South El Monte City Council
September 2, 2025

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5 3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”) . [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

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

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

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be [ ] or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

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7 Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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8 (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute

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9 with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enfo rce ment . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be

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10 additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revi se specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of

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11 Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times

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12 during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or

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13 work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.

City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices

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14 during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

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15 7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $ ( Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

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16 If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

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17 Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or

01257.0001/867754.1
18 decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

01257.0001/867754.1
19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
ATTEST:

Gloria Olmos, Mayor
Adrian Garcia, City Clerk
APPROVED AS TO FORM:

OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
Susie Altamirano, City Attorney
CONSULTANT:

By:

Name:

Title:

By:

Name:

Title:

Address:

If applicable, two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2025 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

PARTNER(S) LIMITED

GENERAL NUMBER OF PAGES

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2025 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE(S)

TITLE OR TYPE OF DOCUMENT

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER

NUMBER OF PAGES

DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01257.0001/867754.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
III. Consultant will perform the following Services:

A.

B.

C.

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

A.

B.

C.

V. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A.

B.

C.

VI. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

VII. Consultant will utilize the following personnel to accomplish the Services:

A.

B.

C.

01257.0001/867754.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

01257.0001/867754.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

RATE TIME SUB-BUDGET
A.

B.

C.

D.

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

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

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

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

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

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

EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Task A
B. Task B
C. Task C
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

B.

C.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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

DATE: September 2, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-074, APPROVING THE CITY OF SOUTH EL
MONTE'S UPDATED 2025 TITLE VI PROGRAM
SUMMARY: The City of South El Monte adopted the Title VI Program in 2012 and recertified in 2022 and 2025. The City's Title VI Program was created to establish guidelines to effectively monitor and ensure that City’s services meet the requirements set forth in the Federal Transit Administration (FTA) Title Circular 4702.1B. Per FTA requirements, it is necessary to reapprove and submit the FTA Title VI Report every three years.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 074 approving the City's 2025 Title VI Program to reaffirm the City meets the requirements set forth in the FTA's Title VI Circular 4702.1B.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact to the City associated with the action.

DISCUSSION: Title VI of the Civil Rights Act of 1964 is a Federal law that prohibits recipients and subrecipients of Federal financial assistance from discriminating on the basis of race, color, or national origin in their programs or activities, and obligates Federal funding agencies to enforce compliance.

The City of South El Monte is a subrecipient of the Los Angeles County Metropolitan Transportation Authority (Metro) by way of its Federal Transit Administration (FTA) Section 5310 Funding Program which results in the award of federal funding.

To be compliant with Title VI, recipients must satisfy the following requirements:

1. Notify Beneficiaries of Protections Under Title VI - The City informs members of the public of their Title VI protection rights by posting bilingual Civil Rights Notice at various locations.

2. Develop Title VI Complaint Procedures and Complaint Form - The City has made these forms available to the public by incorporating complaint forms and notices on the City's website.

3. Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits - The City will maintain a list of Title VI investigations, complaints, and lawsuits and include said list in the City's Title VI submittal to FTA every three years.

4. Promote Inclusive Public Participation - The City promotes inclusive Public Participation by encouraging the public to participate in the City's decision-making process by attending City meetings. All items pertaining to City meetings are posted online on the City website and copies can be requested at City Hall.

5. Provide Meaningful Access to Limited English Proficient (LEP) Persons- The City has provided LEP Persons meaningful access by providing said persons with bilingual oral and written language services.

6. Minority Representation on Planning and Advisory Bodies - The City encourages participation of minorities on bodies that make decisions regarding transportation

7. Provide Additional Information upon Request - The City Manager or his/her designee will be available to provide additional information as needed, and to respond to any verbal or written complaint.

8. Determination of Site or Location of Facilities - The City has not used any FTA funds for construction of a facility.

As stated in the City's 2025 Title VI Program, the City has satisfied all of these requirements. After reviewing the 2020 U.S. Census data for the City, staff determined that there was a significant change in demographics since the last approval of its Title VI Program that required it to take adequate steps to ensure that its policies and procedures do not deny or have the effect of denying Limited English Proficiency (LEP) individuals with equal access to benefits and services for which such persons qualify. The City’s updated policy ensures that LEP individuals are provided meaningful access to benefits and services provided through its Transportation Division in English, Spanish and Chinese. Exhibits A, B and C will be translated into Chinese and will be included in the City’s Title VI Program that will be submitted to Metro.

Approval of Resolution No.25-074 reflects the commitment by the City of South El Monte to comply with Title VI and to ensure that no person shall, on the basis of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity provided by the City of South El Monte, as required by the Title VI Program every three years.

ATTACHMENT(S):

A. Resolution No. 25-074
B. City of South El Monte Title VI Program

ATTACHMENT A
RESOLUTION NO. 25-074

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING THE UPDATED 2025 TITLE VI PROGRAM AND

AUTHORIZING ITS SUBMITTAL TO THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY (METRO)
WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance; and
WHEREAS, as a recipient of Federal Transit Administration (FTA) funding, the City of South El Monte is required to implement a Title VI Program that demonstrates that no transit program or service provided by the City creates discrimination toward any demographic of the population served by that program or service; and
WHEREAS, the City’s current Title VI Program was adopted in July 2022, and is required to be updated every three years; and
WHEREAS, staff has prepared a new Title VI Program in accordance with FTA Circular 4702.1B, dated September 2, 2025; and
WHEREAS, the City is committed to ensuring that no person is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any of its programs, activities, or services on the basis of race, color, or national origin.

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

SECTION 1: The above recitals, and each of them, are true and correct.

SECTION 2: The proposed Title VI Program, in the form attached to the agenda report accompanying this resolution, is hereby approved.

SECTION 3: The City Council hereby authorizes and directs the City Manager to forward a copy of the Title VI Program to the Los Angeles County Metropolitan Transportation Authority for approval as the pass-through agency for the Federal Transit Authority.

SECTION 3 The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this 2nd day of September, 2025.

Gloria Olmos, Mayor
ATTEST:

Adrian Garcia, City Clerk

ATTACHMENT A

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-074 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 2nd day of September, 2025 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adrian Garcia, MMC, City Clerk

ATTACHMENT B
City of South El Monte Transportation Division

CITY OF SOUTH EL MONTE

TITLE VI PROGRAM
Approved on September 2, 2025
by the City of South El Monte City Council
1556 Central Avenue South El Monte, CA 91733
City of South El Monte Transportation Division
626.448.0131
www.cityofsouthelmonte.org

City of South El Monte
Title VI Program

CITY OF SOUTH EL MONTE
Subject: Title VI Program
Effective Date: September 2, 2025
Approved by:

City Manager ________________
Rene Salas

TABLE OF CONTENTS

Page
TITLE VI PROGRAM .......................................................................................... 2 TITLE VI REQUIREMENTS WITHIN THE PROGRAM....................................... 2

1. Requirement to Notify Beneficiaries of Protection under Title VI .......... 2

2. Requirement to Develop Title VI Complaint Procedures and Complaint Form.................................................................................... 3

3. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits..................................................................... 3

4. Promoting Inclusive Public Participation............................................... 3

5. Requirement to Provide Meaningful Access to LEP Persons ............... 3

6. Minority Representation of Decision and Advisory Bodies ................... 4

7. Requirement to Provide Additional Information upon Request ............. 4 EXHIBIT A: Title VI Notice to the Public and List of Locations ........................ 5 EXHIBIT B: Title VI Policy and Procedures...................................................... 9 EXHIBIT C: Civil Rights Complaint Form ......................................................... 20 EXHIBIT D: List of Transit-Related Title VI Investigations, Complaints, and Lawsuits ................................................................................ 26 EXHIBIT E: Limited English Proficiency (LEP) Plan......................................... 27 EXHIBIT F: Decision Making Bodies................................................................ 34 EXHIBIT G: Public Participation Plan............................................................... 36 EXHIBIT H: City of South El Monte Transportation Survey.............................. 39

City of South El Monte
Title VI Program

CITY OF SOUTH EL MONTE
Title VI Program
Reference: FTA Circular 4702.1B Title VI Requirements and Guidelines for Federal Transit Administration (FTA) Recipients (October 1, 2012).

INTRODUCTION
The purpose of this Title VI Program is to establish guidelines to effectively monitor and ensure that the City of South El Monte’s service are in compliance with FTA Title VI requirements.

Title VI states that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The FTA is required to ensure that federally supported transit services and related benefits are provided consistent with Title VI. The Title VI Report requires an update every three years.

The City of South El Monte will ensure that its programs, policies, and activities comply with Department of Transportation’s (DOT) Title VI Regulations (49 CFR Part 21) and with Limited English Proficient (LEP) Person’s requirements (70 FR 74087, December 14, 2005). The City is committed to creating and maintaining a public transportation system that is free of all forms of discrimination. The City will take necessary preventive corrective and disciplinary actions to stem behavior that violates this policy or the rights and privileges it is designed to protect. FTA requires recipients to document compliance with DOT Title VI regulations by submitting a Title VI Program to their FTA regional civil rights officer once every three years.

TITLE VI REQUIREMENTS

1. Requirement to Notify Beneficiaries of Protection under Title VI In order to comply with 49 CFR, Section 21.9(d), the City shall provide information to the public regarding the City’s obligations under DOT’s Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI.

The City of South El Monte informs members of the public of their Title VI protection rights by in Exhibit B. A list of locations where notices are several means, including posting of a Title VI Notice to the Public and providing bilingual complaint procedures, as shown in Exhibits A and B. The City also provides a bilingual complaint form and posts a Title VI bilingual notice for public viewing at several locations, as shown posted is reflected in Exhibit A.

City of South El Monte
Title VI Program

2. Requirement to Develop Title VI Complaint Procedures and Complaint Form
The City is required to develop procedures for investigating and tracking Title VI complaints filed against the City and to make these procedures for filing a complaint available to the general public.

3. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits
The City is required to prepare and maintain a list of investigations, complaints, or lawsuits that pertain to allegations of discrimination on the basis of race, color, and/or national origin in transit-related activities and programs and that pertain to the entity submitting the report, not necessarily the larger agency or department of which the entity is a part.

The City of South El Monte Human Resources Department will maintain a list of Title VI investigations, complaints, and lawsuits utilizing the form shown in Exhibit D, including a comprehensive summary and description of actions taken by the City, as required by the Title VI regulations The list shall include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegations(s); the status of the investigation; lawsuit, or complaint; and actions taken by the City in response, or final findings related to the investigation, lawsuit, or complaint. The list shall be included in the City’s Title VI submittal to FTA every three years.

4. Promoting Inclusive Public Participation and Language Assistance Plan The City is required to develop a public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission. The City also must have a language assistance plan for providing language assistance to persons with limited English proficiency (LEP).

The City’s Public Participation Plan is reflected in the “CITY OF SOUTH EL MONTE Transportation Services Limited English Proficiency Plan” under “Outreach Techniques” and more thoroughly in Exhibit G. The City’s public participation activities, public meetings, and participation in community activities are described in the LEP Plan.

The City’s Language Assistance Plan is reflected in the City’s LEP Plan and includes language assistance measures. The City’s approach includes a number of options available to LEP persons, including both oral and written language services. Specific details are included in the City’s LEP Plan in Exhibit E.

5. Requirement to Provide Meaningful Access to LEP Persons Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services,

City of South El Monte
Title VI Program

information, and other important portions of their programs and activities for individuals who are LEP.

The City of South El Monte website posts Transportation information. The City’s web site provides material in both English, Spanish and Chinese. The City also provides easy access to bilingual (English, Spanish and Chinese) administrative staff and drivers at the City’s City Hall during operating hours to answer questions for those LEP passengers who utilize the City’s transportation services.

6. Minority Representation on Planning and Advisory Bodies The City will encourage participation of minorities on bodies that make decisions regarding transportation.

7. Requirement to Provide Additional Information upon Request At the discretion of the FTA, information other than that required by the referenced circular, may be requested in writing from a recipient in order to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI requirements.

The City Manager or his/her designee will be available to provide additional information, as needed, and to respond to any verbal or written complaint.

City of South El Monte
Title VI Program

EXHIBIT A

CITY OF SOUTH EL MONTE
Title VI Notice & Complaint Process
The City of South El Monte is committed to ensuring that no person is excluded from participation in or denied the benefits of its services based on race, color, or national origin as provided by Title VI of the Civil Rights Act of 1964. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color, national origin may file a Title VI complaint with the City within 180 calendar days from the date of the alleged discrimination.

Complaints may be filed with the City in writing and may be addressed to:

City of South El Monte
Human Resources
1415 Santa Anita Ave.

South El Monte, CA 91733
A copy of the Title VI Complaint Form (in English, Spanish, or Chinese) and additional information may be obtained from the City’s web site at “ http://www.cityofsouthelmonte.org” (under “Services – Community Services – Transportation Services”) or by calling 626-579-6540. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English.

If information is needed in another language, please call 626-579-6540.

City of South El Monte
Title VI Program

CIUDAD DE SOUTH EL MONTE
Título VI Noticia y Proceso de Quejas
La Ciudad de South El Monte, se compromete a garantizar que ninguna persona sea excluida de participar o denegar los beneficios de servicios basado por raza, color, o origen nacional según lo dispuesto en el Título VI de la Ley de Derechos Civiles de 1964. Cualquier persona que cree que él o ella ha sido objeto de discriminación en virtud del Título VI basado por raza, color, o origen nacional puede presentar una queja del Título VI con la Ciudad dentro de 180 días del calendario a partir de la fecha de la supuesta discriminación.

Las quejas pueden ser presentadas en la Ciudad por escrito y pueden ser dirigidas a:

City of South El Monte
Human Resources
1415 Santa Anita Ave.

South El Monte, CA 91733
Una copia del Título VI Formulario de Queja (en Inglés o Español) y la información adicional se puede obtener desde el sitio web de la Ciudad en “ http://www.cityofsouthelmonte.org ” (en “Servicios – Servicios Comunitarios – Servicios de Transporte”) o llamando al 626-579-6540.

La Ciudad proveerá asistencia apropiada para los denunciantes que sean limitados en su capacidad de comunicarse en inglés.

Si se necesita información en otro idioma, por favor llame a 626-579-6540.

City of South El Monte
Title VI Program

南艾爾蒙特市
第六條通知與投訴流程
南艾爾蒙特（South El Monte）市致力於根據 1964 年《民權法》第六條的規定，確保任何
人不會因種族、膚色或國籍而被禁止參與其服務，或被剝奪服務福利。任何人如認為自己
因種族、膚色、國籍而遭受第六條規定的歧視，可在指稱的歧視發生之日起 180 個行事曆
日內向本市提出第六條的投訴。
投訴可以書面形式向本市提出，並可以寄往：
南艾爾蒙特市
人事部
1415 Santa Anita Ave.

South El Monte, CA 91733
可從以下網站「http://www.cityofsouthelmonte.org」（在「Services – Community Services –Transportation Services」[服務 – 社區服務 – 交通服務]）或透過致電 626-579- 6540，取得第六條投訴表（英文或西班牙文）的副本及其他資訊。本市將為英語交流能力有限的
投 訴 人提供適當的協助。
如果需要此資訊的其他語言版本，請致電 626-579-6540。

City of South El Monte
Title VI Program

CITY OF SOUTH EL MONTE
Title VI List of Locations
The following is a list of locations where transit-related bilingual Title VI Public Notices are posted:

City of South El Monte
• Website
• City Hall
• Fire Station
• Senior Center
• Community Center

City of South El Monte
Title VI Program

EXHIBIT B

CITY OF SOUTH EL MONTE
Title VI Policy and Procedures

POLICY STATEMENT
The City of South El Monte is committed to ensuring that no person is excluded from participation in, or denied the benefits of its service on the basis of race, color or national origin under Title VI of the Civil Rights Act of 1964.

PURPOSE
This policy ensures that City programs (including fares, routing, scheduling, and quality of transportation services) are operated without regard to race, color, or national origin.

APPLICATION
This policy applies to all City of South El Monte employees, contractors, vendors, and customers.

