP performance given variability in storm size and pollutant loads. Samples will be brought to a certified laboratory and analyzed for heavy metals, nutrients, pesticides, suspended sediments, and fecal indicator bacteria. In-situ storm water measurements like pH, conductivity, and trash counts will be conducted during sample collection using field probes and visual assessment. Results will be compared to water quality objectives set forth in the Basin Plan for the Los Angeles Region (Los Angeles Regional Control Board). Water capture will be estimated based on the LID BMP design and using storm flows for the 85th percentile storm, extrapolated for the year.
In addition, soil properties, plant health, and microbial communities are important for infiltration, productivity, and pollutant uptake. CWH will monitor the pore water and soils in each catchment area of the project during or shortly after storm events. Soil and pore water analytes include general chemistry, nutrients, metals, microbial productivity, and general soil characteristics. Plant health will be assessed using visual surveys and plant cover transects. Soil and porewater samples will be shipped to a certified lab for analysis. Onset HOBO level loggers will be used to determine infiltration rates of the bioretention areas during wet-weather events and LogTag devices will be used to measure continuous temperature and soil moisture over the duration of the sampling period.
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Exhibit A-8
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MERCED AVE GREENWAY
COMMUNITY OUTREACH
Active San Gabriel Valley
June 21, 2019
Community Outreach Plan and SOW Merced Ave Greenway
77
INTRODUCTION
Over the past 9 years ActiveSGV’s team of staff organizers, board members, volunteers and supporters have dedicated thousands of hours to fostering civic engagement in communities across the San Gabriel Valley to effect policy, program and environmental change. Working with Project partners, ActiveSGV has conducted extensive community engagement for the Merced Ave Greenway Project. The purpose of this project is to plan and design the first livable green street in the City of South El Monte, a highly urbanized and severely underserved community located in the San Gabriel Valley. Improvements to the Merced Avenue street corridor have been designed to promote redevelopment for mixed-use activities, including stormwater infrastructure, and to create opportunities to promote community health and safety through effective community engagement. The Community Outreach report will outline the extensive community outreach conducted to date and include future community engagement efforts.
SOUTH EL MONTE CITY
The City of South El Monte lies at an important crossroads from both a geographic and historical perspective. The city, located in the County of Los Angeles, is bounded on two sides by the San Gabriel Valley’s two major drainage features – the Rio Hondo River on the west and the San Gabriel River on the east. Throughout the 1930s, South El Monte and much of the region was agricultural, in part due to these local water sources. During and after the Second World War, South El Monte, due to its location adjacent to rail lines and new freeways, successfully attracted a broad base of industrial users. The community engagement efforts focused on a 1.1-mile stretch of Merced Avenue that lies completely within the City. The street has four through-lanes and lacks any vegetation, canopy cover, or permeable surfaces.
According to CalEPA’s CalEnviroScreen and Department of Water Resources data, the City of South El Monte is a severely disadvantaged community. The need for this type of catalyst project in the City of South El Monte is significant – it is a community of primarily working-class families with a household median income of $34,656, well below the median income level of $42,189 for Los Angeles County. According to the US Census Bureau, over 20,100 people lived in South El Monte as of 2010. Thirty-three percent of the population lives on a household income of $25,000 or less. The per capita income of South El Monte is a low $10,316, about 50% lower than that of the County and 45% lower than the rest of the State. Approximately 16% of families and 19% of South El Monte residents live in poverty, and 10% of households report public assistance income. South El Monte also has a high immigrant population, with 52% of the residents being foreign-born. The ethnic make-up is predominantly Latino at 86%. There is also a growing Asian community – primarily Chinese, Vietnamese, and Filipino – that accounts for approximately 8% of the population in the City.
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COMMUNITY OUTREACH APPROACH
Recognizing the community characteristics and challenges, the Project team crafted a thoughtful, culturally competent approach toward conducting community engagement activities.
Our approach was to engage residents in trusted spaces, existing community events, schools, and in their language. This approach was supported by additional engagement via social media, project branding, community presentations, creating a project website, direct canvassing, and ongoing workshops throughout the Project.
