South Gate City Council
January 24, 2023

As-8u//t Drawings
Following receipt of the City-approved marked set of drawings from the Contractor after construction is complete, our team will incorporate all changes noted on the marked set within 60 days following receipt of the Contractor's marked set. The budget is based on changes to 32 sheets at one (1) hour per sheet for preparation of the As-Built Drawings, totaling 35 labor-hours which includes a combination of team members to produce and review the as-builts provided by the Contractor.

LABOR AND FEE ESTIMATE
Our detailed fee summary is attached as the Price Proposal. We are prepared to complete the work on a Time and Materials (T&M) basis, as summarized below. The fees presented are to provide construction support services for the Urban Orchard Multi-Benefit Park and Green Infrastructure Project.

Project Management
Project Engineer Design Support
Structural Observation
Site Inspedions
Final Inspection and Commissioning
As-Built Drawings
Total
S 105,840
S 72,980
S 4,560
S 18,944
S 9,596
S 4,700
'9 216,620

NOTICE TO PROCEED
Our team is ready to begin work on this immediately following a Notice to Proceed. Please feel free to contact me if you have any questions regarding our scope of services or the proposed fee. If Studio-MLA agrees with the above services and fee, please return a signed copy of this proposal.

Sincerely, ,,-
Aric Torreyson, PE
Project Manager
Attachment(s): Tetm Tech Price Proposal
BY
Authorized Signature
Printed Name
Title
3 TETRA TECH
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Outline of Parties' Responsibilities
Proposed Roles & Responsibilities for City of South Gate and The Trust for Public Land
SWGP project implementation - Urban Orchard - 7 Acre Site The City of South Gate (City) has received a grant award of $7.9M (SWGP Grant) from the State of California's State Water Control Board's Storm Water Grant Program (SWGP) to implement storm water management improvements at the 7-acre site (SWGP Site) that is part of the larger 30-acre Urban Orchard Project (Urban Orchard Site). For clarity and to ensure a successful partnership between the City of South Gate and The Trust for Public Land (TPL) the tasks listed in the SWGP Grant application budget have been broken down to identify which entity will assume responsibility.

To note, TPL was awarded grants from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Grant l of $845,000, Grant 2 $1,387,401.44 and Grant 3 $2,172,307 to design and construct the Urban Orchard Site (Orchard Grant). TPL, as recipient of this grant, will take on the Orchard Grant responsibiities in their entirety. The Orchard Grant is only referenced in this document to clarify areas where the two grants overlap.

The City, as the SWGP Grant recipient, will administer the SWGP Grant and hire the contractors and TPL will be a paid consultant to the City, together with a City-hired construction manager, to act as Project Managers, assuring coordination and cohesion in the implementation of the improvements at the 7-acre SWGP Site with the larger 30-acre Urban Orchard Site for which TPL has already received the Orchard Grant, and intends to pursue additional grants.

TASKS WHERE THE CITY OF SOUTH GATE IS THE LEAD:

TASK 1- PROJECT ADMINISTRATION
o Deliverables
* Fully-Executed Grant Agreement
* Kick-off Meeting Agenda, Participant List, Meeting Notes, and List of Action Items
* Project Administration - City
o City of South Gate will administer all contracts required to complete the improvements including but not limited to: TPL, General Contractor (GC), Construction Manager (CM), Geotechnical and Environmental Inspectors, Labor Compliance, Permits for Project, etc.
o Deliverables:
and List* Progress Meeting Agendas, Participant Lists, Meeting Notes, of Action Items
4508334. l -L235.53 l
2?
165
* Request for Reimbursement Forms and Documents and related disbursements to all City contractors
@ Project Completion Forms and Documents (within 90 calendar days of project completion)
* Grant Completion Forms and Documents (within 90 calendar days of submitting the Project Completion Report)
@ Records Retention (per the grant agreement)
* Reporting
o Deliverables:
* Financial Reports
* Quarterly Progress Reports and Forms
@ Draft and Final Project Report
TASK 2 - MONITORING AND PERFORMAN(J,
* The Monitoring and Performance scope outlined in the SWGP Grant are specific to the implementation of the 7-acre site. All monitoring and performance associated with this project will be covered by the SWGP Grant funds. TPL, as acting project managers will work with the City to issue an RFP to select a consultant for this work. Develop Monitoring Plan * Annual Update of the Project Assessment and Evaluation Plan * Develop the Quality Assurance Program Plan (QAPP) * Pre- Construction Monitoring
* Post Construction Monitoring
* Data Management and Reporting -
o Deliverables:
* Monitoring Plan
* Annual Updates of the PAEP
@ QAJ'P
* Pre- and Post-Construction Monitoring Data and Analysis * Data Reported to SWAMP and CEDEN
TASKS WHERE THF, TRUST FOR PUBLIC LAND TAKES THE LEAD:

TASK 1- PROJECT ADMINISTRATION
* Project Administration - Consultant
o TPL will act as project managers for the Planning, Design Engirieering, Construction Documents and Bid Process associated with the SWGP Grant (Task 2).
4508334.1- L235.53 2
2?-
166
TASK 2 - PLANNING, DESIGN, ENGINEERING, AND ENVIRONMENTAL Planning, Design, Engineering, and Environmental Tasks are currently underway as pait of the planning project led by TPL under the Orchard Grant, This planning project will provide complete constniction documents, including plans and specifications, site surveys, technical reports, and storm water management recommendations (but not permits) for the 7 acres of the Urban Orchard area between Firestone Blvd and Southern Avenue. All time and expenses incurred related to the securing of permits for the project will be done under the SWGP Grant and will be billed to that project accordingly In addition, TPL has begun and will continue working with the County of Los Angeles, Department of Public Works, as well as the City of Los Angeles Department of Water & Power, as well as any other property owners within the Orchard Grant project area, to secure approvals, leases, use agreements, etc. to implement the improvements on their respective properties. TPL will add to their scope of work listed in the Orchard Grant and secure the associated permits to implement the 7-acre project as part of scope under the SWGP Grant.
o Deliverables:

Copies of Completed Pemiits and Approvals.