1.0 GENERAL
The City of South El Monte is committed to ensuring that no person is excluded from participation in its services, or subject to denial of City benefits on the basis of race, color, or national origin. The City is also committed to promoting environmental justice.

The City will accomplish its goals by:
• Ensuring that the level and quality of service is provided without regard to race, color, or national origin.
• Promoting full and fair participation by all potentially affected populations in services provided by the City decision making;
• Preventing denial, reduction or delay in the benefits of City programs and activities on the basis of race, color, or national origin. • Preventing denial, reduction, or delay of benefits related to programs and activities affecting minority and low-income populations; and • Providing meaningful access to City services, programs, and activities by persons with limited English proficiency (LEP).

City of South El Monte
Title VI Program

2.0 PROCEDURES
Any person who believes that he/she may have been discriminated against on the basis of race, color, or national origin.

Patrons with limited English proficiency, who need assistance, may contact the City of South El Monte, located at 1415 Santa Anita Avenue, CA 91733 or call (626) 579-6540.

2.1 Reporting
The complaint must be filed within 180 days of the date of the alleged discrimination. Written complaints may be sent to Human Resources, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, CA 91733, or an online Title VI Complaint Form may be accessed at the City’s website at http://www.cityofsouthelmonte.org. Once completed, the complaint should be forwarded to the Human Resource Department.

Any City employee who becomes aware of a discrimination complaint should immediately contact Human Resources for handling.

2.2 Reviewing
The City will review the complaint to determine whether it is within City jurisdiction based on the following criterion: whether Complainant has alleged discriminatory treatment or harassment based on race, color, or national origin.

If the City determines it has jurisdiction, an investigator will be assigned to conduct an investigation within 24 hours of the review. The Complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated. All complaints will be investigated promptly and handled in a confidential manner.

If jurisdiction is found not to exist in the Civil Rights Policy, the complaint will be forwarded to the appropriate department for resolution. The City will be notified of the steps taken to resolve the complaint.

2.3 Investigation Process
The investigator will take the followings steps to investigate the alleged discriminatory act:
• Contacting the department management where the alleged discrimination took place to determine if a departmental investigation has been initiated and the results of the investigation; • Identifying and reviewing all relevant documents, practices and procedures to determine appropriate resolution; and

City of South El Monte
Title VI Program

• Identifying and interviewing persons with knowledge of the alleged discrimination, such as the Complainant; witnesses; others identified by the Complainant; people who may have been subject to similar activity; or others with relevant information.

The investigation process and final investigative report is generally completed within 120 days. If no policy violation is found, and the Complainant wants to appeal the decision, he/she may appeal directly to Human Resources.

2.4 Subsequent Complaints and Amended Charges
Any subsequent complaint or amended charge should be filed utilizing the Title VI Complaint Form. Amended charges can also be submitted via email or other written format. The City will review each subsequent complaint or amendment to determine whether the subsequent complaint should stand on its own or be incorporated into the original complaint and investigation.

2.5 Completion of Investigation
Upon completion of the investigation, the Investigator prepares a final investigative report for the City with a copy to the City Attorney. All principle parties receive written notification of the investigative findings.

2.6 Implementation of Remedial Actions
If a policy violation exists, appropriate remedial steps will be taken immediately.

3.0 DEFINITION OF TERMS
Title VI – Title VI of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color, or national origin by recipients of federal financial assistance.

Equal Opportunity – requirement of non-discrimination in City services with regard to race, color, or national origin in accordance with Title VI of the 1964 Civil Rights Act, as amended.

Discrimination – any act or failure to act, whether intentional or unintentional, which has the purpose or effect of limiting, excluding, or denying a person transit services or benefits because of race, color, or national origin.

Environmental Justice – efforts made to prevent minority communities and lowincome communities from being subject to disproportionately high and adverse environmental effects.

City of South El Monte
Title VI Program

4.0 RESPONSIBILITIES
The Human Resources Department maintains a log of all complaints received. The log includes the date the complaint was filed; a summary of the allegations; the status of the complaint; and actions taken by the City to resolve the complaint.

City of South El Monte
Title VI Program

CIUDAD DE SOUTH EL MONTE
Póliza y Procedimientos Titulo VI

DECLARACION DE POLIZA
La Ciudad de South El Monte se compromete a garantizar que ninguna persona sea excluida al participar en, o le sean negados los servicios de beneficios basados en raza, color, o origen nacional por el Acta de Derechos Civiles de 1964 del Título VI.

PROPOSITO
Esta póliza asegura que los programas de la Ciudad (incluyendo precios, rutas, horarios y calidad de los servicios de la transportación) sean dirigidos sin distinción de raza, color, o origen nacional.

APLICACIÓN
Esta póliza se aplica a todos los empleados de la Ciudad de South el Monte, contratistas, proveedores y clientes.

1.0 GENERAL
La Ciudad de South El Monte se compromete a garantizar que nadie sea excluido al participar en servicios, o los beneficios sean negados basados en raza, color, o origen nacional. La Ciudad también se ha comprometido a promover el cuidado ambiental. La Ciudad va a lograr sus objetivos a través de:
• Asegurarse de que el nivel y la calidad de los servicios sean proporcionados sin distinción de raza, color, o origen nacional.
• Promover completa y equitativa participación entre todas las comunidades potencialmente afectadas por los servicios ofrecidos por decisiones tomadas por la Ciudad;
• Prevenir el negar y la reducción o retraso en los beneficios de los programas y actividades de la Ciudad basados en raza, color, o origen nacional. • Prevenir el negar y la reducción o retraso en los beneficios de los programas y actividades que afecten a comunidades minoritarias y de bajos ingresos, y • Proporcionar acceso significativo de los servicios, programas y actividades de la Ciudad a personas con conocimiento limitado en el Inglés (LEP).

City of South El Monte
Title VI Program

2.0 PROCEDIMIENTOS
Cualquier persona que se sienta que él o ella ha sido objeto de discriminación por motivos de raza, color, o origen nacional puede presentar una queja al Departamento del Administrador de la Ciudad.

Personas con conocimientos limitados en el Inglés, que necesiten ayuda, comunicarse con la Ciudad, localizado en 1415 Santa Anita Ave, South El Monte, CA 91733 o llamar al (626) 579-6540.

2.1 Notificando
La queja se debe presentar dentro de los 180 días siguientes a la fecha de la supuesta discriminación. Quejas por escrito pueden ser enviadas a la Ciudad de South el Monte, City Manager, 1415 Santa Anita Ave, South El Monte, CA 91733, o por el Sitio Web, formulario de Title VI Complaint Form, que se puede encontrar en la Página Web de la Ciudad, http://www.cityofsouthelmonte.org. Cuando se haya completado, la queja debe ser enviada al Departamento de Recursos humanos.

Cualquier empleado de la Ciudad que se entere de una queja de discriminación deberá comunicarse inmediatamente con el Departamento del Recursos humanos de la Ciudad.

2.2 Revisando
La Ciudad revisara la queja para determinar si está dentro de la jurisdicción de la Ciudad basándose en el siguiente criterio: Si dicho demandante ha alegado trato discriminatorio o de acoso por razones relacionadas a raza, color, o origen nacional.

Si la Ciudad determina que está dentro de la jurisdicción, un investigador será asignado para conducir una investigación durante las 24 horas de la Revisión. El demandante recibirá una carta de notificación informándole si se investigara la queja. Todas las quejas serán investigadas con prontitud y tratadas de manera confidencial.

Si se encuentra que no existe jurisdicción de la Póliza de Derechos Civiles, la queja será enviada al departamento correspondiente para su resolución. La Ciudad será notificada de la determinación tomada para resolver la queja/reclamo.

2.3 Proceso de Investigación
El investigador tomara las medidas/pasos siguientes para investigar el presunto acto discriminatorio:
• Ponerse en contacto con el departamento donde la supuesta discriminación ocurrió para determinar si se ha iniciado una investigación y conocer los resultados de la investigación;

City of South El Monte
Title VI Program

• Identificar y revisar todos los documentos pertinentes, como las prácticas y procedimientos para determinar la resolución adecuada, y
• Identificar y entrevistar personas relacionadas con la presunta discriminación, como el demandante; testigos; otras personas identificadas por el demandante; personas que hayan sido objeto de una actividad similar u otras personas con información relacionada.

El proceso de investigación y el reporte final, por lo general, se concluye dentro de los 120 días. Si no se encuentra ninguna violación y el demandante desea apelar la decisión, él o ella puede apelar directamente a el Departamento de Recursos humanos.

2.4 Reclamaciones Subsecuentes y Modificación de Cargos Cualquier reclamación posterior o carga modificada deben presentarse utilizando el formulario de Title VI Complaint Form. Modificación de los cargos también se pueden enviar por correo electrónico o cualquier otro formato escrito. La Ciudad revisará cada queja o modificación posterior para determinar si la denuncia posterior debe valerse por sí misma o ser incorporado en la denuncia y la investigación inicial.

2.5 Conclusión de la Investigación
Al término de la investigación, el investigador prepara un informe para la Ciudad, con una copia para el Abogado de la Ciudad. Todos los partidos principales relacionados reciben una notificación por escrito acerca de las conclusiones de la investigación.

2.6 Implementación de Acciones Correctivas
Si existe una violación, se tomaran inmediatamente las medidas correctivas apropiadas.

3.0 DEFINICIONES DE TÉRMINOS
Titulo VI - El Titulo VI del Acta de Derechos Civiles de 1964 prohíbe la discriminación por motivos de raza, color, origen/nacionalidad de los beneficios de la asistencia financiera federal.

Igualdad de Oportunidades – Requisito de No-discriminación en los servicios de la Ciudad por raza, color, origen/nacionalidad de acuerdo con el Titulo VI del Acta de Derechos Civiles de 1964, según enmendada.

Discriminación - cualquier acto u falta de actuación, intencional o no intencional, que tiene por objeto o efecto limitar, excluir o negar a una persona servicios de tránsito o beneficios debido a su raza, color, o origen nacional.

City of South El Monte
Title VI Program

Justicia/Cuidado Ambiental - Los esfuerzos realizados para impedir que las comunidades minoritaria y las de bajos ingresos estén sujetas a efectos excesivamente altos y adversos del medio ambiente.

4.0 RESPONSABILIDADES
El Departamento de Recursos Humos mantiene un registro de todas las quejas recibidas. El registro incluye la fecha cuando la queja fue entablada, un resumen de las declaraciones, estado actual de la queja y las medidas adoptadas por la Ciudad para resolver la queja.

City of South El Monte
Title VI Program

南艾爾蒙特市
第六條政策和程序
政策聲明
南艾爾蒙特市致力於根據 1964 年《民權法》第六條，確保任何人不會因種族、膚色或國
籍而被禁止參與其服務，或被剝奪服務福利。
目的
本政策確保城市各項計劃（包括票價、路線、排程和交通服務品質）在不考慮種族、膚色
或國籍的情況下營運。
適用性
本政策適用於南艾爾蒙特市的所有員工、承包商、供應商和客戶。

1.0 總則
南艾爾蒙特市致力於確保任何人不會因種族、膚色或國籍而被禁止參與其服務，或被剝奪
城市福利。本市還致力於促進環境正義。本市將透過以下方式達成目標：
• 確保所提供的服務水平和品質不受種族、膚色或國籍的影響。
• 促進所有可能受影響的人群充分和公平地參與透過城市決策提供的服務；
• 防止本市計劃和活動的福利因種族、膚色或國籍而被剝奪、減少或延遲提供。
• 防止剝奪、減少或延遲提供與影響少數族群和低收入群體的計劃和活動相關的福
利；及
• 讓英語能力有限（LEP）的人正常參加本市服務、計劃和活動。

City of South El Monte
Title VI Program

2.0 程序
認為自己可能因種族、膚色或國籍而遭到歧視的任何人。
英語能力有限的顧客在需要協助時，可以聯絡南艾爾蒙特市，地址：1415 Santa Anita
Avenue, CA 91733，或致電 (626)579-6540。

2.1 報告
投訴必須在指稱的歧視發生之日起 180 內提交。可以將書面投訴寄送至南艾
爾蒙特市人事部，1415 Santa Anita Avenue, South El Monte, CA 91733，本市 網站（http://www.cityofsouthelmonte.org）上載有第六條投訴表供存取。
投訴一旦填妥，即轉寄至人事部
本市員工知悉歧視投訴時，應該立即聯絡人事部處理。

2.2 審查
本市將根據以下標準審查投訴以確定其是否在本市管轄範圍內：投訴人是否
指稱基於種族、膚色或國籍的歧視待遇或騷擾。
如果本市確定其擁有管轄權，將指派一名調查員在審查後 24 小時內開展調
查。投訴人將收到一封確認函，通知是否會調查其投訴。所有投訴都將立即
調查並以保密方式處理。
如果發現民權政策中不存在管轄權，則投訴將被轉寄給相應的部門進行解
決。將通知本市解決投訴所採取的措施。

2.3 調查流程
調查員將採取以下措施以調查所指稱的歧視行為：
• 與所指稱的歧視發生所在的部門管理層聯絡，以確定是否已啟動部門調
查以及調查結果；
• 確定並審查所有相關文件、做法和程序，以決定適當的解決方案；以及
• 確定並訪談知曉所指稱的歧視的人，例如投訴人；證人；投訴人確定的
其他人；可能受類似活動影響的人；或其他掌握相關資訊的人。
調查流程和最終調查報告一般是在 120 天內完成。如未發現違反政策的情
況，並且投訴人想要對決定提出上訴，其可以直接向人事部提出上訴。

2.4 後續投訴和修訂指控
任何後續的投訴或修訂指控，應使用第六條投訴表進行提交。修訂指控亦可
透過電子郵件或其他書面格式提交。本市將審查每個後續投訴或修訂，以決

City of South El Monte
Title VI Program

定後續投訴是否應獨立處理還是納入原始投訴和調查中。

2.5 完成調查
完成調查後，調查員將為本市準備一份最終調查報告，並抄送給市檢察官。
所有主要當事人都會收到有關調查結果的書面通知。

2.6 補救措施之實施
如果存在違反政策的情況，將立即採取適當的補救措施。

3.0 術語定義
第六條 – 1964 年《民權法》第六條禁止根據種族、膚色或國籍歧視接受聯邦財政援助的
人。
平等機會 – 根據1964 年《民權法》第六條，在城市服務中不得根據種族、膚色或國籍進
行歧視的要求。
歧視 – 任何具有因種族、膚色或國籍而限制、禁止或剝奪個人公共交通服務或福利的目
的或影響的行為或不作為（無論是有意，還是無意）。
環境正義 – 旨在防止少數族群和低收入群體遭受過高和不利的環境影響所做的努力。

4.0 責任
人事部負責記錄收到的所有投訴。該記錄包括提出投訴的日期；指控摘要；投訴的狀
態；以及本市為解決投訴而採取的措施。

City of South El Monte
Title VI Program

EXHIBIT C

CITY OF SOUTH EL MONTE
Title VI Complaint Form
The City of South El Monte is committed to ensuring that no person is excluded from participation in or denied the benefits of its services based on race, color or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended.

The following information is necessary to assist us in processing your complaint. If you require any assistance in completing this form, please contact City Hall at 626-579- 6540. The completed form must be returned to City of South El Monte, Human Resources Department, 1415 Santa Anita Ave., South El Monte, CA 91733.

Name:

Street Address:

Phone: Alternative Phone:

Date of Incident: Time of Incident: _______
Which of the following best describes the reason for the alleged discrimination? _____ Race
_____ Color
_____ National Origin
_____ Other (Please explain below)
Please describe the alleged discrimination incident. Explain what happened, whom you believe was responsible, and other specific relevant information. Please use the next page of this form if additional space is required.

Have you filed a complaint with any other federal, state or local agencies (Check one) _____ Yes _____ NO
If yes, list agency or agencies and contact information below:

City of South El Monte
Title VI Program

Agency:

Street Address:

Phone:

Contact Name:

Agency:

Street Address:

Phone:

Contact Name:

I affirm that I have read the above charge, and it is true to the best of my knowledge.