LIST OF COMPLETED OUTREACH EVENTS:
Date Time Name
Type of Event (tabling,
meeting)
03/31/2018 9:30am-12:00pm Easter Breakfast Tabling
04/14/2018 10:00am-1:00pm Health Fair Tabling
04/28/2018 9:00am-12:00pm JSFC Family Health Fair Tabling 04/29/2018 10:00am-3:00pm SEMHS Swapmeet Tabling
5/1/2018 11:00am-1:00pm SEMHS Pop Up Tabling during lunchtime 5/4/2018 5:00pm-9:00pm SEM Cinco de Mayo Tabling
05/05/2018
10:00am-12:00p
m Fiesta of Books Tabling
05/18/2018 6:00pm-9:00pm Bike Night at Union Station Tabling 6/2/2018
8:30:00
AM-12:00pm Community Bike Ride (Platica)
Platica/Street Audit of
existing conditions
06/09/2018 9:30am-2:30pm
SEM 60th Anniversary
Celebration Tabling
6/14/2018 6:30pm-8:00pm Workshop #1 Community Workshop
07/28/2018 5:00pm-9:30pm SEM Concerts in the Park Tabling 08/02/2018 5:00pm-9:30pm
SEM Concerts in the Park
(Nat'l Night Out) Tabling
9/5/2018 7:30am-9:30am
EM/SEM Chamber of
Commerce Breakfast Presentation
9/22/2018 9:30am-11:30am Community Street Study Platica, Street audit w/ a Community Outreach Plan and SOW Merced Ave Greenway
79
(Platica) pedestrian focus
9/24/2018 5:00pm-7:00pm EM/SEM Best Start Meeting Presentation 10/13/2018 11:00am-2:00pm
Merced Ave Community
Workshop #2 Community Workshop
10/23/2018
11:00am-12:30p
m SEMHS Focus Group
Focus group with high school
students
10/26/2018 8:00am-2:00pm Santa Ana Bike Tour
Bike tour to Santa Ana with
elected officials, SEM
Community members, and
staff to explore a connected,
greenway network
CANVASSING
Date Time Details
6/4/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #1)
6/5/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #1)
6/6/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #1)
6/7/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #1)
6/9/2018 10:00am-2:00pm
Door to Door Canvassing
(Workshop #1)
6/10/2018 2:00pm-4:00pm
Door to Door Canvassing
(Workshop #1)
6/11/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #1)
6/12/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #1)
6/13/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #1)
9/20/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
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9/21/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
9/22/2018 12:00pm-4:00pm
Door to Door Canvassing
(Workshop #2)
9/23/2018 10:00am-2:00pm
Door to Door Canvassing
(Workshop #2)
9/27/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
10/3/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
10/4/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
10/6/2018 10:00am-2:00pm
Door to Door Canvassing
(Workshop #2)
10/7/2018 12:00pm-4:00pm
Door to Door Canvassing
(Workshop #2)
10/9/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
10/10/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
10/11/2018 5:00pm-7:00pm
Door to Door Canvassing
(Workshop #2)
2/20/2019 12:00pm-2:00pm
Door to Door Canvassing
(Workshop #3)
2/22/2019 10:00am-1:00pm
Door to Door Canvassing
(Workshop #3)
2/26/2019 3:00pm-5:00pm
Door to Door Canvassing
(Workshop #3)
2/27/2019 1:00pm-5:00pm
Door to Door Canvassing
(Workshop #3/Design Survey)
2/28/2019 3:00pm-7:00pm
Door to Door Canvassing
(Workshop #3/Design Survey)
3/7/2019 3:00pm-6:00pm Door to Door Canvassing
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(Design Survey)
3/8/2019 3:00pm-5:30pm
Door to Door Canvassing
(Design Survey)
3/10/2019 3:00pm-5:00pm
Door to Door Canvassing
(Design Survey)
3/11/2019 3:00pm-6:00pm
Door to Door Canvassing
(Design Survey)
3/16/2019 12:00pm-2:00pm
Door to Door Canvassing
(Design Survey)
COMMUNITY ENGAGEMENT OUTCOMES
The outreach conducted in the City of South El Monte resulted in the following:
● 162 surveys captured measuring climate, water, and public health attitudes ● 100 (weekly average) unique visitors to the MercedAveGreenway.com website ● 11 community events
● 3 community workshops conducted, the second workshop included a demonstration of potential improvements on Merced Ave for residents to experience a protected greenway.