Outreach efforts to keep the community infoimed/engaged in this project were conducted due to the extended design timeframe and the larger scope/budget of the project. o Tabling events and meetings at South Gate Park
o Thunderbird Villa engagement
o Virtual engagement during COVID
Coordination with the Public Restroom Company for the pre-fabricated buHding to meet City requirements.
o Coordination with design team and pre-fabrication building ffl Base design and utility requirements
a Finish building materials
Creation of graphics for the add alternatives to clearly illustrate the different phases of the project for bid purposes.
o Several iterations created
Creation of the bid schedule and bid items based on the different add alternatives provided o Several iterations created
OT ASK 3 - CONSTRUCTION/IMPLEMENT ATION
As project managers for the design and implementation of the 7-acre site, TPL will work with the City on all tasks related to the implementation of the SWGP Grant, Task3, including:
* Construction Contracting
TPL will work with the CM to create a list of pre-qualified Contractors per the City's Municipal Code. The City would then invite bids from these prospective GCs select the GC based on City Code.
o Deliverables:
* Request for Qualifications Document
4508334. l- L235.53 3
fi
167
* List of Received Proposals and Rankings
* Executed Agreement with the Constniction Contractor(s) and Punch List
@ KiCk-Off Meeting Agenda, Participant Lift, Meeting Minutest and Action Items
* Construction Management
TPL together with the City-hired CM will oversee the overall planriing, coordination, and oversight of the construction project. Due to the partially overlapping timelines of the Orchard Grant and SWGP Grant, TPL is aware of the potential need to extend the grant term for implementation. Shoud a grant extension be needed under the SWGP Grant, TPL and CM will work with the City to provide a revised schedule and request a grant extension per the 'Time Extension Process' listed in the SWGP Grant Project Director Resource Guide.
o As the contract holder, City will approve COs, Budget, schedule, plans and specs, contingency fund or delegate responsibility to the CM to do so. o Deliverables:
* Construction Management Agreement and Punch List @ Completed Storm Water Pollution Prevention Plan
* Construction
CM with TPL's assistance will oversee GC's constniction of improvements, and evaluate all proposed COs and their impact on budget and schedule constraints and advise City.

TPL is aware of a budget shortfall in the SWGP Grant application. If necessary, TPL will work with the City and CM to value engineer the project to ensure completion within budget.
o Deliverables:
* Notification to the State Water Board Prior to Construction @ Photographs of the Completed Project Site
* Documentation/Specifications of Devices (e.g., pumps, treatment facilities, irrigation system, etc.)
* Documentation of System Check and Confortnance to Industry Standards
* Invoices Detailing the Completed Work
* Certificate of Completion
TASK 5 - EDUCATION & OUTREACH
TPL will work with the design team and the community to integrate community-based interpretive elements into the project wherever possible. Interpretive elements may be standalone signs or other park features such as shade structures, benches, boulders, etc.

The goal of the interpretive elements is to make clear the larger environmental impact of the project site to community members that may not be familiar with green infrastructure, native trees and shrubs, Or the revitalization of the Los Angeles River. * Interpretive & Educational Elements & Signage
4508334.1-L235.53 4
168
o Deliverables:
* Community engagement to select style and type of interpretive signs * Design team and artist to design the art & interpretive signage * Photographs of the Installed interpretive elements TASK 6 - GRANT WRITING/BUDGET MONIFICATIONS
TPL worked on several grant opportunities to secure funding for this project. * Grant writing, graphics created and coordination o The Urban Greening Grant (not awarded)
o RMC Grant (awarded $2.1M)
o Measure W (awarded $5.4M)
o Proposition 68 (pending $4.3M)
* Community meetings conducted for grant requirements o Virtual engagement/meetings
o Flyer creation
o Outreach efforts
o Spending time with the community prior to the virtual meeting explaining the technology needed to join the meetings.
o Creation of graphics and PowerPoint presentations.

TPL worked on overall project budget creation.
* Finance department created and update the budget to present to City Council and other city departments.
o Several iterations were created of the budget to represented different SCenarlOS
a based on current funds available
a based on pending fiinds
a based on acquisition of new funds
4508334. I-L235.53 5
30 169
4508334.1- L235.53
Attachment A
TPL's Fee Proposal
6 J/ 170

DESIGN PHASE
Item
Project Manager"
Program Director
Outreach Coordinator
Finance Director
Houzs Spent
10/1/2020-
7/9/2021
353.7

50.2 323.3

82.5 'PM starts 12/ 1/2020 - act/Nov hours already billed CONSTRUCnON PHASE
Item
Sbiffing
Project Manager
Program Director
OutreachCoordinator
Finance Director
Hours Spent
7/10/2021-
IQ/15/2021
160.2

29.5 93.1

5.5 The Trust €ot Public Iand
Parks for People - Los Angeleg
Utban Orchard Fee Schedule
November 2, 2021
Projected
Hours Total Hours dB((
353.7

50.2 323.3

82.5 Total
e, 45,981.00
5 9,538.00
$ 25,864.00
$ 17,325.00
Balance
Existing Fee
(4,407.00)
(12,005.40)
(8,678.60)
Add Service
$ 41,574.00
$ (2,467.40)
$ 17,185.40
$ 17,325.00
Tohil Labor $ 981708.00
Expenses $
Add Service Design
$ (25,091.00) $ 73,617.00
$ (2,740.43) $ (2,740.43)
$ 70,876.57
Ptojected
Hours Total Hours Rgte Total
Balance
Existing Fee Add Semce
935.0
153.0
153.0

17.0 1 ,095.2
182.5
246.1

22.5 $ 142,376.00
$ 34,667.40
$ 19,688.00
$ 4,725.00
$ 142,376.00
$ 34,667.40
$ 19,688.00
$ 4,725.00
Total Labor $ 201,456.40 $ 201,456.40
Adjustment $ (73.40)
AddServiceConstruction $ 201,383.00
aro'rht 4
3L 171

STUDIO-
MLA
201 SauthMl81lOnROe#
Los%sl*a,Callfoniih G!0038
T. 218 8841844
*'udlo-mla,com
Manch 2, 2020
RE: Urban Orchard Additional Services #7
Dear Robin:

We are provlding this additional service in response to The Trust for Public Land's requestfor the following changes to the Urban Orchard project:

Construction drawingstoinclude:
a, Demolitionandremovaloffenceandgateatchannelwallandreplacementwitha welded wire fence and gate.
b. Demolitionandremovalofexistingchainlinkgateatbridgeandreplacementof new chain link gate.

0. NewfencingatSouthernAve.fencetothechannelandnewdoubleswlnggate, d. Notes for clear and grub of existing grade in the area between the bridge, the park, and Southern Ave.
e, (1)siteviaitandcoordination(Studio-MLA)
8tudlo-MLA -Construction Documents
Demolition, construction, details, and revised specifications. $ 4,5EiO
Cummlng - Cost Estimate
Construction cost estimate forthe items stated above: $ 'l ,000 Additional Servk,e Total: $8,550.00
Please let us know if you have further questions.