Complainant’s Signature Date
Print or Type Name of Complainant
Date Received:

Received By:

The complaints related to Title VI of the Federal Transit Administration (FTA) may also be submitted directly to:

Federal Transit Administration
Civil Rights Division
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

City of South El Monte
Title VI Program

CIUDAD DE SOUTH EL MONTE
Formulario de Quejas Titulo VI
La Ciudad de South El Monte centra sus esfuerzos en garantizar que nadie sea excluido de la participación en sus servicios ni que nieguen los beneficios de estos, con base en raza, color o origen nacional, en conformidad con las disposiciones del Título VI de la Ley de Derechos Civiles de 1964 y enmiendas.

La información siguiente es necesaria para ayudarnos en el procesamiento de su queja. Si requiere ayuda para llenar este formulario, por favor llame por teléfono a 626-579-6540. El formulario completo debe devolverse a City of South El Monte, Departamento de Recursos humanos, 1415 Santa Anita Ave., South El Monte, CA 91733.

Nombre:

Dirección:

Teléfono: Segundo Teléfono:

Fecha del incidente: Hora del incidente:
¿Cuál de los siguientes describe mejor la razón por la supuesta discriminación? _____ Raza
_____ Color
_____ Origen nacional
_____ Otra razón (Por favor explique)
Por favor, describa el supuesto incidente de discriminación. Explique lo sucedido; quien considera que fue responsable; y otra información específica pertinente. Por favor, use el reverso de este formulario si requiere espacio adicional.
¿Ha presentado alguna queja ante otra agencia federal, estatal o local con respecto a este incidente? (Marque Uno)
_____ Si _____ No

City of South El Monte
Title VI Program

Si la respuesta es afirmativa, por favor, a continuación enumere la agencia o agencias y la información de contacto:

Agencia:

Dirección:

Teléfono:

Nombre de contacto:

Agencia:

Dirección:

Teléfono:

Nombre de contacto:

Confirmo que he leído el cargo que se indica arriba y que es verdadero hasta donde tengo conocimiento.

Firma del declarante Fecha
Imprima o escriba el nombre del declarante
Fecha de recepción:

Recibido por:

Las quejas relacionadas con Título VI de la Administración Federal de Tránsito (FTA) también prodran ser presentadas directamente a:

Federal Transit Administration
Civil Rights Division
Attention: Complaint Team
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

City of South El Monte
Title VI Program

南艾爾蒙特市
第六條投訴表
根據 1964 年《民權法》第六條的規定修訂版，南艾爾蒙特市致力於確保任何人不會因種
族、膚色或國籍而被禁止參與其服務或被剝奪服務福利。
以下資訊有助於協助我們處理您的投訴。如果您在填寫此表時需要協助，請聯絡市政
廳，電話：626-579-6540。填妥的表格必須送回至南艾爾蒙特市人事部，地址：1415
Santa Anita Ave., South El Monte, CA 91733。
姓名:_________________________________________________________________________________ 街道地址:____________________________________________________________________________ 電話：_________________________________________ 備用電話：__________________________ 事件發生的日期：_________________________________ 事件發生的時間： ________________ 以下哪一項最適合描述指稱歧視的理由？
_____ 種族
_____ 膚色
_____ 國籍
_____ 其他（請在下方說明）
請描述指稱的歧視事件。解釋發生的情況、您認為應對此負責的人以及其他具體的相關資
訊。如果需要更多的空白，請使用此表格的下一頁。
_______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 您是否向任何其他聯邦、州或地方機構提出投訴（核取一項）

City of South El Monte
Title VI Program

_____ 是 _____ 否
如為是，請在下方列出機構和聯絡方式：
機構：________________________________________________________________________________ 街道地址：___________________________________________________________________________ 電話：________________________________________________________________________________ 聯絡人姓名：_________________________________________________________________________ 機構：________________________________________________________________________________ 街道地址：___________________________________________________________________________ 電話：________________________________________________________________________________ 聯絡人姓名：_________________________________________________________________________ 本人確認已閱讀上述指控，並且就本人所知，內容屬實。
_______________________________________________________________________________________ 投訴人簽名 日期
_______________________________________________________________________________________ 投訴人的正楷姓名
接收日期：__________________________________________
接收者：____________________________________________
與聯邦交通運輸局 (FTA) 第六條相關的投訴，亦可直接提交至：

聯邦交通運輸局
民權司
關涉方：投訴團隊
East Building, 5th Floor – TCR
1200 New Jersey Avenue, SE
Washington, DC 20590

City of South El Monte
Title VI Program

EXHIBIT D

CITY OF SOUTH EL MONTE
List of Title VI
Investigations, Complaints and Lawsuits
Action
Date
(Month, Day, Year)
Summary (basis of
complaint: race, color, or
national origin) Status Action(s) Taken
Investigations
(None)
Lawsuits
(None)
Complaints
(None)

City of South El Monte
Title VI Program

EXHIBIT E

CITY OF SOUTH EL MONTE
Transportation Services
Limited English Proficiency (LEP) Plan
Introduction
This Limited English Proficiency (LEP) Plan has been prepared to address the City of South El Monte Transportation Services responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1B dated October 1, 2012, which state that no person shall be subjected to discrimination on the basis of race, color, or national origin.

Executive Order 13166, titled Improving Access to services for Persons with Limited English Proficiency, indicated that differing treatment based upon a person’s inability to speak, read, write, or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all State and local agencies which receive federal funds.

Background
The South El Monte Transportation Division administers the transit services that are operated within the City. The South El Monte City Council is the policymaking body for the system. The South El Monte Transportation Service consists of a Dial-a-Ride service for Senior Citizens (age 60 and over) and for Disabled residents, transporting children to their after school program at the Mini Center, transporting Senior Citizens to the Senior Center for their nutritional lunch, and transportation during City events. The City of South El Monte Transportation Services has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access services provided by the City. As defined by Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write, or understand English.

This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, and how to notify LEP persons that assistance is available.

In order to prepare this plan, the City of South El Monte Transportation Services staff undertook the U.S. Department of Transportation (U.S. DOT) four-factor LEP analysis which considers the following factors:

City of South El Monte
Title VI Program

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City of South El Monte Transportation Services.

2. The frequency with which LEP persons come in contact with the City of South El Monte Transportation Services.

3. The nature and importance of programs, activities, or services provided by the City of South El Monte Transportation Services to the LEP population.

4. Resources available to the City of South El Monte Transportation Services and overall cost to provide LEP assistance.

A summary of the results of the City of South El Monte Transportation Services fourfactor analysis is in the following section.

Four-Factor Analysis

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City of South El Monte Transportation Services.

The South El Monte Transportation Services Staff reviewed the 2020 U.S. Census and determined that, out of a population of 19,567 residents, 15,489 (79%) of City of South El Monte residents speak a language other than English and speak English less than very well. In the City of South El Monte of those persons with limited English proficiency, 65% speak Spanish which makes it the majority within the City. Asian and Pacific Islander who speak English less than very well accounted for 13% of the LEP population. In addition to using the 2020 U.S. Census, the City also conducted a rider survey (Exhibit H) from June 10, 2024 to June 13, 2025 and it indicated that 81% of our riders were Hispanic or Latino, 2% were African Americans, 9% were Asian or Pacific Islander and the remaining 13% were White or Caucasian. A survey will be conducted every year to monitor if any changes need to be addressed.

2. The frequency with which LEP come in contact with South El Monte Transportation Services.

The City transportation services are provided through-out the City. A high percentage of Hispanic/Latino individuals therefore come in contact with the program. The rider survey data collected included how often survey respondents are riding; and it reflected that 64% of respondents utilize South El Monte Transportation Services three to five days per week and 36% one to two days per week. The survey also reflected that majority (30%) of the respondents use City transportation four days per week. The Senior Services Supervisor, the Senior Services Coordinator and the Senior Recreation Leader have also spoken with staff about their contact with LEP individuals and have concluded that at the moment the City only gets Spanish Speaking customers. Staff will continue to speak with the Transportation Services Department regarding language assistance.

City of South El Monte
Title VI Program

3. The nature and importance of programs, activities, or services provided by the South El Monte Transportation Services to the LEP population.

The majority of LEP individuals in the City are Spanish-speaking elderly. On-board ridership surveys (Exhibit H) were conducted from June 10, 2024 to June 13, 2025 by the City and they indicated that 100% are captive transit riders, and 20% could have made their trip by another means. The South El Monte Transportation Services are important to these residents because they are used for medical appointments, paying bills, the Nutrition Program at the Senior Center and leisure trips. Transportation services are also used to transport children from their school to the City’s sponsored after-school program, and residents to City events.

4. The resources available to the South El Monte Transportation Services and overall cost to provide LEP assistance.

The South El Monte Transportation Services staff has access to a variety of resources that can help in outreaching and providing LEP assistance at low or no cost.

Community-based resources include:
•City of South El Monte City Hall
o Offers Spanish and Chinese translation in oral and written form •City of South El Monte Senior Center
o Offers Spanish translation in oral and written form
•City of South El Monte Community Center
o Offers Spanish translation in oral and written form
•San Gabriel Valley Service Center
o Offers Consumer Affairs to assist individuals to complete legal documents
o Utility assistance
o Special service for Groups Older Adults Program
The above community resources will be used on a regular basis to assist in identifying needs of the City’s LEP population. They will also serve as a means to widely disseminate bilingual transit service information and announcements and to notify the LEP population of planned workshops and outreach efforts.

Based on the four-factor analysis, the City of South El Monte will develop its LEP Plan as outlined in the following section.

Identification of LEP Population
South El Monte Transportation Services have developed several possible ways to assist in identifying LEP populations within the City, including:

City of South El Monte
Title VI Program

1. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings.

2. Have a staff greet participants as they arrive to City sponsored events. By informally engaging participants in conversation it is possible to gauge each attendee’s ability to speak and understand English.

3. At meetings relating to South El Monte Transportation Services we will develop identification cards that indicate primary language spoken, as appropriate. This will assist the City in identifying language assistance needs for future events and meetings.

4. Survey vehicle operators and other front-line staff, like dispatchers, Dial-ARide schedulers, and service development planners on their experience concerning any contacts with LEP persons.

Language Assistance Measures
There are plans for a number of language assistance options available to LEP persons, including both oral and written language services. There are also various ways in which the City of South El Monte Transportation Services staff can respond to LEP persons, whether in person, by telephone, or in writing.
• Placement of statements in notices and publications that interpreter services are available for these meetings.
• Survey transportation drivers and other front-line staff, Dial-A-Ride schedulers, and service development planners on their experience concerning any contacts with LEP persons during the year. Staff surveys will be conducted once a year in June.
• The Senior Services Supervisor, the Senior Services Coordinator and Senior Recreation Leader have spoken with staff about their contact with LEP individuals and have concluded that at the moment the City only gets Spanish Speaking customers. Staff will continue to speak with the Transportation Services Department regarding language assistance
• Post the Title VI Policy and Procedures and LEP plan on the City website, www.cityofsouthelmonte.org
• When an interpreter is needed for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service, City Staff or a qualified community volunteers.

City of South El Monte
Title VI Program

• Various Title VI documents have also been translated into Spanish and Chinese: Title VI Notice & Complaint Process, Title VI Complaint Form, and the Title VI Policy and Procedures.
• All Transportation Services staff will be trained on the updated version of the Title VI Policy and Procedures and the LEP Plan no later than August 19, 2022. Staff training will begin as soon as the Title VI Program is adopted by City Council.

Outreach Techniques
When staff prepares a document or schedules a meeting, for which the target audience is expected to include LEP individuals, documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population.

Interpreters will be available as needed. The City currently uses a variety of outreach approaches, as described below.

Public Outreach Activities
The City of South El Monte web site posts Transportation Services information. The City’s web site provides material in English, Spanish and Chinese. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers at the City’s Transit office during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s transportation system.

The City reaches out to the community directly through meetings with agency and community staff and their clients, as needed. Information regarding the City’s transit services is disseminated at these meetings. Information is also made available at a variety of locations throughout the community and on the Transportation Services system.

Public Meetings
The City Council holds regular meetings on the first and third Tuesday of the month.

Regular meetings convene at 6:00 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte. Special meetings are convened at other times as announced. The public is encouraged to participate in the City's decision-making process and is invited to attend City Council Meetings.

The Community Services Commission acts in an advisory capacity to the City Council in all matters pertaining to social programming, health and welfare, child development, public recreation facilities and leisure activities. The seven-member Community Services Commission meets on the second Tuesday of each month at 6:00 p.m. in the City Council Chambers.

Senior Advisory Board holds meetings on matters pertaining to the Senior Center and its services. The three-member Senior Advisory Board meets every third Wednesday at 10:00 a.m. in the Senior Center.

City of South El Monte
Title VI Program

Participation in Community Activities & Surveys
The City engages in community activities that promote its transit services. These activities include functions where a broad cross-section of the community can access available transit information, including schedules, brochures and fliers. In addition, the City will also be surveying residents in regard to transportations services every June.

Assurances
The City of South El Monte Transportation Services will ensure that no person, on the grounds of race, color, national origin, disability, age, or gender as provided by Title VI of the Civil Rights Act of 1964, will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. Further, the City will notify the public of protections against discrimination afforded them by Title VI Regulations and will take preventive corrective and disciplinary action necessary to stem behavior that violates the rights and privileges the regulations are designed to protect.

The City will post information on its web site and ensure that it reflects up to date information consistent with the requirements of 49 CFR Section 21.9(d).

Monitoring and Updating the LEP Plan
The City of South El Monte will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated when more data from the 2020 U.S Census is available, or when it is clear that higher concentrations of LEP individuals are present in the City of South El Monte.

Availability of Title VI Documents
The City of South El Monte LEP Plan, Title VI Policy and Procedures, and the Title VI Complaint form are included on the City’s website at www.cityofsouthelmonte.org. Any person or agency with internet access will be able to access and download the plan from the City website. Alternatively, any person or agency may request a copy of the plan via email or in person and shall be provided a copy of the plan at no cost.

Questions or comments regarding the LEP Plan may be submitted to the Human Resources Department or the City of South El Monte Transportation Services Department:

Contact 1:

City of South El Monte
Human Resources
1415 Santa Anita Ave
South El Monte, CA 91733
Phone: 626-579-6540
Fax: 626-579-2409
Email: [email protected]

City of South El Monte
Title VI Program

Contact 2:

City of South El Monte
Transportation Division
1556 Central Ave
South El Monte, CA 91733
Phone: 626-448-0131
Fax: 626-448-6979
Email: [email protected]

City of South El Monte
Title VI Program

EXHIBIT F

CITY OF SOUTH EL MONTE
Non-Elected Decision-Making Bodies
At the City of South El Monte, transportation services decisions regarding policy, service changes, capital programming and facility locations are made by an elected Mayor and four City Council Members. To help to guide decisions the City also has an appointed Community Services Commission and an elected Senior Advisory Board.

Community Services Commission
The Community Services Commission acts in an advisory capacity to the City Council in all matters pertaining to social programming, health and welfare, child development, public recreation facilities and leisure activities. The seven-member Community Services Commission meets on the second of each month at 6:00 p.m. in the City Council Chambers. The members are appointed by a majority of the City Council and they serve a one-year term.

Body White or
Caucasian
Hispanic or
Latino
Black or
African
American
Native
American
Asian or
Pacific
Islander
Community
Services
Commission
0 6 0 0 1
Encourage the Participation of Minorities
Several measures are taken to encourage the participation of everyone within the City.

When chairs are about to become available on the commission the City will publish a notice on the City newspaper, “South El Monte News”. Notices are also posted at City Hall, Senior Center, the library, and the City website. Notices are posted on all platforms twice before selections are made by the City Council. The City Council appoints commissioners based on who is best fit to represent the community and its needs.

Also, within the South El Monte Municipal Code it states, “the Community Services Commission shall consist of five city residents appointed by a majority of the City Council, including two seniors sixty years of age or older and one youth between the ages of sixteen and twenty-five.”
In addition, the South El Monte Municipal Code under section 2.48.080 Purpose also encourages participation by all groups within the community to accomplish its purpose and it may do this by:
• Encouraging the involvement of all resident and business groups to foster mutual regard and understanding among all racial, religious, and socioeconomic and ethnic groups in the community.