● 2 community street audits, each one with a bike or pedestrian focus ● 2 community presentations, one to the Chamber of Commerce, the other to an initiative of First 5 Los Angeles within South El Monte
● 1 youth specific focus group
● 1 Bike tour to Santa Ana City to experience a connected greenway network to potentially model in South El Monte.
● Multiple rounds of direct door to door canvassing within the project corridor to businesses, single family, and multi family homes to gather design preferences. ○ Following the second workshop, the Project team conducted door to door along the corridor to maximize community participation in design preference, please see design preference survey below:
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SAMPLE DESIGN PREFERENCE SURVEY ENG/SPA
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OUTREACH RESULTS FOR DESIGN PREFERENCE
SURVEY
OPTIONS SINGLE FAMILY
HOMES (68)
MOBILE HOMES
(138)
BUSINESS (77)
A 5 18 11
B 27 62 4
C 10 11 11
A or B 1 3 0
All options 1 0 0
No options 0 4 2
Surveys collected 44 98 28
Response rate 65% 71% 36%
The door to door canvassing efforts aligned with Community Workshop #2 design preference surveys, where the majority of the people preferred option B in the southern stretch of Merced Ave.
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FUTURE COMMUNITY ENGAGEMENT
EFFORTS
Critical to the success of the construction phase for this project will be ongoing engagement with community members about the project status, construction updates, and education efforts about the multiple benefits of the project. The Project team proposes a similar approach to the design/planning phase, where engagement activities are thoughtful, culturally competent, and in the requisite languages. The Project team proposes the following activities for the construction phase:
Task 1 - Project Management
Task 1.1 - Project Kick-Off Meeting
● Deliverables: Kick-off Meeting Agenda; Meeting notes
Task 1.2 - Monthly Reporting and Invoices
● Deliverables: Monthly progress and invoice
Task 1.3 - Monthly Project Management Meetings
● Deliverables: Monthly Meeting Agendas; Meeting notes provided within 5 days after the project status meeting.
ActiveSGV’s project team has over two decades of experience implementing multi-jurisdictional public health, sustainability, and active transportation projects. Facilitating project meetings with diverse constituencies and stakeholders is something we take pride in, with staff seeking to continually improve our practices to efficiently make use of participants’ time.
Task 2 - Public Outreach and Communications
Task 2.1 - Public Outreach and Communications Plan
● Deliverables: Public Outreach and Communications Plan; Literature explaining benefits of the greenway to the public
ActiveSGV will develop a multi-pronged, multi-lingual public outreach and communications plan to engage a broad cross section of project area residents. Key components of this plan, subject to Project Team review and approval, will include:
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● Tabling of public events (Concerts in the park, other community events) ● Door to door canvassing
● Presentations to existing community groups (e.g., local Chambers of Commerce, PTAs) ● Pop-up activations (e.g., pop-up booths at key community sites) ● Vibrant social media content (Instagram, Facebook, Twitter) ● Further development of the MercedAveGreenway.org (current url owned by ActiveSGV) ● Media engagement (e.g., media alerts, press releases, op-eds) ActiveSGV tabling and hosting an E-bike demo at South El Monte High School - City of South El Monte Bilingual staff will update and translate existing materials and develop a plan to conduct community presentations, host interactive outreach booths, and coordinate fun community events in each project community to promote the program.