Sincerely,
Matt Lysne
Associate Principal
UiN(l!Vi!iPEAla:HITECT J+iliFHkn':HIJ(ALiCFNStJ+'l(itTi JoNl)a/ €!!.(:41.CFl-19EdFC2.i 172

ATT ACHMENT C
Amendment No. 4
Contract No. 3352
AMENDMENT N0. 4 TO CONTRACT N0. 3352
FORPRLaFKSSlUNAL SERVICES FORTHEDF,VELOPI%'IENT AND
CONSTRUCTION OF THF, T7T2'R AN ORCH. PROJECT BETWEEN

THE CITY OF SOUTH GATE AND THE TRUST FOR PUBLIC LAND This Amendment No. 4 to Contract No. 3352 for Professional Services for the development and constnuctionoftheUrban OrchardProject ("AmendmentNo. 4"), is made and entered into onMay 25, 2021, by and between the City of South Gate, a municipal corporation ("City"), and The Trust for Public Land, a California non-profit benefit corporation ("TPL"). City and TPL are sometinies hereinafter individually referredto as a "Party" and collecti'vely as "Parties." RECIT AI!3
WHEREAS, the Urban Orchard Project is a proposed 7-acre passive park in the City of South Gate along the Los Angeles River and the I-710 Freeway, with a primary purposes of providing stoim water -off treatment, recreation space, and open space ("Urban Orchard Project"), The park improvements under design relative thereto include, but are not limited to, a community orchard with fruit trees, native shade trees, storm water diversion stnuctures from the Bandini Channel, a constucted wetland with emergent vegetation, an education garden, a laioll overlool<ing the wetland, a multi-use community building, irrigation, utilities, a natural play area with a water element, multi-use exercise pathways, picnic areas, exercise stations, public art, groundcover vegetation, pathway lighting, and a maintenance garage; WHEREAS, on August 8, 2017, the City Council approved Contract No. 3352 for Professional Services with TPL ("Agreement"), under which TPL agreed to provide program and project management services to assure coordination and cohesion of the Urban Orchard Project, and to assist the City in obtaining government grants to help fund constniction of the Urban Orchard Project;
WHEREAS, the Agreement has already been modified tliree times, by amendments dated as of January 22, 2019 ("Amendment No, l"), July 9, 2019 ("Amendment No. 2"), and November 10, 2020, ("Amendment No, 3"), to address matters unrelated to the purpose of this Amendment No. 4;
WB[EREA8, Section 6 of the Agreement states that TPL will be fully responsible for all payments to constuction contractors and subcontractors for worlcperformed ontheUrban Orchard Project where the source of funding for such work is government grants which name TPL as the grant recipient;
WHF,RF,AS, said Section 6 also acknowledges that even where TPL is responsible for suchpayment, the Citymay be required topay the contractors directly, suchas in situations where the constnuction contract inquestionis deemedto be apublic works contact; WHEREAS, even though the purpose of the such grants is to cover the cost of paying those contractors, the proceeds of such grants will not be received by TPL until afterpayment to the contractors is issued; and
Page l of 3
:14- 173
Amendment No. 4
Contract No. 3352
'WHEREAS, the City and TPL now desire to execute this Amendment No. 4 in order to establish procedures and protocols for the payment by the City from its own funds to contractors in such situations, for the timely reimbursement to the City by TPL from TPL's own funds, and for the subsequent reimbursement of TPL from the proceeds of those grants.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. PROCRDURE FOR TRANSFER OF FUNDS UNDER SECTION 6 0F THF, AGREEMENT.

Section 6 ofthe Agreementishereby amended to addthe following subsections (a) tbrough (d):
(a) Notice of Contractor Payment Request, Whenever (i) a grant is awarded to TPL and the proceeds thereof are to be used to defray conskction costs, material costs or other costs relative to the Urban Orchard Project, but (ii) the corresponding constuction contract (or any applicable law) requires that the contractor, subcontractor or material supplier (collectively referred to for puiposes of this Section 6 as the "Contactor") be paid directly by the City, then (iii) the City shall promptly forward to TPL a copy of each payment request received from the Contractor and approved by the City, together with all supporting documentation providedbytheContractor. TheCitymaysatisfytherequirementofthisparagraph by directing the City's construction manager to deliver a copy of such appro'ved request and documentation to TPL promptly following the City's approval of such request. Tbis paragraph is not intended to, and shall not, assign to TPL any rights of the City to solely deterine the amount payable to any Contractor, which right is expressly reserved by the City. The information referenced herein is being provided to TPL for the sole purpose of allowing TPL to beginpreparing its own request to the grantor of said grant for the issuance to TPL of corresponding grant proceeds, subject to finalization of such request pursuant to paragraph 6(b) below. (b) Notice of City's Payment to Contractor. When the City issues payment to the Contractor in response to its approved request, the City shall promptly notify TPL of the amount paid, the date paid, and the Contractor to whom such payment was made.
(c) Reimbursement by TPL to City. Not later than thirty (30) days after receiving notice pursuant to Section 6(b) above, TPL shall reimburse the City the amount paidbytheCitytotheContractorasspecifiedinsaidnotice. ThePartiesunderstand that TPL will most likely not have received the necessary grant funds from the grantor at the time such payment is due to the City, and that TPL shall use its own fundstoreimbursetheCity. FollowingsuchpaymenttotheCity,,TPLshallfinalize and aibmit to the grantor TPL's request for reimbursement from the grant funds of theamountspaidtotheCity, TPLshallretainthecorrespondinggrantfundswhen received from the grantor.

Page2of3
21 174
Amendment No. 4
Conhaact No. 3352
(d) Cooperation of Patties. The Parties agree to cooperate with each other as necessary to facilitate prompt payment to Comractors, diligent preparation and subinission of applications for grant proceeds, and timely reimbursement to the City.

2. EFFECT OF AMENDMENT8; AFFIR#IATION OF TERMS OF ORIGINAL AGREEMENT AND PREVIOUS AMENDMENTS; TERMS; RECITALS.

Except as expressly amended lierein, all other teiins and conditions of tlie Agreement as amended byAmendmentNo. 1, AmendmentNo. 2 andAtnendmentNo. 3 shall reinain in fiill force arid effect. All capitalized tenns used but not defined in tliis Amendment No. 4 shall have the same meanings attributed to tliem in tl'ie Agreement. All of the recitals set foith in this Amendment are by this reference incorporated in and made a pat-t of tis Agreement as thougli fully set foith herein.