City of South El Monte
Title VI Program

• Holding conferences and other public meetings in the interest of resolving tensions of producing possible discrimination and irritation in the community and issue such publications and reports as will tend to effectuate said purposes.

City of South El Monte
Title VI Program

EXHIBIT G

CITY OF SOUTH EL MONTE
Transportation Services
Public Participation Plan
Key Principles
The City of South El Monte Transportation Services Public Participation Plan (PPP) has been prepared to ensure that no one is precluded from participating. It ensures that:
• Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed transportation related activity that will affect their environment and/or health;
• The public’s contribution can and will influence the City’s decision making; • The concerns of all participants involved will be considered in the decisionmaking process; and • The City will seek out and facilitate the involvement of those potentially affected through public meetings and public surveys.

Through an open public process, the City has developed a public participation plan to encourage and guide public involvement efforts and enhance access to transportation decision-making process by minority and Limited English Proficient (LEP) populations.

In addition, the City will also be conducting surveys to answer questions, evoke discussion, base decisions on objective information, and compare results. A rider survey was conducted on June 10, 2024 through June 13, 2025 and new surveys will be conducted every year in June to monitor changes within the community. The yearly surveys will help base decisions on transportation services. The public participation plan describes the overall goals, guiding principles and outreach methods that the City uses to reach its riders.

Limited English Proficient (LEP):

LEP refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.

The steps outlined in the public participation plan offer meaningful opportunities for the public to be involved in the identification of social, economic and environmental impacts of proposed transportation decisions at the City. It is a guide for how Transportation Services engages its diverse community. The City may continue to improve its public participation methods over time based on feedback from all of its riders and community members including low-income, minority and LEP populations as well as customer and community-based organizations.

City of South El Monte
Title VI Program

Goals of the Public Participation Plan
The overarching goals of Transportation Services Public Participation Plan include:
• Clarity in Potential for Influence - The process clearly identifies and communicates where and how participants can have influence and direct impact on decision making.
• Consistent Commitment - The South El Monte Transportation Services communicates regularly, develops trust with riders and our community and builds community capacity to provide public input.
• Diversity - Participants represent a range of socioeconomic, ethnic and cultural perspectives.
• Accessibility - Every reasonable effort is made to ensure that opportunities to participate are physically, geographically, temporally, linguistically, and culturally accessible.
• Relevance - Issues are framed in such a way that the significance and potential effect is understood by participants.
• Participant Satisfaction - People who take the time to participate feel it is worth the effort to join the discussion and provide feedback. • Quality Input and Participation - That comments received by South El Monte Transportation Services are useful, relevant and constructive, contributing to better plans, projects, strategies and decisions. This includes all comments during meetings and written comments within surveys.

South El Monte Transportation Services Public Participation Process The PPP includes many new mediums extending beyond the traditional approach which relied on legal notices and newspaper coverage. While the plan maintains these elements to its outreach program along with traditional seat-drop flyers and website notices, the City has availed itself of the communication methods more widely used by members of our community and riders. The City will continue to notify residents of public participation with notices throughout the City, the newspaper, and the City website.

Meetings
The City Council holds regular meetings on the first and third Tuesday of the month.

Regular meetings convene at 6:00 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte. Special meetings are convened at other times as announced. The Community Services Commission meets on the second Tuesday of each month at 6:00 p.m. in the City Council Chambers. The Community Services Commission is also encouraged to hold special meetings with various groups of the community to better serve the City and its needs. The Senior Advisory Board holds monthly meetings every third Wednesday of the month at 10:00 a.m. at the Senior Center which is an ADA complaint building.

The public is encouraged to participate in the City's decision-making process and is invited to attend all City meetings. The meetings, agendas and minutes are also posted online at the City website and copies can be requested at City Hall.

City of South El Monte
Title VI Program

While there may be minor variation in the outreach process from time-to-time, the outline below provides the general steps for engaging riders in the decision-making process.

Transportation Surveys
The City of South El Monte has already conducted a survey of its riders from June 2, 2025 to June 6, 2025 (Exhibit H) and it will continue to survey its residents every year in June to better address decision making. The surveys will answer questions, evoke discussion, base decisions on objective information, and compare results.

Process in Motion

1. A proposal is developed internally or as a result of public comment or as a result of survey information;

2. An internal review by the appropriate bodies is conducted;

3. A Title VI review of the proposal is conducted;

4. All City Council and Community Services Commission meetings have a public comment period;

5. Public outreach venues, dates and times are determined with consideration of the proposed changes and their impact on specific locations/populations within the service area;

6. Bilingual (English and Spanish) public outreach materials and a program are developed;

7. Outreach In advance of public information sessions is released;

8. A summary package is presented detailing the outcome of the public participation process along with staff recommendations;
List of Outreach Events within the Last Three Years

1. Bi-Monthly City Council Meetings

2. Monthly Community Services Commission Meetings

3. Monthly Senior Advisory Board Meetings

4. Transportation Survey conducted from June 2, 2025 to June 6, 2025

City of South El Monte
Title VI Program

EXHIBIT H
Optional:

City of South El Monte
Transportation Survey
(Senior Citizens and Disability)

Services are needed for: Senior 60+ Legally Disable Escort / Caregiver Ethnicity Translation Needed Yes No
White or Caucasian Lives Alone Yes No
Black or African American Low Income Yes No
Native American Medi-Cal Yes No
Hispanic or Latino SSI /SSP Yes No
Asian or Pacific Islander Veteran Yes No
AS (Asian Indian) JA (Japanese) Do you own a Car Yes No CA (Cambodian) KO (Korean)
CH (Chinese) LA (Laotian)
FI (Filipino) SA (Samoan)
GU (Guamanian) VI (Vietnamese)
HA (Hawaiian) O (Other) How often do you use City transportation services per week? _____ For each of the following statements, please rate every item from 1 to 5 by circling the appropriate rating.

Use the following scale:
1= Strongly Disagree, 2= Disagree, 3= Neither Agree Nor Disagree, 4= Agree, and 5= Strongly Agree

1. South El Monte Transportation Services are important to our community 1 2 3 4 5

2. South El Monte Transportation Services meet our community needs 1 2 3 4 5

3. It is important for Senior Citizens and Disabled residents to have transportation for their medical needs 1 2 3 4 5

4. It is important for Senior Citizens and Disabled residents to have transportation for leisure time 1 2 3 4 5

5. It is important for Senior Citizens and Disabled residents to have transportation to pay their bills 1 2 3 4 5

6. It is important for Senior Citizens to have transportation to visit the Senior Center 1 2 3 4 5

7. It is important for South El Monte Transportation Services information to be provided in Spanish 1 2 3 4 5

8. It is important for City staff to be bilingual
1 2 3 4 5

9. South El Monte Transportation Services provide service in a timely manner 1 2 3 4 5 Page 201 of 586
City of South El Monte
Title VI Program

10. South El Monte Transportation Services provide service in a friendly manner 1 2 3 4 5
Additional Comments:

Para-Transit Program for Senior Citizens (age 60 and over) and Disabled residents of the City of South El Monte. Parts of our fleet are wheelchair capable and may be used for trips to the banks, medical appointments, nutrition site and shopping. Hours of operation are 8:30 a.m. to 4:00 p.m., Monday through Friday. No weekend and holiday, service.

Assistance companions of elderly and disabled riders may also ride free. Page 202 of 586 City Council Agenda Report
Agenda Item No. 7.e.

DATE: September 2, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gerardo Marquez, Interim Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-075, RENEWING A GROUND LEASE AGREEMENT

BETWEEN THE CITY OF SOUTH EL MONTE AND THE

UNITED STATES POSTAL SERVICE FOR PROPERTY THAT

SERVES AS A PARKING LOT TO THE POST OFFICE
LOCATED AT 10452 RUSH STREET
SUMMARY: Renew Ground Lease with the United States Postal Service for property that serves as the parking lot for the Post Office located at 10452 Rush Street RECOMMENDED ACTION: Staff Recommends City Council:

1. Adopt Resolution No. 25-075, approving the Ground Lease Agreement between the City of South El Monte and the United States Postal Services; and

2. Authorize the City Manager or his designee to negotiate and execute the agreement.

FISCAL/FINANCIAL IMPACT: If the Ground Lease Agreement is approved, the lease payment will be as follows: from July 1, 2026, to June 30, 2031, for a total of five years.

The property will be leased at $20,043 annually.

DISCUSSION: On December 16, 1965, the City of South El Monte and the United States Postal Service entered into a ground lease agreement to lease City property that serves as the parking lot to the United States Postal Service Office. The USPS office is located at 10452 Rush Street. The rental rate was established at $100 per month for 12 months for a combined amount of $1,200. The agreement was allowed, at the USPS option, to continue leasing the city-owned property for the next 13 years and 2 months at $1,800, which the combined options increased to December 31, 1978. Since that approved agreement, the City and the USPS have entered into a series of ground lease agreements which saw the rental rates increase and modified changes to the commencement and termination of the lease period.

This proposed lease agreement will provide a 7% increase from the current lease agreement. The current ground lease is set to expire on June 30, 2026.

ATTACHMENT(S):

A. Resolution No. 25-075

RESOLUTION NO. 25-075

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

EL MONTE, CALIFORNIA, APPROVING THE GROUND LEASE

AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE AND

THE UNITED STATES POSTAL SERVICE FOR THE PROPERTY
LOCATED AT 10452 RUSH STREET

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

WHEREAS, on December 16, 1965, the City of South El Monte entered into a ground lease agreement with the United States Postal Service (USPS) for the use of City-owned property located at 10452 Rush Street to serve as a parking lot for the USPS facility; and WHEREAS, the lease agreement has been renewed and modified over the years to reflect changes in terms, including rental rates and lease duration; and WHEREAS, the current ground lease is set to expire on June 30, 2026; and WHEREAS, the City of South El Monte and the United States Postal Service desire to enter into a new Ground Lease Agreement to continue the use of the subject property for postal parking purposes; and
WHEREAS, under the proposed lease, the USPS will lease the property for a five-year term beginning July 1, 2026, and ending June 30, 2031, at an annual rental rate of $20,043; and WHEREAS, the City Council has reviewed the proposed agreement and finds it to be in the best interest of the City and its residents.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE AS FOLLOWS:

SECTION 1. The City Council hereby approves the Ground Lease Agreement between the City of South El Monte and the United States Postal Service for the property located at 10452 Rush Street.

SECTION 2. The City Council authorizes the City Manager, or his designee, to finalize, negotiate, and execute the Ground Lease Agreement and any related documents necessary to effectuate the intent of this Resolution.

SECTION 3. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 2nd day of September 2025. ______________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-075, 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 2nd day of September 2025, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Adrian Garcia, MMC, City Clerk

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

DATE: September 2, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance, Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-076, AMENDING THE EFFECTIVE DATE OF THE

MEDICAL OPT OUT BENEFIT
SUMMARY: Consideration and approval of Resolution No. 25-076, amending the effective date of the medical opt-out benefit.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 076, amending the effective date of the medical opt-out benefit from January 1, 2026, to January 1, 2025.

FISCAL/FINANCIAL IMPACT: The fiscal impact is $62,423 calculated as follows:

DISCUSSION: Staff compared the City employee benefits with surrounding cities and found that the medical opt-out benefit was significantly lower. On July 1, 2025, staff made a recommendation to City Council to increase this benefit to be in line with surrounding cities in order to attract and retain employees, and also to potentially reduce the health insurance cost of the City as more employees opt-out of medical insurance. On July 1, 2025, City Council adopted Resolution No. 25-063, amending and streamlining the provisions of the medical opt-out benefit.

For Calendar Year 2025, there are four (4) employees who have opted-out of medical coverage. Two (2) are receiving no benefits for opting-out, one (1) is receiving $7,200 for opting-out, and one (1) is receiving $1,200 for opting-out.

Because the health insurance cost savings to the City have been significant (92% as compared to 35% going forward), the City would like to provide the 65% medical opt-out benefit to employees effective January 1, 2025, instead of January 1, 2026.

ATTACHMENT(S):

A. Resolution No. 25-076
B. 07/01/2025 Item 9.c. Staff Report & Resolution

ATTACHMENT A
RESOLUTION NO. 25-076

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL,

CALIFORNIA, AMENDING THE EFFECTIVE DATE OF THE

MEDICAL OPT OUT BENEFIT
WHEREAS, on July 1, 2025, the City of South El Monte (the “City”) adopted Resolution No. 25-063, amending and streamlining the provisions for medical opt out; and; WHEREAS, the City finds that it is in the best interest of the City to amend the effective date of the medical opt-out benefit to be January 1, 2025, instead of January 1, 2026.

WHEREAS, the City’s intent is to share the medical insurance premium savings by the employer and employee which would result in a mutual benefit, and at the same time adopt a medical opt out benefit comparable to surrounding cities.

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

Section 1. The above recitals, and each of them, are true and correct.

Section 2. The City hereby adopts a Medical Opt-Out plan of 65% of an employee’s medical insurance premium.

Section 3. All resolutions, parts of resolutions, memoranda or existing policies in conflict here within are hereby repealed to the extent of such conflict.

Section 4. This Resolution shall take effect starting with the medical insurance for the Calendar Year 2025, provided, however, that the provisions of this Resolution shall not apply to employees within a bargaining unit until the City and the union representing the bargaining unit execute a Memorandum of Understanding with respect to such provision or the union waives bargaining and consents to its implementation.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 2nd day of September 2025.

_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 25-076, was duly passed and approved by the City Council of the City of South El Monte at an adjourned regular meeting of said Council held on the 2nd day of September 2025, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Adrian Garcia, MMC, City Clerk

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

DATE: July 1, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance, Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-063, AMENDING AND STREAMLINING THE PROVISIONS

FOR MEDICAL OPT OUT AND ADMINISTRATION LEAVE
SUMMARY: Approval of Resolution No. 25-XX, amending and streamlining the provisions for Medical Opt-Out and Administrative Leave.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 063, amending and streamlining the provisions for Medical Opt-out and Administrative Leave.

FISCAL/FINANCIAL IMPACT: The fiscal impact for medical opt-out would depend on the number of employees who decide to waive their City health insurance coverage each year. The option for medical opt-out would take place each fall during Open Enrollment and would take effect January 1st of each calendar year.

For fiscal year 2025-2026, there would only be a 6-month savings based on the number of employees who opt-out of medical insurance, but for future fiscal years, a full 12- months savings would be achieved.

There is no fiscal impact for administrative leave.

DISCUSSION:

Medical Opt-Out
The City looked at surrounding cities to see what medical opt-out (if any) is provided to their employees. We found that half of the surrounding cities offer their employees 50% to 80% of the health premium for opting out of medical coverage.

ATTACHMENT B

Also, staff reached out to all eight cities, and five cities provide similar medical opt-out benefits to City Council members, but two do not, where one did not respond.

The City is requesting to change the medical opt-out benefit for employees to 65% of health premium. The intent is to share premium savings between the employer and employee, which would result in a mutual benefit. Below are the current Kaiser Permanente monthly rates, along with an example of what the Medical Opt-Out would look like for employees and the City savings.

Medical Opt-out would be paid to employees twice a month via payroll with the following provisions:
o Medical Opt-Out is not reported to CalPERS as earnings. o Medical Opt-Out is taxable.
o Employee electing to cancel City health insurance coverage for themselves and all eligible family members must provide proof of coverage yearly during open enrollment.
o Employee must not be receiving Medicare or MediCal.
o Employee will need to sign a document stating his/her desire to waive their City health insurance coverage on a yearly basis only if the following apply:
• The unit employee had coverage through another (non-City) benefit plan prior to open enrollment (e.g. spouse’s coverage through another employer) and must waive any liability to the City for their decisions to cease coverage under the City’s health insurance plan.
o Employees and their dependents will only be eligible to reinstate their health coverage during open enrollment periods or upon loss of other coverage as permitted by CalPERS under Special Enrollment Periods for a qualifying event within a 60-day period of such an event.
o Medical opt-outs will take place each fall during Open Enrollment and will be effective from January 1st to December 31st of each year.