Task 2.2 - Branding Collateral
● Deliverables: Copies of produced collateral
The project team has extensive expertise designing vibrant, inviting materials for active transportation programs, including banners, flyers, magnets, logos and posters for open streets, bicycle safety, and bicycle friendly business district programs. Relevant to this project, ActiveSGV staff designed many of the materials for the existing outreach efforts with assistance from Alta Planning and Design and Climate Resolve.
Task 2.3 - Marketing, Encouragement, and Education Schedule ● Deliverables: Outreach schedule; Photos; Copies of produced materials; Community Outreach Plan and SOW Merced Ave Greenway
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Primarily focused on the high-need communities of the central SGV for the past eight years, ActiveSGV is very familiar with the project cities and existing opportunities to conduct outreach at local events and meetings, as well as which are likely to be most effective at reaching target audiences. ActiveSGV’s physical proximity to the target communities, extensive experience working with local groups, and multilingual staff provide our project team provide us a unique ability to leverage project funding to commit to hosting a minimum of 50 interactive, pop-up, outreach booths at community events and in well-trafficked public places (e.g., lunch break at SEM High School) over a two year period. In addition the community events, ActiveSGV will commit to providing twenty (20) community bikes rides within the City of South El Monte to provide a safe, guided bike ride to/from community destinations. Classes will include an educational component where participants will learn basic rules of the road and maintenance so that they can legally, confidently, and safely ride their bike. ● Task 2.4 - Establish a Community Advisory Committee (CAC) ● Deliverables: Schedule and conduct a minimum of ten (10) meetings with the CAC; Meeting agendas; Sign-in sheets; Meeting presentations; Meeting notes Community Advisory Committees (CACs) for the Merced Ave Greenway Project will provide the project team the opportunity to work closely with engaged local stakeholders, community members, and local businesses. Staff will also proactively invite project area youth - who are more reliant on bicycles, scooters, and other forms of active transportation to move around - to participate in the CAC . Our experience has been that working with youth and young adults is an effective avenue to engage families and family members in project work as well.
To further encourage active participation and attended, ActiveSGV staff will provide healthy refreshments to meeting attendees, as well as leverage our existing partnerships and sponsors to offer at least one raffle item for each meeting.
Task 2.5 - Program Launch and Community Kick-Off Event
● Deliverables: Draft Site Plan; Final Site Plan; Draft Event Plan; Final Event Plan; Photos; Ride Plans; Ride and event flyer(s); Evaluation Summary; Survey Results Working closely with each CAC and local stakeholders, ActiveSGV will plan, coordinate, and stage a community kick-off demonstration event and bike ride to raise awareness about the new program.. Regardless of specific format, ActiveSGV’s team of nationally-certified ride marshalls (LCIs) will ensure the event is welcoming for people of all ages and abilities.
Residents without access to a bicycle will have the opportunity to check one out from ActiveSGV (available models will include folding, e-assist, and cargo models), or make use of the region’s dockless e-bike share program, slated to launch in Spring 2019.
The staff team will develop a site and event plan for each demonstration that includes key safety benefits, schedule, roles and responsibilities, logistics, and other pertinent details.
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Task 3 - EVALUATION OF EXISTING CONDITIONS
Task 3.1 - Evaluation of Existing Conditions: Stakeholder Outreach ● Deliverables: Six (6) Stakeholder Meetings: List of stakeholders; Agendas and meeting mins; Summary of meeting findings.
Thanks to years of work in and collaborations with stakeholders in the project area, ActiveSGV is very familiar with key stakeholders in South El Monte. Fortunately bilingual project team staff have existing relationships with many local stakeholders. ActiveSGV proposes meeting with the identified agencies to discuss the project goals and learn if any concerns exist:
● Valle Lindo School District
● El Monte Union High School District
● El Monte South El Monte Chamber of Commerce
● El Monte City School District
● South El Monte/El Monte Best Start Community
● Los Angeles County Parks and Recreation (Whittier Narrows) Tasks 3.2 - Bicycle and Pedestrian Counts
● Deliverables: Data tables; GIS maps of count locations; Data uploaded into SCAG’s regional database
ActiveSGV staff has extensive experience utilizing SCAG’s methodology to conduct manual bicycle and pedestrian counts in the project area and other cities across the San Gabriel Valley. It’s important to have the most current data of active transportation within the City of South El Monte. The Project team proposes to conduct counts on the Merced Ave corridor and several other key corridors to analyze mobility in South El Monte. The team would upload all data to SCAG’s updated platform and new manual count application for mobile phones which allows for direct upload. The team proposes a total of 10 screenlines, where each screenline is counted Tuesday (7am-9am, 4pm-6pm), Thursday (7am-9am, 4pm-6pm), and Saturday (11am-1pm).