IN IVITNESS WHEREOF, the Paities hereto haye caused this ArnendmentNo. 4 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

Al Rios, Mayor
Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FOR&I:

F. Salinas, City Attorney
THE TRUST FOR PUBLIC LAND:

By: I,.Q'/ /4o
Gilman Miller, Senior Counsel
Date: June 15, 2021

j49
175

ATT ACHMENT D
Amendment No. 3
Contract No. 3352
AMENDMENT N0. 3 TO CONTRACT N0. 3352

FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT AND

CONSTRUCTION OF THE URBAN ORCHARD PROJECT BETWEEN

THE CITY OF SOUTH GATE AND THE TRUST FOR PUBLIC LAND This Amendment No. 3 to Contract No. 3352 for Professional Services for the development and construction of the Urban Orchard Project ("Amendment No. 3"), is made and entered into on November 10, 2020, by and between the City of South Gate, a municipal corporation ("City"), and The Trust for Public Land, a California non-profit benefit corporation ("TPL"). City and TPL are sometiffies hereinafter individually referred to as a "Party" and collectively referred to as "Parties." RECJT ALS:

WHEREAS, on August 8, 2017, the City Council approved Contract No. 3352 for Professional Services with TPL ("Agreement") to provide program and project management services to assure coordination and cohesion of the Urban Orchard Project, through and including August 21, 2020, in an amount not to exceed Three Hundred Eighty-One Thousand Three Hundred-Fifty Dollars ($381,350);
WHEREAS, the Urban Orchard Project is a proposal for a 7-acre, passive park along the Los Angeles River and the I-710 Freeway, with a primary purpose of providing storm water run- off treatment and providing recreation and open space. The park improvements under design include, but are not limited to, a community orchard with fruit trees, native shade trees, storm water diversion structures from the Baxidini Channel, a constructed wetland with emergent vegetation, an education garden, a knoll overlooking the wetland, a multi-use community building, irrigation and utilities, a natural play area with a water element, multi-use exercise pathways, picnic areas, exercise stations, public art, groundcover vegetation, pathway lighting and a maintenance garage;
WHEREAS, on January 22, 2019, the City Council approved Amendment No. l tq the Agreement ("Amendment No. l") to conduct the environmental soil characterization needed to prepare the soil management plan to aid in ensuring proper and efficient soil handling and disposal during the excavation and construction activities for the Urban Orchard Project, in an amount not to exceed Thirty-Four Thousand Three Hundred Fifty Dollars ($34,350), under the terms and conditions of the Agreement, bringing tlie aggregate total of the Agreement and Amendment No. l to a sum of Four Hundred Fifteen Thousand Seven Hundred Dollars ($415,700); WHEREAS, on July 9, 2019, the City Council approved Amendment No. 2 to the Agreement ("Amendment No. 2") to extend the scope and services to supplement the (a) Phase I, Cultural Resources Assessment and Section 106 Compliance Study, and (b) a Jurisdictional Delineation Repoit forthe Urban Orchard Project; through and including August 20, 2021, in an amount not to exceed Fourteen Thousand Nine Hundred Seventeen Dollars ($14,917), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. l and Amendment No. 2 to a sum of Four Hundred Thirty Thousand Six Hundred Seventeen Dollars ($430,617); and

176
Amendment No. 3
Contract No. 3352
WHEREAS, City and TPL desire to execute Amendment No. 3 to fund the additional services performed to update Phase I, Cultural Resources Assessment and Section 106 Compliance Study and to fund permit fees as identified in Exhibit "A" attached hereto, in an amount not to exceed Nine-Thousand Three-Hundred Eighty-Six Dollars ($9,386), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2 and Amendment No. 3 to a sum of Four-Hundred Forty-Thousand Three Dollars ($440,003).

NOW, THEREFORF,, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. MODIFICATION TO AGREEMENT
a. SCOPE OF SERVICES.

TPL shall extend its scope ofwork and services to City as identified in Exhibit "A." b. COMPENSATION OF SERVICES.

The amount of compensation paid by the City to TPL for the work identified in Exhibit "A" shall not exceed Nine-Thousand Three-Hundred and Eighty-Six Dollars ($9,386). The aggregate total sum of the Agreement, Amendment No. 1, Amendment No. 2 and Amendment No. 3 shall not exceed Four-Hundred Forty- Thousand Three Dollars ($440,003).

C. EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, the Agreement shall remain unchanged during the term of the Agreement. All of the recitals to this Amendment No. 3 are incorporated into the Agreement as modified by this Amendment No. 3.

Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
[Remainder of page left blank intentionally.]

177
Amendment No. 3
Contract No. 3352
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

BY: 'alv'i €lJa,&"W<r"/')
Date: ]/-tf,zo,,-]
ATTEST:

Carmen Avalos, City C
(SEAL
APPROVED AS TO FORM:

Bg:

I F. Salinas, City Attorney
THE TRUST FOR PUBLIC LAND:

By:

Gilman Miller, Senior Counsel
Date: November 10, 2020

ff 178

ATT ACHMENT E
Amendment No. 2
to Contract No. 3352
AMENDMENT N0. 2 TO CONTRACT N0. 3352

FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT AND CONSTRUCTION

OF THE URBAN ORCHARD PROJECT BETWEEN THE CITY OF SOUTH GATE

AND THE TRUST FOR PUBLIC LAND
This Amendment No. 2 to Contract No. 3352 for Professional Services with The Trust for Public Land ("Amendment No. 2"), is made and entered into on July 9, 2019, by and between the City of South Gate, a municipa) corporation ("City"), and The Trust for Public Land, a California non-profit benefit corporation ("TPL"). City and TPL are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
RECITALS:

WHEREAS, on August 8, 2017, the City Council approved Contract No. 3352 for Professional Services with TPL ("Agreement") to provide program and project management services to assure coordination and cohesion of the Urban Orchard Project, through and until August 21, 2020, in the amount not to exceed Three Hundred Eighty- One Thousand Three Hundred-Fiffy dollars and Zero Cents ($381,350); and WHEREAS, on January 9, 2019, the City Council approved Amendment No. 1 to Agreement ("Amendment No. 1") to conduct the environmental soil characterization needed to prepare the soil management plan to aid in ensuring proper and efficient soil handling and disposal during the excavation and construction activities for the Urban Orchard Project, through and until August 21, 2020, with an increase to Agreement amount by an additional, not to exceed, Thirty-Four Thousand Three Hundred Fifty dollars and Zero Cents ($34,350), under the terms and conditions of the Agreement, bringing the aggregate total of Agreement and Amendment No. 1 to a sum of Four Hundred Fifteen Thousand Seven Hundred dollars and Zero Cents ($415,700); and WHEREAS, City desires to again extend the scope and services to supplement the cultural resources assessment study and a delineation report for the Urban Orchard Project as identified on the proposal attached hereto as Exhibit A; and WHEREAS, City and TPL desire to extend Agreement to perform scope of work and services as identified in Exhibit A and provide additional compensation to TPL, through and until December 31, 2021, in the amount not to exceed Fourteen Thousand Nine Hundred Seventeen dollars and Zero Cents ($14,917), under the terms and conditions oftheAgreement, bringing the aggregate total ofAgreement, Amendment No. 1 and this Amendment No. 2 to a sum of Four Hundred Thirty Thousand Six Hundred Seventeen and Zero Cents ($430,617);
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 40 179
Amendment No. 2
to Contract No. 3352

MODIFICATIONS TO AGREEMENT
a. SCOPE OF SERVICES. TPL shall extend its scope of work and services to City as identified in Exhibit A and supplement the existing Environmental Phase I, Section 106 of National Historic Preservation Act compliant cultural resources assessment and develop a delineation report for the Urban Orchard Project. Said scope of work and fee proposal is made part of this Amendment No. 2.
b. COMPENSATION OF SERVICES. The amount of compensation paid by City to TPL for the modified work and services identified in Exhibit A shall be increased to an amount not to exceed Fourteen Thousand Nine Hundred Seventeen and Zero Cents ($14,917).
c. TERM OF AGREEMENT The term of Agreement shall be extended from date when the Agreement and Amendment No. 1 expire on August 21, 2020 to December 3'l, 2021.

EFFECT OF AMENDMENT
Except as expressly amended herein, all other terms and conditions of the Agreement, and all attachments, recitals and Exhibits therein and thereto, shall remain in full force. All of the recitals to this Amendment No. 2 are incorporated into the Agreement as modified by this Amendment No. 2. City reserves the right to augment or reduce the scope of work as City deems necessary [Remainder of page left blank intentionally]
2 180
Ameimment No. 2
to Contract No. 3352
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

Jorge
Dated: 0"'t
ATTEST:

Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FORM:

I F. Salinas, City Attorney
THE TRUST FOR PUBLIC LAND:

Gilman Miller, Senior Counsel
Dated: 7 " 1- Zd( '7
3 42- 181
135 W Green St
Suite 200
Pasadena, CA
91105
t: 323.223.0441
f 626.204 4444
tpl.org
June 19, 2019
RE: Urban Ordiard Additional Services
Exhibit A
Dear Gladis:
hi response to the need for Vandermost Consulting Services, hic., to perform additional scope of work to update the Phase 1, Section 106 Cultural Raourca Study uid prepamg a Delineation Report to include and evaluate the Bandim Channel for the Urban Orchard hoject, I have prepared thisletterpropoaalforadditionalsavica. Thebuiksassodatedwiththisadditionalserviceareto revise the exist Phase I, on 106 of NHPA compliant cultural reaourcea aaaeasment (Maxon 2m8) and a Delhieatlon Report for the proposed Urban Ordiard Park Project in South Gate as required by the Army Corp of Engineers.

Vandermost Consulting Services, Inc: Lump sum/fixed fee - $14,917 Cost pmpoaal attadied.

Sincerely,
Robin Mark
Project Manager
The Trustfor Publtc Land
4'3182
VCS Environmental
May 30, 2019
Robin Mark
Projed Manager

THE TRUST FOR PUBLIC LAND
135 West Green Street, Suite 200
Pasadena, CA 91105
Subject: Scope of Work for updating the Phase 1, Section 106 Cultural Resources Study and preparing a Delineatlon Report to Include and evaluate the Bandlnl Channel for the Urban Orchard Project, City of South Gate, California Ms. Mark:

Please considerthis letter a scope ofworkforVandermost Consulting Services, Inc, doing business as VCS Environmental (VCS) to assist you by revising the existing Phase I, Section 106 of NHPA compliant cultural resources assessment (Maxon 2018) and a Delineation Report forthe proposed Urban Orchard Park Project in South Gate. We are requesting a budget of 614,917 for the proposed study and delineation report which will consist of the following:

1. Revising the Area of Potential Effects (APE) Map to include the Bandini Channel, which runs immediately west of and parallel to the Project APE.

2. Preparation of a historic resources evaluation of the Bandini Channel to include background research, a field survey, and preparation of a Historic Resources Evaluation Report that will include DPR 523 Series site forms for the channel.

3. PreparatlonofaCulturalResourcesTechnlcalMemorandumthatsummarixesthecultural resources effort, describes the results of the historic evaluation, and provides recommendations for any additional idenfflcation, evaluation, or mitigation work that may be needed. The memo is intended to assist The Trust for Public Land in securing a permit under Section 404 of the Clean Water Act from the u,s. Army Corps of Engineers.

4. Preparation of a Delineation Report to meet the United States Army Corps of Engineers 2017 standards in support of permit applications. The report will include the limits of jurisdiction for the California Department of Fish and Wildlife and the Regional Water Quality Control Board, a delineation map, vegetation map, project impacts to jurisdlctional waters map, and a records search for Critical Habitat and the California Natural Diversity Database. Also included in this task will be a field visit and, if necessary, wetland data sheets.

Patrlck Maxon, RPA will continue as the Principal Investigator and Project Manager. Pat meets the professional standards of the Secretary of the Interlor for Archaeology (36 Code of Federal VCS Environmental provides CEQA/NEPA, Reguiatory, Biological & Cultural Services 30900 Rancho Vielo Road, Suite 100, San Juan Capistrano, CA 92675 I 949.4B9.2700 vc5qnvironmental,c(B
183
Robin Mark
May 30, 2019

Regulations [CFR] 61) and is a Reglstered Professional Archaeologist (RPA). With 25 years of professional cultural resources management experience in Southern California.

Please provide in CAD or a Shapefile that shows the limits of the Project and the limits of disturbance, including the upstream water diversion and the downstream reintroduction offlows.