Administrative Leave
In comparing the City of South El Monte’s benefits to surrounding cities, staff also noticed that South El Monte’s Administrative Leave hours were in general lower than surrounding cities.

Staff is recommending and seeking City Council consideration and approval to update South El Monte’s Administrative Leave hours from 40 hours to 80 hours to be in line with surrounding cities.

ATTACHMENT(S):

A. Resolution No. 25-063 - Medical Opt-Out and Admin Leave

ATTACHMENT A
RESOLUTION NO. 25-063

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL,

CALIFORNIA, AMENDING AND STREAMLINING THE PROVISIONS FOR

MEDICAL OPT OUT AND ADMINISTRATION LEAVE
WHEREAS, the City of South El Monte (the “City”) finds that it is in the best interest of the City to amend and streamline the provisions for Medical Opt-Out and Administrative Leave; and;
WHEREAS, the City’s intent is to share the medical insurance premium savings by the employer and employee which would result in a mutual benefit, and at the same time adopt administrative leave hours comparable to surrounding cities.

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

Section 1. The above recitals, and each of them, are true and correct.

Section 2. The City hereby adopts a Medical Opt-Out plan of 65% of an employee’s medical insurance premium.

Section 3. The City hereby increase the employee’s administrative leave from 40 hours to 80 hours per fiscal year.

Section 4. All resolutions, parts of resolutions, memoranda or existing policies in conflict here within are hereby repealed to the extent of such conflict.

Section 5. This Resolution shall take effect starting with the medical insurance renewal period for the Calendar Year 2026 for the Medical Opt-Out, and July 1st 2025 for the Administrative Leave, provided, however, that the provisions of this Resolution shall not apply to employees within a bargaining unit until the City and the union representing the bargaining unit execute a Memorandum of Understanding with respect to such provision or the union waives bargaining and consents to its implementation.

Section 6. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 1st day of July 2025.

_____________________________
Gloria Olmos, Mayor

ATTEST:
_________________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 25-063 was duly passed and approved by the City Council of the City of South El Monte at an adjourned regular meeting of said Council held on the 1st day of July 2025, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Adrian Garcia, MMC, City Clerk

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

DATE: September 2, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL TO REJECT ALL

PROPOSALS AND REPUBLISH THE REQUEST FOR

PROPOSALS (RFP) FOR INFRASTRUCTURE VALUATION
SERVICE IN ACCORDANCE WITH GASB 34 AND 51
SUMMARY: Staff seek City Council's approval to reject all proposals and republish the RFP.

RECOMMENDED ACTION: Staff recommends City Council approve the rejection of all proposals and to republish the RFP.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact in republishing the RFP.

DISCUSSION: On June 18, 2025, the City issued a Request for Proposal (RFP) for an Infrastructure Valuation Service in Accordance with GASB 34 and 51. The City received one non-responsive proposal based on unclear costs and one late proposal. Staff seek City Council's approval to reject all proposals and republish the RFP.

ATTACHMENT(S):

A. RFP for Infrastructure Valuation
B. Pavement Management Program Report 2023-2028
C. Sewer Rate Study 2010

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE AN INFRASTRUCTURE VALUATION SERVICE IN
ACCORDANCE WITH GASB 34 AND 51
September 3, 2025

DELIVERY ADDRESS
City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: Masami Higa,
Director of Finance

REQUIRED NUMBER OF PROPOSALS
Two (2) hard copies and one (1) electronic
copy (pdf)

CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
Masami Higa
Director of Finance
[email protected]

PROPOSAL DUE DATE
Wednesday, October 8, 2025, 4:00 p.m.

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 Table of Contents
Table of Contents

1. General Information 4

2. Purpose 6

3. RFP Schedule 6

4. Scope of Services 6

5. Time of Completion 7

6. City’s Standard Professional Services Agreement 7

7. Insurance Coverage Limits and Requirements 7

8. Consultant Selection Methodology 7

9. Contract Award 8

10. Required Format for Proposal Submittal 8

11. Fee Estimate Proposal Submittal 9

12. Questions Regarding This RFP 9

13. Proposal Submittal Protocol 10

14. Pre-Contractual Expenses In Responding To The RFP Preparation 10 Attachments:

Attachment A - Affidavit of Non-Collusion
Attachment B - Sample Professional Services Agreement

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE AN INFRASTRUCTURE VALUATION SERVICE IN
ACCORDANCE WITH GASB 34 AND 51
To interested and qualified Consultants:

The City of South El Monte is soliciting Proposals from qualified firms to Provide a n I n f r a s t r u c t u r e V a l u a t i o n S e r v i c e i n A c c o r d a n c e w i t h G A S B 3 4 a n d 5 1 .

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit two (2) hard copies and one (1) electronic copy (pdf) of their Proposals no later than 4:00 p.m. on Wednesday, October 8, 2025, to:

City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: Masami Higa, Director of Finance
If you have any questions, please contact via email (no telephone calls):

Masami Higa
Director of Finance
[email protected]
Late proposals will not be accepted.

Sincerely,
Masami Higa
Director of Finance
City of South El Monte

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 4

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE AN INFRASTRUCTURE VALUATION SERVICE
IN ACCORDANCE WITH GASB 34 AND 51
September 3, 2025

1. GENERAL INFORMATION
A. History and Community Profile
South El Monte, located approximately 18 miles east of downtown Los Angeles, lies in a geographic region known as the San Gabriel Valley. The City is bound on two sides by the San Gabriel Valley's two major drainage features: the Rio Hondo River to the west and the San Gabriel River to the east. Both rivers are contained within concrete-lined channels and flow into the Whittier Narrows immediately south of South El Monte.

Whittier Narrows is a regional open space resource and flood control feature formed by significant erosion between the Puente and Merced Hills.

The area that is now South El Monte was originally part of two Spanish land grants given to early settlers. The lands were used for ranching and other agricultural pursuits through the 1930s. Leading up to and following World War II, however, the region experienced significant industrial growth, with an accompanying boom in the housing market. South El Monte, due to its location adjacent to rail lines and new freeways, successfully attracted a broad base of industry.

The growth of industry during this period, together with local desires to protect and utilize the increasing tax revenues, led local businesses and residents to petition for incorporation. The City of South El Monte incorporated on July 30, 1958, encompassing approximately one square mile, with approximately 3,900 residents.

Between 1958 and 1980, a series of annexations grew the City to 2.85 square miles and approximately 16,000 residents. Through this period, industry remained the major driver of the City's economy, with roughly 1,100 businesses. During the 1980s and 1990s, South El Monte experienced gradual growth resulting primarily from further annexation of peripheral lands. Starting with the early 2000s, the City's residential population has remained close to 20,000 until the present day.

In just six decades the City of South El Monte has matured into a viable commercial and industrial base with a good blend of older and younger residents working in the same dedication and community spirit that the city was founded upon, where both the residents and business community are working together to make the community a better place to live and work.

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 5
B. Governance and Oversight
The City of South El Monte consists of a five-member elected City Council (with elected Mayor) and an appointed City Manager. There are eight departments: City Manager, City Attorney (appointed by Council), City Clerk (appointed by Council), Finance, Human Resources / Risk Management, Public Works, Community Development, and Community Services. The Management Team consists of the following:

City Manager - Rene Salas
City Attorney - Susie Altamirano (employed by law firm of Olivarez Madruga Law Organization, LLP)
City Clerk - Adrian Garcia
Director of Finance - Masami Higa
Director of Human Resources/Risk Management - Iyob Tessema Interim Director of Public Works – Danilo Batson
Interim Director of Community Development – Gerardo Marquez Director of Community Services - Ariana De La Cruz
City Council appointed officers serve at the will of City Council, and other directors serves at the will of City Manager.

For more information, the City’s Audited Financial Statements and Adopted Budgets are available on the City’s website at (https://www.cityofsouthelmonte.org/167/Finance).

C. Background
The City was incorporated in July 1958.

In June 1999 the Governmental Accounting Standards Board (GASB) adopted Statement 34, which mandated local governments to include information about infrastructure assets for the first time as a part of their financial statements. GASB Statement 34 defines infrastructure assets as long-lived capital assets that normally are stationary in nature and can be preserved for a significantly greater number of years than most capital assets.

Examples of infrastructure assets include roads, bridges, traffic signals, and streetlights.

In June 2007 GASB adopted Statement 51, which mandated certain intangible assets to be classified as capital assets. Example of intangible assets include easements and rights-of-ways.

Streets and Highway Code Section 989 states, “989. (a) (1) Upon the incorporation of a city or upon the annexation of territory to a city, all right, title, and interest of the county, including the underlying fee where owned by the county, in and to any county highway within the territory involved, which had been accepted into the county road system pursuant to Section 941 shall vest in the city and shall thereupon constitute a city street. (2) All right, title, and interest of a county in and to any county highway included within territory heretofore incorporated as a city or annexed to a city is hereby determined to have vested in the city as a city street.”

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 6
In 1999 or 2007, the City did not record the value of its infrastructure assets, net of accumulated depreciation, as allowed under GASB 34 and 51.

With this RFP, the City seeks to record its infrastructure assets on its books as allowed under GASB 34 and 51.

2. PURPOSE
The purpose of the Request for Proposals for an Infrastructure Valuation Service is to record the infrastructure assets on the City’s books as allowed under GASB 34 and 51.

3. RFP SCHEDULE
Below is the RFP schedule. Below tentative schedule is subject to change by the City:

Request for Proposals Posted and Issued Wednesday, September 3, 2025 Deadline for Receipt of Questions Wednesday, September 17, 2025 Addendum (if necessary) to Respond to
Questions
Wednesday, September 24, 2025
Deadline for Receipt of Proposals (RFP Due
Date)
Wednesday, October 8, 2025, 4:00
p.m.

Evaluation of proposals October 2025
Final Selection October 2025
Contract Awarded by City Council November 2025
Contract Execution November 2025

4. SCOPE OF SERVICES
The successful Bidder will appraise infrastructure capital assets, including right of ways, in accordance with GASB 34 and 51.

The scope of the infrastructure capital assets being appraised will be of the following:

Street (43.8 section miles; 8,131,331 square feet)
Curb & Gutter
Sidewalk
Right-Of-Ways
Streetlights (190)
Sewer Lines (43.8 miles; 231,504 feet)
Traffic Signals (22 intersections)
Upon completion, the Bidder is to provide an Infrastructure Asset Listing to be maintained by City's Public Works Department.

For all infrastructure assets appraised or valued, Bidder will document the City’s decisions and actions including:

1. Identifying the infrastructure assets required to be reported under GASB 34 and 51

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 7
and the adequacy of present documentation for those assets.

2. Determining the grouping of the infrastructure assets, when applicable.

3. Determining the historical cost, useful life, and accumulated depreciation based on available documents. In the absence of historical records, Bidder shall supply a reasonable estimate of historical cost, useful life, and accumulated depreciation in accordance with GASB 34 and 51.

4. Reference materials are being provided below to assist potential bidders understand the scope of this engagement:
a. Attachment B – City of South El Monte Pavement Management Program 2023-2028
b. Attachment C – City of South El Monte Sewer Rate Study 2010

5. TIME OF COMPLETION
It is anticipated that the term of the contract will be for a period of no more than six (6) months.

6. CIT Y’S ST ANDARD P ROFES SIO NAL S ERVICES AGREEMENT The RFP includes a sample of City’s Professional Services Agreement as Attachment B.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in sample of City’s Professional Services Agreement as Attachment B.

8. CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:

Evaluation Criteria Max
Points
Completeness of the Proposals and compliance with the required RFP format. 25
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience 25
Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.

City Selection Panel will review the proposals received, and rank them based on the

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 8
above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.

At City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected proposers and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who is ranked highest.

After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated, and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.

9. CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.

Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached.

10.REQUIRED FORMAT FOR PROPOSAL SUBMITTAL
Please submit your Proposal in the format specified below:

Cover Letter: Emphasize strong points of the project team and the firm’s experience.

Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 120 days.

Table of Contents: Provide contents of proposal.

Section 1. Approach and Scope of Work: Provide your understanding of the project and describe your approach. Provide a detailed scope of work that your film will utilize in providing requested services in efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, budget/cost control, schedule control, and document control.

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 9
Section 2: Schedule of Services: Provide a project a detailed schedule. Show project tasks, durations, start and completion dates, time allocations for City review and other, if any, that may be involved in the review and approval process.

Section 3. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants.

Provide resumes of all key personnel identified in the organization chart.

Section 4. Company Qualifications: Provide qualifications of prime consulting firm and sub-consultants.

Section 5. References: Provide five (3) Public Agency references for similar projects.

Section 6. City’s Standard Professional Services Agreement (see Attachment B.

Sample Professional Services Agreement): The referenced attachment is City’s Standard Professional Services Agreement, which will be executed by the selected consultant. Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Please note that the City does not guarantee that any revisions to the contract will be accepted. The selected consultant shall be prepared to execute the contract as is, if the City does not accept any changes provided by the consultant.

Section 7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposers shall include an acknowledgement of receiving such Addenda and their agreement with the terms and conditions stated in such Addenda. If no Addenda is issued, proposers shall state so in this section.

Section 8. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Sample Professional Services Agreement The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

11.FEE ESTIMATE PROPOSAL SUBMITTAL
Fee Proposal shall be submitted in a separate sealed envelope. Include the proposed costs to provide the services desired. Include any other cost price information that would be contained in a potential agreement with the City. In addition, include the cost for extra after-hours services or any other services that are considered optional additions, such as hourly rate schedule for services outside of the scope of work of the flat base contract.

12.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:

RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 10
Masami Higa
Director of Finance
[email protected]
Questions regarding this proposal shall be submitted via email to the above contact within the deadline identified on the RFP Schedule. In response to all questions received by this date, City will issue an Addendum on the date identified on the RFP Schedule prior to the proposal submittal due date. The addendum will be emailed to all RFP recipients on record.

13.PROPOSAL SUBMITTAL PROTOCOL
Interested and qualified firms shall submit their proposals as follows:
• Envelope 1: Proposal, 2 copies and 1 pdf file on thumb drive. Please indicate on the Proposal Cover:

PROPOSAL

TO PROVIDE AN INFRASTRUCTURE VALUATION SERVICE IN
ACCORDANCE WITH GASB 34 AND 51
• Envelope 2: Fee Proposal, 1 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

FEE PROPOSAL

TO PROVIDE AN INFRASTRUCTURE VALUATION SERVICE IN
ACCORDANCE WITH GASB 34 AND 51
Proposal submittal due date is:

Wednesday, October 8, 2025, 4:00 p.m.

Proposals shall be addressed to:

City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: Masami Higa, Director of Finance
Late proposals will not be accepted.

Note: Use of the City seal is prohibited on any documents without City authorization.

Consultants shall not include City seal in their proposals without authorization.

14.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. PrePage 226 of 586 RFP To Provide an Infrastructure Valuation Service in Accordance with GASB 34 and 51 RFP, Page 11
contractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP ▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel, or presentations ▪ All other expenses incurred by a proposer/consultant prior to the date of award The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.

END OF RFP

ATTACHMENTS TO FOLLOW
Attachment A Affidavit of Non-Collusion
Attachment B Sample Professional Services Agreement

ATTACHMENT A

AFFIDAVIT OF NON-COLLUSION
I state that I am (title) of
(name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) (name of firm), its affiliates, subsidiaries,
officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that_ (name of firm) understands and
acknowledges that the above representations are material and important and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract.
(Authorized Signature)
(Name of Company/Position)
Sworn to and subscribed before me this day of , 20_ .

Notary Public for California
My Commission Expires:
12402-0001\2179898v2.doc Approved for Use 04/26/18
Attachment A, Page 1

01257.0001/867754.1

ATTACHMENT B

SAMPLE PROFESSIONAL SERVICES AGREEMENT

01257.0001/867754.1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and

01257.0001/867754.1 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this day of , 2025 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and ,
(“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibi t “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest

01257.0001/867754.1
2 professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

01257.0001/867754.1
3 1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Dollars ($ ) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

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5 3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”) . [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

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

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

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be [ ] or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

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7 Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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8 (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute

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9 with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enfo rce ment . In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be

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10 additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revi se specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of

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11 Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times

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12 during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or

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13 work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.