Task 4 - Program Report
● Deliverables: Draft Report; Final Report
The project team is well prepared to transform the many project tasks and deliverables into a cohesive final report that summarizes program elements, evaluation results, and outcomes. Project staff will develop a draft report and request revisions from the project team, and then finalize based on input received.
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TIMELINE
Task Task Title Deliverable Estimated
Completion Date
(Months after
NTP)
1 Project
Management
Task 1.1 - Project Kick-Off Meeting
● Deliverables: Kick-off Meeting Agenda;
Meeting notes
Task 1.2 - Monthly Reporting and Invoices
● Deliverables: Monthly progress and invoice
Task 1.3-Monthly Project Management
Meetings
● Deliverables: Monthly Meeting Agendas;
Meeting notes provided within 5 days after
the project status meeting.
Ongoing throughout
the project
2 Public Outreach
and
Communications
Task 2.1 - Public Outreach and
Communications Plan
● Deliverables: Public Outreach and
Communications Plan; Literature explaining
benefits of the greenway to the public
Task 2.2 - Branding Collateral
● Deliverables: Copies of produced collateral
Task 2.3 - Marketing, Encouragement, and
Education Schedule
● Deliverables: Outreach schedule; Photos;
Copies of produced materials;
Task 2.4 - Establish a Community Advisory
Committee (CAC)
● Deliverables: Schedule and conduct a
minimum of ten (10) meetings with the
CAC; Meeting agendas; Sign-in sheets;
Meeting presentations; Meeting notes
Task 2.5 - Program Launch and Community
Kick-Off Event
● Deliverables: Draft Site Plan; Final Site
Plan; Draft Event Plan; Final Event Plan;
Photos; Ride Plans; Ride and event
Month 3
Month 3-Ongoing
Month 3- Ongoing
Month 3-Ongoing
Month 6-9
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flyer(s); Evaluation Summary; Survey
Results
3 Evaluation of
Existing
Conditions
● Deliverables: Data tables; GIS maps of
count locations; Data uploaded into
SCAG’s regional database
● Deliverables: Six (6) Stakeholder Meetings:
List of stakeholders; Agendas and meeting
mins; Summary of meeting findings.
Month 2-4
4 Final Report ● Deliverables: Draft Report; Final Report Month 21-24 Community Outreach Plan and SOW Merced Ave Greenway
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APPENDIX 1 - Flyers, Website
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APPENDIX 2 - Photos from Community Engagement Efforts
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Exhibit A-9
98
Merced Avenue Greenway Project Benefits | Targets and Metrics Water Quality -
• AFY Treated: 21.5
• % Pollutant Load Reductions (TSS – 83%; Copper – 57%; Zinc – 51%) Water Supply -
• AFY Infiltrated: 6.47
• Water Reuse (Purple Pipe Meter): gallons per year
Climate Resiliency -
• Canopy Cover Increase: 71,750 sq ft (long-term target; after trees reach maturity) • Carbon Sequestration: 525,000 lbs
Public Health -
• Active Transit Connectivity: 1.3 miles of protected bike lanes linking Whittier Narrows • Increased pedestrian/bike use: compare pre- and post- monitoring • Urban Heat Island (Reduced Temps): 1-2 degrees F
• Reduced speeds on the street; reduction in pedestrians struck (long-term metric) Habitat Enhancements -
• Trees Planted: 133
• Native Shrubs and Groundcovers Added: ~20,000 sq ft
• Increase in wildlife activity (bird and insect monitoring) Disadvantaged Community -
• Benefits ~4140 underserved residents in the surrounding neighborhood Workforce Development -
• Trained/employed X # of San Gabriel Valley Conservation Corps youth members to plant trees and learn about native plant landscape maintenance.