We look forward to assisting you on this project, To authori;ie VCS to proceed, please provide a retainerin the amount of 65,000 (30% of the total fee), sign below and return, Please contact Pat Maxon at [email protected] or 949-234-6077, or Julie Beeman at 949-234-6070 with any questions,
Sincerely,
Julie Beeman
President
Attachment: VCS Environmental 2018/2019 Fee Schedule Authorization Date
b 5i uHy i li JlauHiil 1114 Mliii1iiih iiuiil(ii "" 'l 11 1411111 nP ITI i i I VCS Environmental provides CEQA/NEPA, Regulatory, Biologicai & Cultural Services 30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675 i 949.489.2700 vcsenviro n m e nta.Cgrri
4G184
VCS Environmental
2018/2019 Fee Schedule
Presldent
Diredor, Cultural Services
Director, Regulatory Services
Director, Biological Services
Director, CEQA-NEPA Services
Senior Project Manager
Project Manager
Assistant Project Manager
Project Coordinator
Senior Paleontologist
Archaeologist/Paleontologist
Cultural Field Monitor
Field Assistant
Office Assistant
VCS Environmental
5250/hour
5215/hour
6215/hour
6215/hour
6215/hour
§200/hour
6192/hour
9180/hour
9160/hour
9140/hour
6125/hour
597/hour
9105/hour
5105/hour
REIMBURSABLE E)€PENSES. Expenses incurred directly for the Client's project will be billed at the actual cost and are not included in the original contract amount. Expenses include, but are not limited to, reprographics, Federal Express, necessary transportation costs including mileage by automobile at the IRS relmbursement rate, toll road fees, meals and lodglng, computer services and photocopying.

EQUIPMENT CHARGES.

Small Unmanned Aircraft System (Drone) 550 per day Submeter GNSS Surveying Device 925 per day
PAYMENT DUE. Invoices are due upon presentation and shall be consldered past due if not paid within 15 (fifteen) calendar days of the due date. Finance charges, computed by a "Periodic Rate" of 1-1/2% per month, will be charged on all past due amounts.

OVERNIGHT & WEEKEND WORK. Nlghttlme and Saturday monitoring Is charged at time and a half and work on Sunday is charged double time.

MULTI-YEAR CONTRACTS. Multi-year contracts are subject to annual bllllng rate Increases.

CHANGE ORDERS. Change Orders may be subject to future fee schedule Increases.

VCS Environmental provides CEQA/NEPA, Regulatory, Btological & Cultural Services 30900 Rancho Vlejo Road, Suite 100, San Juan Capistrano, CA 92675 l 949.489 2700 vcsenvironmental.com
185

ATT ACIIMENT F
Amendment No. I
to Contract No. 3352
AMENDMENT N0. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES FOR THE DEVELOPMENT AND

CONSTRUCTION OF THE URBAN ORCHARD PROJECT
THIS AMENDMENT N0. 1 TO AGREEMENT N0. 3352 FOR PROFESSIONAL SERVICES WITH THE TRUST FOR PUBLIC LAND. ("Amendment 1"), effective as of the date specified in Section 1 hereof, is made and entered into by and between the CITY OF SOUTH GATE, a municipal corporation ("City"), and THE TRUST FOR PUBLIC LAND, a California non-profit benefit corporation ("TPL"). City and TPL are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
RECIT ALS:

WHEREAS, City and TPL have previously executed that certain Contract No. 3352 Agreement for Professional Services ("Agreement':) dated August 8, 2017 in an amount not to exceed $381,350; and
WHEREAS, City desires to extend the scope and services to include the environmental soil characterization needed to prepare the soil management plan to aid in ensuring proper and efficient soil handling and disposal during the excavation and construction activities for the Urban Orchard Project as shown on the proposal being attached here as; and
WHEREAS, City and TPL desire to execute Amendment No. 1 to conduct the additional services and provide additional compensation to TPL; therefore, in an amount of $34,350 under the terms and conditions of Agreement No. 3352; bringing the aggregate total of the Agreement and this Amendment No. 1 to a sum not-to- exceed $415,700;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. MODIFICATION TO SCOPE OF WORK AND SERVICES.

Consultant shall extend its scope of work and services to City as shown in its proposal (Exhibit A) to conduct the environmental soil characterization services for the Urban Orchard Project. Said scope of work and fee proposal is made part of this Amendment No. 1.

2. MODIFICATION OF CONTRACTORS COMPENSATION.

The compensation to be paid by City to TPL for the modified work and services identified in this Amendment No. 1 shall be as follows:
l
4-?186
Ainendinent No. I
to Contract No. 3352
a. Total compensation in accordance with the Exhibit A, for a total agreement amount not to exceed Thirty Four Thousand Three Hundred Fifty Dollars and Zero Cents ($34,350.00).

EFFECT OF AMENDMENT.

Except as expressly amended herein, all other terms and conditions of the Agreement, and all attachments, recitals and Exhibits therein and thereto, shall remain in full force. All of the recitals to this Amendment No. 4 are incorporated into the Agreement as modified by this Amendment No. 1. The City reserves the right to augment or reduce the scope of work as the City deems necessary. [Remainder of page left blank intentionally]
2 ff 187
Ainendment No. l
to Contract No. 3352

4. EFFECTIVE DATE.

Unless otherwise specified herein, upon execution of all parties herein, this Amendment No. 1 shall become effective as set forth above.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized. "CITY"

CITY OF SOUTH GATE
Maria Bel6n Bernal, Mayor
Dated: aljr;i/eoiCt
ATTEST:

APPROVED AS TO FORM
R ul F. Salinas, City Attorney
"CONSULT ANT"

THE TRUST FOR PUBLIC LAND
Title: {q5;cr Csvhg{
Dated: ,? 7 - 2 0' I '6
3 -M 188

ATT ACHMENT G
Contract No. 3352
aqREEMENT FOR I)ROFF,SSTONA[i SF<RVICES FOR THE DEVELOPMENT

AND CONSTRUCTION OF THE URBAN ORCHARD PROJECT
This Agreement for Professional Services for the Development and Construction of the Urban Orchard Project ("Agreement") is made and entered by and between the City of South Gate, a California municipal corporation ("City"), and the Trust For Public Land, a Califomia non-profit public benefit corporation ("TPL") (individually, a "Party" and collectively the "Parties").