City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices

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14 during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

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15 7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $ ( Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

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16 If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

01257.0001/867754.1
17 Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or

01257.0001/867754.1
18 decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

01257.0001/867754.1
19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
ATTEST:

Gloria Olmos, Mayor
Adrian Garcia, City Clerk
APPROVED AS TO FORM:

OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
Susie Altamirano, City Attorney
CONSULTANT:

By:

Name:

Title:

By:

Name:

Title:

Address:

If applicable, two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2025 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

PARTNER(S) LIMITED

GENERAL NUMBER OF PAGES

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2025 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE(S)

TITLE OR TYPE OF DOCUMENT

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER

NUMBER OF PAGES

DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01257.0001/867754.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
III. Consultant will perform the following Services:

A.

B.

C.

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

A.

B.

C.

V. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A.

B.

C.

VI. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

VII. Consultant will utilize the following personnel to accomplish the Services:

A.

B.

C.

01257.0001/867754.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

01257.0001/867754.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

RATE TIME SUB-BUDGET
A.

B.

C.

D.

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

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

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

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

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

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

EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Task A
B. Task B
C. Task C
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

B.

C.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

FINAL REPORT

UPDATE OF

PAVEMENT MANAGEMENT PROGRAM
(Citywide)
2023-2028

Submitted to:

City of South El Monte, CA
June 14, 2023
100-21

ATTACHMENT B

June 14, 2023
Mr. Rene Salas
City Manager
City of South El Monte
600 S. South El Monte Avenue
South El Monte, CA 91016
Subject: Final Report - Update of the Pavement Management Program Dear Mr. Salas:

As part of the 2023 Update of the Pavement Management Program for the City of South El Monte, Bucknam Infrastructure Group, Inc. (Bucknam) is pleased to submit the Final Report for the City’s pavement network.

The information contained in this report was used to develop the recommended improvement program for the pavement network. The report covers the following categories:
• Executive Summary (Section I)
• Pavement Management Program Development and Reporting (Section II) • Pavement Conditions For Each Segment in the Network (PCI Report – Section III) The Pavement Condition Index report shows the present condition of each street in the pavement network. In addition, the report shows the basic geometry of each street segment. • Forecast Maintenance & Rehabilitation (FMR) Reports (Section IV) • Recommended Maintenance and Repair Strategies
The recommended maintenance and repair strategies were used to generate the Forecast Maintenance & Rehabilitation Report and were based on our 2023 inspections. Additionally, we have assessed and incorporated unit cost and maintenance application practices/types with our strategies. • Projected Projects based on M&R Strategies
The FMR Report projects the street maintenance activities required for the next five years, broken down to show maintenance levels for Arterials, Collectors, Locals and Alley streets. The data included in this report is organized by fiscal year.

Our thorough analysis of previous and current South El Monte PMP strategies enabled our staff to make proactive recommendations to the City’s pavement CIP. All comments received from the City have been incorporated in the reports that follow. All of the City’s issues and needs that were brought to our attention are included in the report. It has been a pleasure working with you and the City on updating your Pavement Management Program. We look forward to the continued success of this project and future teamwork with City staff.

Sincerely,
Bucknam Infrastructure Group, Inc.

Peter J. Bucknam
Project Manager
Infrastructure Management – GIS Services

City of South El Monte Page i
2023 Pavement Management Program
Final Report – June 14, 2023

TABLE OF CONTENTS
I. Executive Summary
A. City’s Pavement Network
B. Current Citywide Conditions
C. Maintenance Strategy Development
D. Annual Budget Projections
E. Quality Control Efforts
F. Findings and Recommendations
II. Pavement Management Program-Capital Improvement Program A. PMP Scope of Work
B. Maintenance Strategy Assignments
C. Multi-Year Annual Work Program Projects
i. Increase PCI Budget
ii. Maintain PCI Budget
D. Condition Distribution Report
E. Calculation of PCI
F. Sample Distress Photos – Recommended Treatment
III. Pavement Condition Index (PCI) Reports
A. PCI Reports - Definitions
B. South El Monte 2023 PCI Map
C. Name Order (A to Z)
D. PCI Order (0-100)
IV. Forecast Maintenance / Rehabilitation Report
A. Increase PCI Budget, Five Year Plan (2023-2028)
B. Forecast Maintenance / Rehabilitation FY 2023-2028 Maps

City of South El Monte Page ii
2023 Pavement Management Program
Final Report – June 14, 2023
Table and Figure Reference Page #
Figure 1 – Pavement Area (SF) by Street Classification Sec 1-2 Figure 2 – Historical PCI Findings (FY 2018-2023) Sec 1-3 Figure 3 – PCI Distribution by Section Mileage for All Streets Sec 1-6 Figure 4 – Sample Pavement Life Cycle Sec 2-3
Figure 5 – Five Year Projection; Increase PCI to 66 Budget Sec 2-6 Figure 6 – Five Year Projection; Maintain PCI of 63 Budget Sec 2-8 Figure 7 – PCI Calculation Worksheet Sec 2-11
Figure 8 – South El Monte MyRoads® PMP Web-Portal Sec 2-12 Figure 9 – Arterial Condition Distribution Sec 2-13
Figure 10 – Local Condition Distribution Sec 2-13
Figure 11 – Sample Distress Photos – Recommended Treatment Sec 2-14 Figure 12 – 2023 South El Monte Pavement Condition Index (PCI) Map Sec 3-4 Figure 13 – Forecast Maintenance & Rehabilitation (FMR) Maps – Increase PCI Sec 4-4 to 4-9 Table 1 – Past and Present PCI Results and Comparisons Sec 1-3 Table 2 – Condition Distribution by Section Mileage for All Streets Sec 1-4 Table 3 – Five-Year Projection Demonstrating Annual Budget to Increase PCI to 66 Sec 1-9 Table 4 – Five Year Projection Demonstrating Annual Budget to Maintain PCI of 63 Sec 1-9 Table 5 – Pavement Condition Index (PCI) Ranges Sec 2-2 Table 6 – Maintenance Strategy Assignments Sec 2-2
Table 7 – Necessary Funding to Increase PCI to 66 Sec 2-6 Table 8 – Necessary Funding to Maintain PCI of 63 Sec 2-7 Acronym Listing
American Society for Testing and Materials (ASTM)
Army Corps of Engineers (ACOE)
Asphalt Concrete (AC)
Asphalt Rubber Hot Mix (ARHM)
Average Daily Traffic (ADT)
Capital Improvement Program (CIP)
Geographic Information System (GIS)
Los Angeles County MTA (METRO)
Maintenance and Repair (M&R)
Pavement Condition Index (PCI)
Pavement Management Program (PMP)
Portland Cement Concrete (PCC)

City of South El Monte Page 1
2023 Pavement Management Program
Final Report – June 14, 2023 Section I

SECTION I

EXECUTIVE SUMMARY
2023 UPDATE OF PAVEMENT MANAGEMENT PROGRAM
This report reflects the continued commitment and proactive management of the City’s Pavement Management Program (PMP); the last major update to the City’s PMP was performed in 2018. As the City of South El Monte continues to show growth in its population, demographics, infrastructure and maintenance needs, the street network is demonstrating similar needs in regard to capital revenues and capital improvement program management.

Today, the City is currently using the Army Corps of Engineers pavement management program, MicroPAVER, to manage the 43.8 miles within street network. This software is essential to the City in that it assists Public Works staff in identifying what levels of annual funding are needed to maintain and/or improve the pavement conditions across the network. These funds are vital for the annual arterial / collector street capital improvement program projects as well as for cost-effectively managing the local network through proactive cyclical maintenance/rehabilitation and scheduling. Under this project, the City has incorporated the update of its unique Pavement Management – GIS MyRoads® PMP web-portal and GIS layers that assist the City in spatially analyzing pavement conditions and economic needs for a given pavement segment or citywide.

The South El Monte PMP has been developed to assist City personnel by providing current data on the City street networks and to develop cost-effective maintenance / rehabilitation strategies to maintain a desirable level of pavement performance on a network scale; this optimizes the expenditure of limited fiscal resources. The PMP efforts in 2023 consisted of analyzing the City’s previous PMP dataset for quality and usability. City staff also provided key information pertaining to the ongoing maintenance/rehabilitation efforts that have occurred throughout the City since 2018. In doing this, we were tasked to generate an updated Capital Improvement Program report that identified deficiencies and recommendations in the current operating and maintenance efforts put forth by the City.

For the 2023 project, our staff surveyed all arterial and collector routes to assist the City in complying with Los Angeles County MTA (METRO) PMP requirements as well as surveyed all local streets sections and analyzed historical maintenance / rehabilitation operations.

Specifically, the program provides administrators and maintenance personnel with:
• The present condition status of the pavement network (arterial, collector, and local streets), as a whole and of any grouping or individual component within the City; • A ranked list of all streets, or segments of streets, by condition within the network; • Rehabilitation/maintenance needs of qualifying street segments by year; • An optimized priority maintenance and rehabilitation program based on cost/benefit analysis and various levels of funding;

City of South El Monte Page 2
2023 Pavement Management Program
Final Report – June 14, 2023 Section I
• Optimum annual budget levels for pavement maintenance for the current and the following five (5) years;
• Prediction of the future performance of the City’s pavement network and each individual street section; and
• Pavement network and conditional data presented in ArcGIS that is compatible with City’s existing GIS Enterprise
Pavement is a dynamic structure where deterioration is constantly occurring; thus the pavement management system needs to be updated on a regular basis to reflect these changes in pavement conditions, pavement maintenance histories, and maintenance strategies based upon budgetary constraints. In our approach to develop the City’s forecasted maintenance recommendations we worked with South El Monte staff in identifying unit costs for all maintenance practices used on an annual basis.

Currently, based upon the City’s maintenance practices and their associated unit costs, the total replacement value of the pavement network is $68,800,000 This value clearly indicates that the City’s pavement network is the most valuable and essential asset to South El Monte. The City’s use of slurry seal, ARHM Overlay and R&R practices are typically applied at a five year, ten year and 25 year frequency respectively. These frequencies are typical but the City may see increases in deterioration rates due to environmental, load and high average daily traffic (ADT) volumes. For example, high ADT volumes along one of South El Monte’s arterial streets will increase deterioration rates for a previously applied AC Overlay compared to a small local street. These deterioration rates are monitored through frequent inspections and functional class deterioration analysis within the City’s PMP database.

This report reflects our findings and recommendations for the PMP and the current state of the City’s pavement network. Furthermore, we have recommended detailed funding and maintenance strategies for the arterial/collector and residential networks for next five (5) years.

CITY’S PAVEMENT NETWORK
Within the South El Monte Arterial/Collector
pavement network consists of
approximately 15.1 section miles of streets,
2,849,035 SF of AC/PCC pavement that is
made up of 85 pavement sections. The Local
network consists of approx. 28.7 section
miles of streets, 5,282,296 SF of pavement
which includes 235 pavement sections.

Combined, the entire network consists of

43.8 section miles of streets, 8,131,331 SF
and 320 total pavement sections.

The City’s pavement network is broken down into manageable groups that have similar characteristics, such as pavement rank, surface type and logical segmentation. Pavement segments are identified by their branch and section numbers. Pavement “branches” that have a common usage, such as Garvey Avenue, defines a “branch” within MicroPAVER. Pavement “sections” are pavement segments within the defined branch that have consistent pavement rankings, construction/maintenance histories Figure 1

City of South El Monte Page 3
2023 Pavement Management Program
Final Report – June 14, 2023 Section I
and use. Representative inspection samples are then selected and visually surveyed to locate distress data. This data is used to calculate the pavement sections Pavement Condition Index (PCI) which includes distress type, extent of the distress and its severity.

The PCI is a condition rating that ranges from 100 (a new pavement section or recently overlaid or reconstructed) to 0 for a section that has structurally failed and deteriorated dramatically. Weighted average PCI of a given area/zone equals the pavement sections PCI multiplied by its own area then divided by the total square footage of the given area/zone. Table 1 summarizes the section conditions found within the City of South El Monte pavement network by rank. • The weighted avg. PCI for the City of South El Monte ARTERIAL / COLLECTOR network is 64.7 • The weighted avg. PCI for the City of South El Monte LOCAL network is 61.9 The weighted PCI value associated with the Arterial and Local routes shown through our survey analysis is timely in that it demonstrates the results of proactive pavement management. Furthermore, it is showing that a moderate amount of preventative, slurry seal, and overlay work will be needed over the next several years to sustain the level of condition (PCI) at a “preventative maintenance” level. The City is proactively scheduling and funding its PMP to reach a citywide weighted PCI of 66 within the next five years.

Table 1 – Past and Present PCI Results and Comparisons
Figure 2 – Historical PCI Findings (FY 2018-2023)

City of South El Monte Page 4
2023 Pavement Management Program
Final Report – June 14, 2023 Section I

CURRENT CITYWIDE CONDITIONS (ARTERIALS-COLLECTORS AND LOCALS) The overall condition of the City’s pavement network is “Fair” with a weighted average PCI of 63.0 based on the surface area of each segment (this is a 2.0 PCI increase or a 3% increase compared to 2018 results).

The distribution of the City’s overall pavement network is shown in Section III of this report (Condition Distribution).

Table 2 – Condition Distribution by Section Mileage for All Streets For comparison, Bucknam performed
pavement management studies for
several other Los Angeles County
agencies and have included their
weighted PCI values (right).

As shown above, a large majority of
segments are evenly distributed
through all five condition categories
(Very Good to Very Poor). For a network in “preventive” condition status you would typically see Very Good to Good section percentage totals at the 55% to 60% range; South El Monte’s network currently shows 32% of its sections within these PCI ranges. These findings indicate that the proper funding of the network needs to improve over the next five years; this will allow Public Works managers/staff to proactively establish preventative and rehabilitation schedules that will generate further high-value ROI for the City. At a minimum, to sustain this asset, continued amounts of overlay rehabilitation and slurry seal maintenance needs to be budgeted for and performed across all areas of the pavement network.

As shown in Table 2, over 68% of the City’s entire network falls within the fair, poor and very poor condition categories based on the PCI findings, highlighting the need for continued funding and implementation of proactive slurry seal & overlay projects. More overlay rehabilitation activity will increase the City’s overall weighted PCI while reducing deferred maintenance costs in future fiscal years. Overlay projects applied to appropriate, qualifying segments is necessary to sustain the City’s network in a preventative condition status as described above. A network-wide preventative condition status is typically a network with a weighted average PCI over 75.

City of South El Monte Page 5
2023 Pavement Management Program
Final Report – June 14, 2023 Section I
Regarding the Local network, detailed inspection analysis shows that 25% (7.1 miles) of the local pavement network requires slurry seal maintenance activity while 52% (14.9 miles) requires overlay rehabilitation or full reconstruction.

With the major amount of Local sections needing rehabilitation the City should proactively appropriate the necessary amount of annual overlay funding to improve the network to a higher condition level. The Local network has shown minor improvement over five years however it will continue to be a major contributor to the high amount of deferred rehabilitation cost burdens unless appropriate pavement funding is applied.

In regard to the Arterial / Collector network, detailed inspection analysis showsthat 36% (5.4 miles) of the local pavement network requires slurry seal maintenance activity while 56% (8.5 miles) requires overlay rehabilitation or full reconstruction over the past five years the overall PCI has decrease by 5%. This is due to the considerable minimal amount of arterial CIP overlay projects that have been applied to the network since 2018. With the overall PCI in the mid-60’s, proactive planning and application of scheduled overlay projects needs to be established; this will improve the overall conditions while freeing up additional funding for deferred projects. With the supplement of SB1/RMRA/Measure M/Measure R monies coming to the City this fiscal year additional projects can be schedule and expedited over the next three years.

Through our assessment of the City’s annual pavement management budget allocations (FY 2023-2028) the lack or major reduction of necessary CIP funds will cause the City’s citywide weighted PCI to decrease over the next five years if additional funding is not appropriated.