Leveraged Funding -
• $7.6M in Federal, State, and private philanthropy funds leveraged outside of SCWP 99
Exhibit A-10
100
3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT
0.00 Task 0: Project Management
0.01 Project Administration and Contract Procurement
0.02 Project Management
1.00 Task 1: Const. Bid Package
1.01 Construction Bid Package Advertise, Review, Award
1.02 City Council Approval
2.00 Task 2: Community Engagement and Outreach
2.01 Project Status Public Engagement and Communication
2.02 Climate Resiliecy Public Outreach
3.00 Task 3: Notice to Proceed and Construction
3.01 Construction Management
3.02 Construction Support Services
3.03 Mobilization
3.04 Site Preparation
3.05 Pavement
3.06 Signals & Signage
3.07 Landscape and Irrigation
3.08 Water Quality Treatment
3.09 Utilities
3.10 Other (Traffic Control, Inspection)
4.00 Task 4: Monitoring/Landscape Establishment/Training
4.01 Monitoring
4.02 Landscape Establishment
4.03 Training
5.00 Task 5: Program Reporting and Close-Out
5.01 Program Reporting
5.02 Program Close-Out
3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT 1st QT 2nd QT 3rd QT 4th QT Council for Watershed Health
0.02 Project Management
1.01 Finalize Bid Package and Advertise
1.01 Review Bids for Construction Services
3.00 Construction installation progress and tracking
4.01-.02 Project WQ + Performance Monitoring & Reporting
4.03 Training
Active SGV
0.02 Project Management
2.01 Public Outreach and Communications
2.01 Program Report
4.03 Training/Stewardship
Climate Resolve
0.02 Project Management
2.02 Resiliency Community Outreach
4.01 UHI Measurement
* Updated 11/14/2021
Merced Avenue Greenway Development Project Tasklist and Timeline 2023 2025
2021 2022 2023 2024 2025 Project Partners/Consultants
MERCED AVENUE GREENWAY - CITY OF SOUTH EL MONTE
SCHEDULE
Merced Avenue Greenway Development Project Phase I South Corridor 2021 2022 2024
101
177 E. Colorado Blvd, Suite 200, Pasadena, CA 91105 | watershedhealth.org | 213.229.9945 October 3, 2023
Rene Salas
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
RE: Request to Amend Merced Ave Greenway South Agreement between SEM and CWH Dear Mr. Salas,
Council for Watershed Health (CWH), a Merced Avenue Greenway Project partner, respectfully requests an amendment to our existing professional services agreement with the City. Our current contract for support services for the Merced Avenue South Greenway implementation project only reflects the portion of scope funded by California Natural Resources Agency (CNRA).
An amendment is necessary to incorporate the full-extent of CWH and subconsultant services specifically identified and funded within each of this project’s awarded grants as noted in Exhibit A-1 of the CNRA grant agreement . Together forming the basis of the current agreement.
Summary table below reflects the breakdown by funder, increasing the existing contract by $499,850 for a new not to exceed contract value of $912,297.
Current Amendment
Total
CNRA WB SCWP - Regional
Task A Project Management $119,624 $146,743 $266,367
Task B Construction Bid
Package
$44,420 $44,420
Task C Community
Engagement
$92,595 $40,242 $70,011 $202,848
Task D Construction
Monitoring &
Technical Services
$114,940 $114,940
Task E LID/BMP/UHI/WQ
reporting/support
$40,868 $47,920 $155,042 $243,830
Task F O & M Training $39,892 $39,892
Total $412,447 $88,162 $411,688 $912,297
ATTACHMENT E
177 E. Colorado Blvd, Suite 200, Pasadena, CA 91105 | watershedhealth.org | 213.229.9945 With timing being of the essence, thank you in advance for your attention to forwarding this matter to its executed conclusion. Our staff will be available to discuss any questions or concerns regarding this matter, please contact our Planning Director Jason Casanova ([email protected]) and/or Project Manager Debbie Enos ([email protected]).