RECIT ALS
A. Whereas, the City and TPL have been working together to improve 30- acres of unused, vacant land between Firestone Boulevard to the north, Imperial Highway to the south, Los Angeles River to the west and I-710 Freeway to east (the "Project Area") into green infrastructure and an urban park, commonly referred to by the Parties as the Urban Orchard Project; and
B. Whereas, the Project Area consists of sixteen (16) separate legal parcels, identified by the Los Angeles County Assessor's Office by the following Assessor's Parcel Numbers ("APNs"): 6222-001-003,6222-041-270, 6233-001-272, 6233-001-275, 6222-001-276, 6222-041-277, 6222-001-278, 6222-001-801, 6233-042-900, 6233-001- 901, 6233-001-902, 6222-001-904, 6222-001-906, 6222-001-908, 6222-004-912, and 6222-001-916; and
C. Whereas, for the purposes of this Agreement, the Project Area is divided into two planning areas identified herein as the Northern Project Area and the Southem Project Area (See Exhibit "A" for map); and
D. Whereas, the "Northern Project Area" contains 18.7 acres extending from the Thunderbird Villas mobile home park north to Firestone Boulevard, and which is comprised of ten (10) parcels, three of which are land located in a river channel, APNs 6233-001-901, 6222-001-904 and 6222-001-906 (the "Bandini Channel"), one of which is APN 6222-001-916, which has the street address of 9475 West Frontage Road ("9475 West Frontage Road") and the remaining six (6) of which are APNs 6222-001-003, 6222-001-276, 6222-041-277, 6222-001-278, 6222-001-801, and 6222-001-908, and E. Whereas, the "Southern Project Area" contains approximately 12 acres extending from Thunderbird Villas south to the confluence of the Los Angeles River and Rio Hondo Channel, and is comprised of the six (6) remaining parcels, APNs 6222-041- 270, 6233-001-272, 6233-001-275, 6233-001-900, 6233-001-902, and 6222-004-912; and F. WhereaSl the City Of SOuth Gate OwnS 9475 Went Frontage ROad, and all other property in the Northern Project Area is owned by Southern California Edison, the Los Angeles County Flood Control District ("LACFCD"), and the Los Angeles Depattment of Water and Power ("LADWP"); and
G. Whereas, the Southern Project Area includes land owned by the City of South Gate, LACFCD and LADWP, as well as an active railroad right-of-way; and 4508334.i - L!35.5]
189
H. Whereas, the legal description of 9475 West Frontage Road is set forth on Exhibit "B", attached hereto and incorporated herein by this reference; and I. Whereas, TPL is the recipierit of grant funds in an atnount of $845,000 (the "RMC Grant") from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy ("RMC"); and
J. Whereas, the RMC Grant's scope of work includes developing a conceptual design plan for the entire Project Area, assessing the feasibility of removing concrete from the Bandini Channel, and developing construction plans for the Northern Plaru'iing Area; and
K. Whereas, the RMC Grant does not include any funding for construction, it does include funding for the planning of the entire Project Area; and L. Whereas, the City is a recipient of grant fiinds in the atnount of $7.9 Million (the "SWGP Grant") for the construction of improvements to 9475 West Frontage Road, from the State's Proposition 1 Water Quality, Supply, and Infrastructure Improvement Act of 2014, Stormwater Grant Program ("SWGP"). All improvements made pursuant to the SWGP Grant will be referred to hereafter as <'SWGP Improvements." Currently, the SWGP Improvements are the only ones fiinded in the entire Project Area. This Agreement also refers to potential future funding for design and/or construction of improvements on other portions of the Project Area. These improvements, if funded, would be made to adjacent property owned by the City or on which the City obtains a lease, license, or use agreement in place with the owner. The term "Improvements" will be used hereafter to refer to these and to improvements contemplated for the entire Project Area in a general sense; and, M. Whereas, the City, as the SWGP Grant recipient, will administer the SWGP Grant and TPL will be a paid consultant to the City, to act as the City's project manager as outlined in Exhibit "C", assuring coordination and cohesion in the implementation of the SWGP Improvements to 9475 West Frontage Road with the Improvements to the Project Area as a whole, and
N. Whereas, TPL intends to continue to pursue additional grants to fund the development of plans and specs and/or construction of Improvements for other portions of the Project Area; and

0. Whereas, the Parties wish to enter into this Agreement to establish the Parties' rights and obligations with respect to the funding, planning and implementation of the SWGP Improvements to 9475 West Frontage Road.:

NOW, THEREFORE, in consideration of the mutual promises contained herein the Parties agree as follows:
4508334.1-L235.53 2
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Improvements to the Project Area. The Parties responsibilities are outlined on Exhibit ( & C ! )
(a) 9475 West Frontage Road. The City owns 9475 West Frontage Road, but has leased it to a third party under a lease dated as of May 10, 2016. TPL acknowledges that the City cannot allow any SWGP Improvements to be built on 9475 West Frontage Road during the term of that lease. The lease term is scheduled to expire in May of 2017, after which the lease will be terminable by either the City or the tenant upon 30 days' written notice to the other. The City will not enter into a new lease agreement after expiration and will give tenant notice of termination within 30 days of request by TPL.
(b) Other Portions of the Project Area. When the City subsequently becomes the owner, lessee, or otherwise obtains rights to use of any other real property adjacent to 9475 West Frontage Road, or otherwise obtains pertnission from the owner of such adjacent property to build Improvements thereon, then at the Parties' agreement, the City shall have the right to request an Add Service Request from TPL to extend TPL's project management services to the adjacent properties. The City is under no obligation to acquire any such additional property or to seek to develop it pursuant to this Agreement. Any portion of the Project Area upon which the City now or hereafter elects to build Improvements pursuant to this Agreement is sometimes referred to hereafter as the "Property",
(c) Future Grant Applications. TPL shall lead the grant application process for additional funding. City shall cooperate in the grant application process and shall have the absolute right to review and modify grant applications, and to direct TPL not to apply for any grant if the City determines that the conditions of such grant are not in the City's best interest. TPL and the City shall jointly agree upon whether the City or TPL shall be the grant applicant. If a grant is awarded to City rather than TPL, then during constniction of the corresponding Improvements the City shall promptly submit invoices to the grantor at TPL's behest and as required under the agreement by which that grant is awarded ("Grant Agreement"). If instead the grant is in TPL's name then City commits to taking an assignment of the grant upon acceptance of the Improvements, at the time the Acceptance Letter (as defined in Section 13 below) is issued. The grant applications shall make clear that City is the owner of the Property or otherwise has an agreement with the owner and will be the long-term steward of the Improvements after they are completed by TPL and the Contractor (defined in Section 5 below). (d) Incorporation by Reference. The terms of TPL's installation of the Improvements, and payment therefore, shall be governed by the terms of this Agreement and any Grant Agreement approved by the City. The terms of any such approved Grant Agreement are specifically incorporated into this Agreement by this reference. In the event of any conflict between the terms of any Grant Agreement approved by the City and the terms of this Agreement, the terms of that Grant Agreement shall control. 4508334.1-L235.53 3
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(e) Land Tenure. City will be the long term steward of the Property once the Improvements are built on the Property. City understands that public grant funding will be sought. Consistent with the foregoing provisions of this Section 1, City explicitly recognizes that TPL will be relying upon the City to be the long term steward of the Property and Improvements for the duration of time required by any applicable Grant Agreement, not to exceed 30 years.