Furthermore, as large overlay and rehabilitation projects are considered for funding, the City should also consider using sub-grade R - Values, structural design, distress severities and extents as parameters for determining whether a pavement section that lies within the Poor to Very Poor condition range should be overlaid or reconstructed. The City has available and accessible Google .kmz Coring Data that will serve as an essential tool when assessing AC and Base thicknesses during grind and overlay planning.

PCI conditions reflect “surface” conditions; additional sub-surface data such as coring data, R-Values and ground penetrating radar (GPR) will provide City to with a better approach to the maintenance that should be applied.

Our 2023 findings reflect the need to proactively manage the PMP network over the past several years.

This is evident in the minor overall increase in citywide weighted PCI since 2018 and high amounts of deferred maintenance/rehabilitation projects. As the City strives to implement a more preventative state of M&R, cost efficient Arterial/Local rehabilitation and proactive use of available SB1/Measure M/Measure R/Proposition C overlay funding should remain the focus.

City of South El Monte Page 6
2023 Pavement Management Program
Final Report – June 14, 2023 Section I
Figure 3 – PCI Distribution by Section Mileage for All Streets

MAINTENANCE STRATEGY DEVELOPMENT
Based on the results of the condition survey and input from the City, pavement maintenance/rehabilitation strategies were developed. From the onset, the City and Bucknam staff identified a distribution of City maintenance funds that would be applied to the network over the next five years. This was based upon the desire to prevent the decrease in street conditions and not allow an increase in the maintenance backlog funds over the five-year program.

Through our assessment and discussions with the City we were requested to identify what level of funding would be required to maintain the current PCI as well as identify the level of funding needed to increase the PCI to 66. With this approach, Bucknam has recommended a “minimal level of service” which creates a major dividing line in determining between preventive maintenance and major pavement rehabilitation.

Generally within pavement management programs, a PCI range between 55 to 70 determines the threshold of when preventive or major overlay rehabilitation is activated. Based on the City’s weighted average PCI, condition distribution, maintenance practices, our team has identified a PCI of “65” as the minimum level of service. This means, in most cases, that pavement sections with a PCI greater than 65 will typically be recommended for preventive maintenance (i.e. slurry seal). This recommendation is indicated in Table 6, Section II.

Bucknam developed two multi-year Capital Improvement Programs for the City based on the pavement records, yearly capital expenditures, available funding and the most recent 2023 inspections. These recommendations and results are shown in Section II of this report where, for example, we have demonstrated what level of funding is necessary to improve the current weighted condition level of 63 to a level of 66 by FY 2028.

City of South El Monte Page 7
2023 Pavement Management Program
Final Report – June 14, 2023 Section I
As shown above in Figure 3, 36% of the City’s streets are in Good to Fair condition. These sections will be targeted for “preventive” maintenance within our Capital Improvement Program (CIP) recommendations.

The reasoning in doing this is to extend the life cycles of those “good” pavement sections which accrues capital saving to aggressively rehabilitate those pavement sections that are below the “minimal level of service”.

In order to achieve the most effective and optimum program for the City, certain strategies have been selected and/or analyzed. Below is a listing of the maintenance activities utilized in strategy development.

Each activity is representative of the types of work that have been programmed as part of the long-term maintenance requirements of the City’s street network.

General Repairs-Stop Gap (Localized Maintenance*); PCI Range – 20 to 95 For this maintenance type, small localized surface treatments are utilized as “holding action” solutions (stop gaps) to delay the need for pavement structural strengthening. They typically include activities such as crack sealing, AC deep patching, AC skin patching, PCC slab replacement, grinding and leveling.

Microsurfacing - (Global Maintenance*); PCI Range – 60 to 85 Microsurfacing is similar to slurry seal. It consists of the application of a mixture of water, asphalt emulsion, aggregate (very small crushed rock), and chemical additives to an existing asphalt concrete pavement surface. Polymer is commonly added to the asphalt emulsion to provide better mixture properties. The major difference between slurry seal and microsurfacing is in how they “break” or harden. Slurry relies on evaporation of the water in the asphalt emulsion. The asphalt emulsion used in microsurfacing contains chemical additives which allow it to break without relying on the sun or heat for evaporation to occur. Thus, microsurfacing is an application that hardens quicker than slurry seals and can be used when conditions would not allow slurry seal to be successfully placed. Streets that have a lot of shade and streets that have a lot of traffic are good candidates for microsurfacing (source - LA County of Public Works).

Slurry Seals (Global Maintenance*); PCI Range – 60 to 85 Surface treatments applied to pavements with minimal surface distress to provide new wearing surfaces and extend pavement life. Generally consists of a mixture of conventional or latex-modified emulsified asphalt, well-graded fine aggregate, mineral filler and water placed over an existing AC surface; Slurry seal application life-cycles are averaging 4 to 5 years. Type II Slurry is recommended for Local streets.

Cape Seals (Global Maintenance*); PCI Range – 40 to 65
This is an application of a single layer of asphalt binder to a road surface immediately followed by a single layer of cover aggregate (chips). The single layer chip seal is then followed with a slurry seal application; Conventional cape seal application life-cycles are averaging 6 to 7 years. For sections that have lower PCI’s in this range, leveling courses should be considered. City is currently considering this application as an alternative cost-saving tool. Currently not used by the City.

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Overlays (Major Rehabilitation*); PCI Range – 20 to 65
AC Overlay – Placement of a layer of hot-mixed asphalt concrete over the existing pavement surface (may include pavement fabric). Grinding (milling) is performed prior to the overlay to reduce the total height of asphalt and assure alignment with existing gutter lines. This also includes “dig-outs” and crack sealing prior to the application of an overlay. This treatment provides a new wearing surface and increased structural strength to the pavement section. A conventional overlay should be designed for a ten-year life.

Asphalt Rubber Hot-Mix Overlay - The ASTM definition is: Asphalt-Rubber is a blend of asphalt cement, reclaimed tire rubber and certain additives in which the rubber component is at least 15% by weight of the total blend and has reacted in the hot asphalt cement sufficiently to cause swelling of the rubber particles. Specifically, using crumb rubber modified binders in pavement application benefit local agencies in that cities find:
• Pavement resists cracking by being more flexible;
• Cost savings come from a longer life cycle (from Bucknam’s experience typically 20% longer), decreased maintenance and the use of less material
• Improvement in skid resistance;
• Decreased noise; and
• It provides long-lasting color contrast for marking and striping • Life cycles are averaging 8 to 12 years
Reconstruction (Major Rehabilitation*); PCI Range – 0 to 20 Reconstruction of an existing pavement section includes demolition and removal of the asphalt to a prescribed depth, grading, sub-base compaction, application of a binder/surface course followed by the placement of a conventional flexible pavement section using a structural AC Hot Mix, ARHM or a full depth asphalt. Each classification of road has a typical design cross-section based on anticipated traffic loading. Reconstruction resets a roadway section PCI to 100 and restarts the life-cycle deterioration curve of the section.
*Localized, Global and Major maintenance activities are default terms used within the MicroPAVER pavement software. Specific pavement repair applications are placed within each maintenance activity in order to develop multi-year maintenance forecast recommendations.

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Final Report – June 14, 2023 Section I

ANNUAL BUDGET PROJECTIONS
The budgeting process was approached with the following in mind; generate two (2) unique work programs for the next five (5) years based upon actual road pavement conditions in order to:

1. Identify the required annual citywide budget to “increase PCI” within five years;

2. Identify the required annual citywide budget to “maintain current PCI” within five years; and Table 3 – Five-Year Projection Demonstrating Annual Budget to Increase PCI to 66 Table 4 – Five-Year Projection Demonstrating Annual Budget to Maintain PCI of 63 Our findings within Table 3 demonstrate the continued ROI that will result if proper annual funding is applied. By applying approximately $1,390,000/yr ($7,000,000 over five years); the City will start to see positive results with overall PCI, sustainment in deferred preventative maintenance and overlay rehabilitation.

Additional detail and breakdown of budget projections are demonstrated in Section IV of this report.

All work program budgets generated are presented in terms of current 2023 dollars. All repair activities were based on distresses observed at the time of the field survey. These are recommendations and are to be used as “the best case scenario” for improving the City of South El Monte street network.

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Final Report – June 14, 2023 Section I

QUALITY CONTROL EFFORTS
Quality control efforts begin at the notice-to-proceed; this involved a full assessment of the previous PMP spreadsheet as well as available GIS data associated with the City of South El Monte street network. The PMP data provided was then converted into a new MicroPAVER database for the City to manage their street network moving forward.

As indicated in our scope of work, Bucknam performed numerous quality control checks in the field during survey efforts. Field check efforts were performed at the end of each week of survey; 10% of the pavement inspection set was resurveyed by a second team to ensure the quantities and distress types were collected properly (approx. 5 miles).

During our assessment of the previous PMP data, it came to our attention that there were some significant issues with the previous dataset. These issues included inaccurate segmentation, length, width, and true area values, and inspections that did not follow ASTM D6433 standards. Bucknam staff individually reviewed every section across the network to ensure all sections contain similar pavement type, age, and condition. Additionally, length, width, and true area values were corrected for all sections which enhances the accuracy of our budgetary modeling and cost estimations. In total, the City’s section miles increased by 5.9 miles; The total true area across the network decreased by 766,033 SF; and the total number of pavement sections decreased from 533 to 318.

Through our internal quality control efforts, we also found multiple sections that were missing from the previous database. All new sections were added to the PMP database and included in our survey efforts.

We believe that all public street sections have been identified, inventoried, and surveyed under this project.

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Final Report – June 14, 2023 Section I

FINDINGS AND RECOMMENDATIONS
Arterials/Collectors
The actual workload requirements identified indicate that the Arterial/Collector street network is currently in “Fair” condition (PCI = 64.7). To improve this condition, it is essential that preventive maintenance and overlay rehabilitation activities are funded at the levels identified in Table 3 to increase the network weighted average PCI value to within the “Good” condition category.

Our arterial/collector findings for conditional data and recommendations for revenue expenditures are shown below:
• The Arterial/Collector network has a weighted PCI of 64.7; • Currently, 56% of the arterial/collector network (approx. 8.5 miles) qualify for overlay/reconstruction maintenance; 36% (approx. 5.4 miles) qualify for slurry seal maintenance; • At a minimum, Arterial/Collector maintenance projects should focus on achieving and maintaining the a PCI of 65+ within the next five years;
• Develop a proactive fiscal and planned approach to identify arterial/collector overlay projects based on the deterioration modeling within MicroPAVER;
• Maintain arterial/collector revenues at the levels shown within the Section IV Forecasted Maintenance Report for a minimum of five years to generate the results identified within this report;
• Reassess/re-evaluate the arterial/collector rehabilitation budget programs every two years to improve on CIP forecasts for 2023-24 and beyond to ensure the results shown in Table 3 and 4; • Perform pavement inspections on the arterial/collector network every three years to build a solid planning model within MicroPAVER/MyRoads® to track PCI deterioration; • Demonstrated budget shown in Table 3 is ample to improve upon the Arterial/Collector weighted PCI of 64.7 through five years, however, the citywide deferred backlog increases from a level of $15.2 million to $17.5 million after five years; and
• Bucknam recommends that the City proactively budget overlay rehabilitation projects at the levels shown in Table 3 in order to improve upon the conditions found today as well as minimize the impact of a high increase deferred backlog across the City

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Locals
The actual workload requirements identified indicate that the Local street network is currently in “Fair” condition (PCI = 61.9). To improve this condition, it is essential that preventive maintenance and overlay activities are funded at the levels identified in Table 3 to increase the network weighted average PCI value in the “Fair” category.

Our Local findings for conditional data and recommendations for revenue expenditures are shown below:
• The Local network has a weighted PCI of 61.9;
• Currently, 52% of the Local network (approx. 14.9 miles) qualify for overlay/reconstruction maintenance; 25% (approx. 7.1 miles) qualify for slurry seal maintenance; • At a minimum, Local maintenance projects should focus on achieving and maintaining a weighted PCI above a level of 65+ within the next five years;
• Current Local Forecast Maintenance & Rehabilitation (FMR) recommendations should be followed as shown in Section IV reporting;
• Develop a proactive fiscal and planned approach to identify Local overlay projects based on the deterioration modeling within MicroPAVER;
• Increase Local revenues at the levels shown within the Section IV Forecasted Maintenance Report for a minimum of five years to generate the results identified within this report; • Reassess/re-evaluate the Local rehabilitation budget programs every two years to improve on budget forecasts for 2023-24 and beyond to ensure the results shown in Table 3 or 4; • Perform pavement inspections on the Local network every three years to build a solid planning model within MicroPAVER/MyRoads® to track PCI deterioration; and • Demonstrated budget shown in Table 3 is ample enough to improve the Local weighted PCI; proactive overlay funding needs to be implemented to see these results. however, the citywide deferred backlog increases from a level of $15.2 million to $17.5 million after five years • Bucknam recommends that the City proactively budget overlay rehabilitations at the levels shown in Table 3 in order to improve upon the conditions found today as well as minimize the impact of a high increase deferred backlog across the City

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2023 Pavement Management Program
Final Report – June 14, 2023 Section II

SECTION II
PAVEMENT MANAGEMENT PROGRAM – CAPITAL IMPROVEMENT PROGRAM Bucknam Infrastructure Group, Inc. (Bucknam) performed the following services in accordance with the scope of services that was contracted with the City of South El Monte. As a quick overview, the following tasks were performed to complete the work over the past several months:
2023 Pavement Management Work Efforts:

Task 1: Project Kickoff-Data Management
Task 2: Update of Maintenance Activities
Task 3: Pavement Condition Survey (approx. 43.9 miles)
Task 4: Budgetary Analysis and Capital Improvement Reports Task 5: Executive Summary and Final CIP Reports
Task 6: Mapping of the Pavement Network
Pavement Management Program Update 2023
As a part of the 2023 update of the pavement management program, a major element of work was to complete a comprehensive assessment of the existing street network and PMS database within the City.

This included assessing the City’s existing 2018 MicroPAVER dataset, GIS, street naming conventions and work history information. From there, Bucknam worked with the City to confirm public and private street listings which set the foundation for accurate CIP reporting. All data was then updated into the City’s MicroPAVER database.

Work history information was provided by the City in the form of completed bid documents, institutional knowledge, and previous dataset and Excel documents. This information was entered into the proper pavement segments that match the limits of those projects. From there, CIP pavement recommendations were performed (discussed and demonstrated below) where the pavement maintenance information the City provided (PMS material practices, unit costs, and capital budgets) were used to generate recommendations through the MicroPAVER system.

Table 6 demonstrates PCI ranges utilized for PCI calculations and reporting. Once a pavement inspection is complete, a PCI is calculated for each pavement section. Each PCI calculated falls within a defined PCI range category (Very Good, Poor, etc.). Furthermore, a weighted PCI was calculated for each functional class within the network (arterials and locals).

The PCI is a condition rating that ranges from 100 (a new pavement section or recently overlaid or reconstructed) to 0 for a section that has structurally failed and deteriorated dramatically. Weighted average PCI of a given area/zone equals the pavement sections PCI multiplied by its own area then divided by the total square footage of the given area/zone. This information can also be represented through MicroPAVER to show how much square footage or percentage of area falls within a PCI range category.

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Table 5 – Pavement Condition Index (PCI) Ranges
These condition ranges are defined by the Army Corps of Engineers and defaulted within the MicroPAVER software. The summary of all roads condition data and their representative PCI's can be seen in the Pavement Condition Report in Section III.

STRATEGY ASSIGNMENT TABLE
The City was requested to provide a pavement maintenance list that demonstrated what pavement applications were currently being used and to provide their associated unit costs; from there a Maintenance Strategy Table was defined within the system that provided recommended actions to the specific repair needs of a street or a grouping of streets.

Strategy Assignment Table
Table 6 – Maintenance Strategy Assignments
The Strategy Assignments List, shown in Table 6, was developed to identify the most critical segments in each of the work programs (Arterial, Collector and Local). Segment priorities were established by determining the range of PCI's requiring first attention based on the relative value of each segment’s PCI, thus maximizing the annual maintenance budget. Also, distress quantity, area extent, type and severity were critical elements in the decision process for recommending maintenance. The assignment table is used as a guide within MicroPAVER to recommend maintenance, however, further assessment by City staff and/or outside parties can override maintenance recommendations.