Sincerely,
Eileen Alduenda
Executive Director
Attachments:
● SEM - CWH Contract Amendment #1; and, following updated and new exhibits:
○ Exhibit A Updated Scope of Services
○ Exhibit C Updated Schedule of Compensation
○ Exhibit D Updated Schedule of Performance
○ Exhibit E-1 SWRCB grant funding agreement
○ Exhibit E-2 Safe Clean Water Program grant funding agreement Supporting Background Summary
The 1.1 mile Merced Avenue Greenway project was first funded June 20, 2017 through a grant by the California Coastal Conservancy to develop design documents and conduct community engagement. During the initial design phase, the projected cost to implement the full extent of the greenway was assessed and the project was split into two phases - Phase I South and Phase II North.
Under the Coastal Conservancy Grant, in partnership and under a separate agreement with CWH and its subconsultants, 100% Construction Documents were subsequently completed for Merced South (Phase I) and 30% Design Development documents were completed for Merced North (Phase II).
Council for Watershed Health, as a project partner, applied for and assisted the City in obtaining construction implementation funding for Merced Ave Greenway South. The CNRA grant formed the basis for the initial support services agreement entered into between the City and CWH on October 12, 2021. Since then, the City entered into the remaining funder agreements Exhibit E1 - SWRCB and Exhibit E2 - LACFCD’s Safe Clean Water Program Measure W under which CWH is a budgeted partner to provide project support services and are the basis for this amendment #1.
In June 2023, CWH in its partner capacity was instrumental in obtaining an additional $2.079 Million in gap funding for the City’s grant with the Water Boards to allow construction for Phase I Merced Avenue South to break ground this fall 2023. Total funding secured with CWH as a project partner from all grant sources for Phase I - Merced Ave South Implementation is $11.9 Million.
Successor Agency Agenda Report
Agenda Item No. 19.a.
DATE: March 26, 2024
TO: Honorable Chairperson and Members of the Board
APPROVED BY: Rene Salas, Executive Director
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR FEBRUARY 27, 2024
SUMMARY: Staff is requesting approval of the Minutes of the February 27, 2024, Successor Agency Meetings.
RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of February 27, 2024.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. DRAFT SA Minutes 2-27-24
CITY OF SOUTH EL MONTE
SUCCESSOR AGENCY MEETING MINUTES
Tuesday, November 28, 2023 - 6:00 p.m.
1415 Santa Anita Ave., South El Monte, CA 91733
Successor Agency Meeting Immediately Followed Regular City Council Meeting
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 Chair Olmos called the meeting to order at 7:48 p.m.
16. CALL TO ORDER AND ROLL CALL
PRESENT: Board Member(s): Acosta, Angel, Delgado, Vice Chair Bojorquez, and Chair Olmos
ABSENT: Board Member(s): None.
STAFF PRESENT: Rene Salas, Executive Director; Anthony R. Taylor, General Counsel; Donna G. Schwartz, Secretary, and Sabrina Muhne Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
17. APPROVAL OF AGENDA
A motion was made by Vice Chair Bojorquez, seconded by Board Member Angel to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Acosta, Angel, Delgado, Vice Chair Bojorquez, and Chair Olmos
NAYS: Board Member(s): None.
18. PUBLIC COMMENTS – None.
19. CONSENT CALENDAR
A motion was made by Board Member Delgado, seconded by Vice Chair Bojorquez to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Acosta, Angel, Delgado, Vice Chair Bojorquez, and Chair Olmos
NAYS: Board Member(s): None.
19.a. Approved the Regular Successor Agency Meeting Minutes of November 28, 2023.
20. EXECUTIVE DIRECTOR'S AGENDA – None
21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 7:51 p.m. Chair Olmos adjourned the meeting.
___________________________ _____________________
Donna G. Schwartz, Secretary Gloria Olmos, Chair