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Final Report – June 14, 2023 Section II
This can be done by reviewing and assessing distress extents and their weighted percentages.

Once the strategy assignments were set within the system, budgets and work assignments were generated for each work program on an annual basis. Using pavement deterioration curves for each type of pavement surface and class of road, both current year and future years work requirements for each pavement segment within the City were determined. In forecasting the maintenance requirements in future years, the current PCI value is reduced annually for each pavement segment based on the MicroPAVER deterioration curves within the City’s database.

Likewise, maintenance activities performed in a given year increase the PCI value as they are applied to the segment. The overall program is dynamic in that each strategy consists of a cyclic series of actions that simulates the pavement anticipated life cycle.

Strategy Assignment Notes

1. Unit costs from the City’s most recent construction bids were used as well as benchmarked values from neighboring LA County cities;

2. 25% contingency costs were applied to pavement material costs; additional soft costs that were not included were:
a. Right-of-way improvements
b. Curb & gutter improvements
c. ADA ramp improvement
d. Utility improvement
e. Tree removals

3. Bucknam applied a 5% inflation rate on the annual budget within forecast maintenance & rehabilitation projections (Section IV)
Figure 4 – Sample Pavement Life Cycle

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Final Report – June 14, 2023 Section II

MULTI-YEAR ANNUAL WORK PROGRAM PROJECTIONS
The goal of these projections is to assist City policy makers in utilizing the recommendations of the MicroPAVER system. By using the City of South El Monte’s current budgets and maintenance practices the system will develop “section unique” improvements and strategies. Qualifying segments will be tied to a specific fiscal year. As shown in the following pages, we have assessed the budgets that have been projected to meet the maintenance and rehabilitations needed to maximize the City’s return on investment. The budget forecasting goal for the City network focused on:
 Establishing a proactive multi-year Maintenance & Rehabilitation Program;  Developing a preventive maintenance program; and
 Selecting the most cost-effective repairs based on City strategies INCREASE PCI BUDGET – A recommended budget was generated for the City to demonstrate the necessary funding that is required to increase the current weighted PCI level of 63 to 66 within five years.

MAINTAIN PCI BUDGET – The Maintain PCI budget was generated for the City to demonstrate what level of annual funding is required to sustain the overall weighted PCI of 63 for the next five years. *All multi-year budget projections include a 5% inflation rate for the term of the budget forecast.

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ARTERIAL-COLLECTOR / LOCAL

BUDGET PROJECTIONS

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INCREASE PCI TO 66 PROGRAM (FIVE YEAR MODEL)
With the City striving to show proactive rehabilitation across all qualifying pavements, a $7 Million/5-Yr budget program was applied to current conditions to show a potential higher return on investment. We used the “Maintain PCI Budget” PMP model (shown on page 7) as a basis for our modeling. Building upon the results of the previous reporting model we increased the amount of funding available for overlay/rehabilitation efforts. The “Increase PCI” program incorporates pavement sections that have a functional class of Arterial (A, C) and Local (E).

Table 7 – Necessary Funding to Increase PCI to 66
Referring to Table 7, it is noted that the weighted PCI increases proactively through the five-year term (63.0 to 66.5). Additionally, the annual deferred maintenance total stay relatively consistent by only increasing from $15.2 million to $17.5 million at the end of the five-years. If the City utilizes an average annual budget of $1,390,000/yr for slurry, overlay, and reconstruction projects as shown above, the City will be able to “increase” the current conditions and will continue to see a sustaining of deferred maintenance by fiscal year 2028. We recommend that a focus be placed on the Local network improvements due to the fact that the weighted PCI is now in the low 60’s. We still recommend consistent Arterial/Collector based approach to maintenance within this term as well.

Figure 5 – Five Year Projection; Increase PCI to 66 Budget

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Final Report – June 14, 2023 Section II

MAINTAIN PCI PROGRAM (FIVE YEAR MODEL)
With the City striving to show proactive maintenance/rehabilitation across all City pavements, a budget program was generated to show the greatest return on investment through the application of slurry seal, grind/overlay and alternative overlay rehabilitations. Our goal under this model is to maintain the current 2023 weighted PCI of 63.0 after a five-year program. This model will demonstrate the necessary funding to achieve this goal.

We used the City’s current unit costs within our modeling as a cornerstone within the recommended program. Assessing all work history, current PCI and relevant unit costs for construction a realistic and achievable annual budget was achieved. The Maintain Program incorporates pavement sections that have a functional class of Arterial (A, C) and Local (E).

Table 8 – Necessary Funding to Maintain PCI of 63
Referring to Table 8, it is noted that the weighted PCI consistently remains at a PCI of 63 pace throughout the five-year projection. Furthermore, the resulting deferred maintenance backlog shows that it increases from $15.4 million to $19.3 million after the five years program which indicates that an annual $800k budget is not ample enough to chip away at the deferred maintenance on the network. If the City were to reduce their annual funding to a level of $500k/yr major overlay projects would continue to be delayed thus increasing the overall deferred maintenance to a level of $23.5 million after five years.

We recommend that a stronger focus be placed on the Local network improvements within the first three years due to the fact that the network has a worse weighted PCI than the Arterials/Collector. We still recommend comprehensive maintenance to the Arterial/Collector network through localized patching, slurry seal and through the use of SB1/Measure M/Measure R funds.

DEFERRED MAINTENANCE
Delaying repairs on streets where pavement condition indicates a need creates deferred maintenance. Deferred maintenance includes pavement maintenance / rehabilitation that is needed across the entire network, but cannot be performed due to the lack of available funding and is pushed to the next budget cycle. The actual repairs that are being deferred are often referred to as a “backlog”. As maintenance is deferred, the opportunity to apply life extending preventive pavement applications is lost and the ultimate cost of rehabilitation multiples.

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Figure 6 – Five-Year Projection; Maintain PCI of 63 Budget As mentioned above, a continued local slurry/overlay M&R “zone” strategy should be utilized for several reasons. With the City applying continued local maintenance efforts, four beneficial impacts occur:
1) Planned / Maintenance areas are addressed every five years which creates a dedicated project schedule for City staff and constituent inquiries; 2) Deferred overlay rehabilitation can be addressed in a more effective manner due to accrued revenues
3) A preventative maintenance strategy is more cost-effective in a long-term PMP rather than implementing a maintenance approach that addresses only the “worst-first” streets. 4) All maintenance alternatives are available due to the increased funding and focused maintenance within one zone per year.

On the negative side, if low weighted PCI values occur within a given zone, all streets within that zone may not be able to be addressed with maintenance when that zone is scheduled for maintenance. The deferred maintenance will have to be scheduled for future years or simply will have to wait until the zone cycle repeats.

Additionally, it is recommended that the City continue to monitor the potential application of Cape Seal and/or High Density Mineral Bond (HDMB) as an asphalt application alternatives for the specific local sections. Specific sections are now qualifying for maintenance that warrants a stronger application rather than a typical slurry seal. With a five year cycle in motion, it is essential to address localsections that have PCI’s less than 65 with the proper rehabilitation since crews will not be back within that area for five to six years.

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Final Report – June 14, 2023 Section II

PAVEMENT MANAGEMENT PROGRAM REPORTS
In addition to the annual budget scenario, this report contains a comprehensive and complementary assemblage of pavement management reports ranging from summary reports to annual maintenance and rehabilitation schedules (Forecast Maintenance & Rehabilitation (FMR) Report, Section IV). Collectively as well as individually, the reports represent reasonable projections of pavement maintenance needs and performance based on visual condition assessments, unit cost estimates, and pavement deterioration models.

It is important to note that pavement segment dimensions and surface area recorded during 1999-2018, and 2023 inspections, along with the action and repair costs, as presented within the reports are accurate within tolerable limits. This is noteworthy due to the "implied" accuracy of reporting length and width to the nearest foot, surface area to the nearest square foot, and action and repair unit costs and project estimates to the nearest penny and dollar, respectively.

NEXT STEPS
As with any infrastructure management software program, time investments need to be made by key Public Works staff to maintain the integrity of the data as well as the accuracy. Bucknam can perform training sessions in the use of the MicroPAVER tools and demonstrate how to generate standard commonsense reports to assist City staff in developing yearly budgets, project level analysis, and CIP projections.

This will be key to future management of the pavement program and reporting. City personnel need to maintain their commitment to the preventive maintenance system, while working toward reducing the City's present backlog of rehabilitation projects.

In order to ensure that report outputs are accurate and credible, it is essential that the integrity of all data files be maintained. This will require performing all necessary updates when changes are made to scheduling scenarios, unit cost information, historical data, etc. In addition, the entire pavement network will have to be re-inventoried at regular intervals. This typically includes surveying arterial and collectors every two years and locals every three.

This will not only allow work to be scheduled based on the most current condition data available, but will provide City personnel with a means to monitor actual rates of pavement deterioration so appropriate modifications can be made to the system curves. To be compliant with the METRO requirements, the City must generate a triennial Pavement Management report indicating condition ratings, inspection dates and forecasted maintenance/rehabilitation recommendations.

Bucknam will be supporting the City with staff level support to assist in the continuous updates with the MicroPAVER/MyRoads® system. This will include work history updates, generating reports from the system, unit cost updates, and future inspections.

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Final Report – June 14, 2023 Section II

CONDITION DISTRIBUTION REPORT
This report depicts the distribution of the pavement condition throughout the street network by area.

The condition scheme ranges from “Very Good” to “Very Poor”; with a “Very Good” condition corresponding to a pavement at the beginning of its life cycle, and a “Very Poor” condition representing a badly deteriorated pavement with virtually no remaining life.

The table below shows the general description for each pavement condition:

Condition Description – PCI Range - Description
2023 City of South El Monte weighted average PCI is 63.0 (Fair).

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CALCULATION OF PCI
In order to calculate a Pavement Condition Index (PCI) value within MicroPAVER, specific street section data needs to be inputted into MicroPAVER to define the survey limits, asphalt types, pavement age and metrics. Pavement “sections” are pavement segments within the defined branch that have consistent pavement street classifications, construction/maintenance histories and use. Representative inspection samples are then selected and visually surveyed to locate distress data. This data is used to calculate the pavement sections Pavement Condition Index (PCI) which includes distress type, extent of the distress and its severity.

The PCI is a condition rating that ranges from 100 (pavement section that is in perfect condition) to 0 for a section that has structurally failed and deteriorated dramatically. The PCI is calculated from three major data entries from our inspectors:

1. Distress Type (one of 20 AC or 19 PCC types); these include alligator cracking, bleeding, block cracking, corrugations, depressions, long/trans cracking, patch/utility cut, potholes, rutting, weathering, raveling, etc.

2. Distress Quantity (the square footage, length or count of a specific distress)

3. Distress Severity (the level of severity determined for each distress found; low, medium or high)
Figure 7 – PCI Calculation Worksheet

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Final Report – June 14, 2023 Section II
South El Monte MyRoads® Web-Portal – Bucknam’s MyRoads® is a great match for the South El Monte’s PMP today and the future. MyRoads® brings your PMP data to life within a dynamic dashboard! Bucknam now provides all our PMP clients with a unique and agency driven “MyRoads®” web-portal that provides instantaneous access to your pavement management database. This “dashboard” allows users to toggle through individual sections via GIS mapping selections, zone queries, rank selection, PCI ranges, etc. to review all section metrics, latest/previous inspections, work histories generate filtered PCI reports and identify potential maintenance / rehabilitation costs based upon your unique needs.

Bucknam has shown below the current South El Monte MyRoads® account actively working! This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the South El Monte PMP database the MyRoads® dataset is changed to reflect work history edits, PCI inspections and section changes.

In summary, MyRoads® allows the user perform the following dynamic functions:
• Query specific pavement segment(s) to view current/historic PCI, work history inspection; • Filter for pavement sections within a defined zone, PCI range and/or functional class; • Select a pavement section or grouping
of section through the on-board GIS
tool;
• Enter slurry, overlay & reconstruction
unit costs to determine preliminary
cost of maintenance and resulting
citywide PCI
o Display critical street / sidewalk
/ ROW assets along pavement
section(s) that are critical to
Engineering Bid development
and solicitation (ADA ramps,
utilities, manholes, trees, etc.
• Displays all final GIS project maps (PCI,
work history, 5-yr forecasted
maintenance, etc.)
• Bucknam will train South El Monte’s
staff on the simply use of the MyRoads®
dashboard.

Figure 8 – South El Monte MyRoads® PMP Web-Portal

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Figure 9 – Arterial/Collector Condition Distribution
Figure 10 – Local Condition Distribution

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SAMPLE DISTRESS PHOTOS – RECOMMENDED TREATMENT (FIGURE 11) Bucknam Infrastructure Group

1. Alligator Cracking
Cracks that form a chicken wire or
alligator scale like pattern.

Low Severity: Thin parallel
longitudinal cracks that may come
together at certain points, but full
alligator pattern is not present yet.

Medium Severity: Further
development of cracks into alligator
pattern. Cracks are starting to spall.

High Severity: Alligator pattern is
heavily developed, and cracks are
spalled to the point where individual
pieces may become separated.

Typical Recommendation: Low severity, R&R – Patching, crack sealing; high severity R&R-overlay

2. Bleeding
Bleeding occurs when incorrectly
mixed asphalt is applied and in hot
weather the asphalt or tar rises to the
surface.

Severity is determined by the amount
of asphalt/tar present.

Typical Recommendation: Low
severity, apply coarse sand; high
severity, grind or heat planer excess,
resurfacing may be necessary

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3. Block Cracking
Longitudinal and transverse cracks
that intersect to form smaller than
10x10 ft blocks. Creates uniform
blocks with straight edges.

Low Severity: Cracking is less than
3/8 inches.

Medium Severity: Cracking
between 3/8 and 3 inches.

High Severity: Cracking is over 3
inches.

Typical Recommendation: Low
severity, crack sealing; high severity, R&R-overlay

4. Bumps and Sags
Small, localized, and linear upward
or downward displacements of
pavement, which can be caused by
a variety of factors.

Severity is determined by the
extent to which ride quality is
diminished.

Typical Recommendation: R&R -
Patching

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5. Corrugation
Closely spaced Bumps and or Sags that
form a washboard effect in the
pavement.

Severity is determined by the extent to
which ride quality is diminished.

Typical Recommendation: Low severity,
R&R – Patching; high severity, R&Roverlay

6. Depression
Localized area of pavement with a lower
elevation than the surrounding
pavement.

Low Severity: depth of ½ to 1 inch.

Medium Severity: depth of 1 to 2
Inches.

High Severity: depth greater than 2
inches.

Typical Recommendation: R&R - Patching

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7. Edge Cracking
Cracks that are parallel to the
edge of the pavement that may
cause a break up of pavement.

Low Severity: Low or Medium
cracking with no breakup.

Medium Severity: Medium
cracking with some breakup.

High Severity: Considerable
breakup of pavement.

Typical Recommendation: R&R -
Patching

8. Joint Reflective Cracking
Cracking that is reflected through
AC pavement when it is overlaid
on top of PCC pavement.

Low Severity: Cracking is less than
3/8 inches.

Medium Severity: Cracking
between 3/8 and 3 inches.

High Severity: Cracking is over 3
inches.

Typical Recommendation: R&R -
Overlay

City of South El Monte Page 18
2023 Pavement Management Program
Final Report – June 14, 2023 Section II

9. Lane / Shoulder Drop-off
Elevation change between
pavement and shoulder.

Low Severity: Difference in
elevation is between 1 and 2
inches.

Medium Severity: Difference in
elevation is between 2 and 4
inches.

High Severity: Difference in
elevation is over 4 inches.

Typical Recommendation: R&R –
Patching or edge grinding

10. Linear & Transverse Cracking
Cracks that are generally either parallel or
perpendicular to traffic.

Low Severity: Cracking is less than 3/8 inches.

Medium Severity: Cracking is between 3/8 and 3
inches.

High Severity: Cracking is over 3 inches.

Typical Recommendation: Low severity, crack
sealing; high severity, R&R - Overlay