2. Term. The term ("Term") of this Agreement shall be thirty-six (36) months. The Term shall commence on the date on which the last of the Parties, whether City or TPL, executes this Agreement ("Effective Date") The Term shall expire on the third (3rd) anniversary of the Effective Date (the "Exptration Date"). (a) Early Termination. This Agreement may be terminated prior to the Expiration Date at the request of the City or TPL in accordance with Section 18 below. (b) Extension of Term. Due to the partially overlapping timelines of the RMC Grant and the SWGP Grant, TPL is aware of the potential need to extend the term of one of those grants, and to make a corresponding extension of the Term of this Agreement, during the constmction phase of SWGP Improvements to 9475 West Frontage Road. Should such a grant extension be needed, the Parties will work to provide a revised schedule and request a grant extension, and will make a corresponding extension to the Term of this Agreement.
(c) Survival of Land Tenure Oblizations. To the extent the Improvements are built on any Property, the land tenure obligation identified in Section 1(e) above will survive any expiration or termination of this Agreement.

3. Development of Plans and Specifications. TPL, at its own expense as funded through the RMC Grant, shall develop plans for the SWGP Improvements.

Project Management services for TPL's role in developing these plans will paid to TPL by City through funds secured through the SWGP Grant. Project management services will be paid to TPL retroactively from the date of the SWGP award in December 2016.

TPL shall be responsible for all expenses to be paid to consultants in the development of the plans, including costs that exceed the RMC Grant. (a) Nature of Plans. The plans to be prepared by TPL hereunder shall be consistent with both (i) the terms of the Grant Agreement by which the RMC Grant was awarded and (ii) the desires of the City and the community as a whole as gleaned through TPL-sponsored public workshops.
(b) City's Approval of Plans. TPL shall prepare detailed final plans and specifications for City's review and approval. TPL will provide the City with three (3) sets thereof signed by a licensed landscape architect and/or licensed engineer if applicable. TPL shall cause the architect to revise those plaris and specifications to the extent required by the City as a condition of the City's approval. Such plans and 4508334. l-L235.53 4
192
specifications, once approved by the City, are hereafter referred to as the "Plans and Specs".
(c) Prioritization of 9475 West Frontage Road. Understanding the timeline for implementation of the SWGP Grant funds, which calls for completion of SWGP Improvements to 9475 West Frontage Road by October 2020, TPL will prioritize design development of the SWGP Improvements funded through the SWGP Grant on 9475 West Frontage Road.

4. Right of Entry. During the Term, City shall allow TPL, its employees and agents, at no cost to TPL, access to the portions of the Project Areas that are under the City's control as necessary to install the SWGP Improvements; provided, however, that TPL shall have limited access (only to the extent consistent with the lease provisions) to 9475 West Frontage Road prior to the termination of the lease identified in Section l(a) above (it being anticipated that the lessee and any sub-lessees will all have left the 9475 West Front Road property by July 31, 2017). The City shall have the right to impose certain restrictions on such entry as deemed necessary by the City for public health and safety reasons, and to minimize adverse impacts of such access and installation upon the residents of the adjacent mobile home park.

5. Selection of a Contractor; Installation of the Improvements. In consultation with the City, and to the extent permitted under applicable law and the City's Municipal Code, TPL will work with the City and the CM (defined in Section 8 below) to select a contractor ("Contractor") to constnict and install the Improvements in accordance with the Plans and Specs and the terms of any Grant Agreement, including any performance period for installation of the Improvements specified in any Grant Agreement. TPL understands that in certain cases, including without limitation the case where the City is the gram recipient, the constniction of the Improvements may constitute a public works project. In that case, the City would work with TPL and the City hired CM to create a list of pre-qualified Contractors per the City's Municipal Code. The City would then invite bids from pre-qualified Contractors and select and hire one based on City Code.

6. . If TPL is the grant recipient, TPL will be fully responsible for all payments to the Contractor and all other contractors and subcontractors at no cost to the City, in accordance with the terms of the applicable Grant Agreement. If the City is the grant recipient, or if construction of the Improvements is otherwise deemed to be a public works project under applicable state law or municipal ordinances, the City may be required to make payments to the Contractor directly, in which case TPL and CM will assist the City in reviewing Contractor or other third party invoices to the City as well as any requested change orders submitted to the City by Contractor or other third parties.

7. Compensation. The total compensation to be paid by the City to TPL for the scope of work and services described in Exhibit "D," as well as for project management of the design development of the project shall be as submitted in the proposal for an amount of $381,350 (the "Fee"). This Fee shall cover the work and 4508334.1-L235.53 5
193
services as set forth in Exhibit "D" as well as the project management work required for fulfillment of the RMC Grant, and if TPL undertakes additional work and services it may request an amendment for City's approval.
(a) Invoicing and Payment. TPL shall submit quarterly invoices to City for the work performed not more than tbirty (30) days after the end of each month in which services were rendered. Each invoice shall contain a detailed description of work performed diuing the period covered by the invoice, including hours worked by individual TPL personnel, rates charged for TPL's personnel, and an itemized list of expenses for which TPL claims reimbursement. Invoices shall show the percentage of completion of each portion of the work as of the end of the period covered by the invoice, Notwithstanding anything to the contrary in the proposal, invoices will be processed for payment and paid subject to approval by Director of Public Works and City Council within forty five (45) days from date of receipt by Director of Public Works. If City objects to any item of expenditure charged on any invoice, City shall notify TPL of its objections within thirty (30) days of receipt of the invoice, give its reasons for objecting and pay that portion of the invoice that is not in dispute within thirty (30) days of receipt by City.

8. Construction Management. TPL will work wath the City-selected conshuction manager ("CM"), The CM will provide general management of construction activity, including but not limited to scheduling construction activity, insuring construction meets Plans and Specs, conducting progress meetings, providing meeting minutes and coordinating communications between all parties. City staff will participate in the scheduled progress meetings to keep abreast of construction activity and to insure that work follows approved Plans and Specs.

9. Construction Inspections. TPL and City will conduct on-site construction inspections and approvals, per a pre-determined schedule of critical work, to ensure that constniction of the Improvements is in conformance with the Plans and Specs. Upon substantial completion, City staff will prepare a punch list ("Punch List"), which will need to be completed by Contractor prior to the City's issuance of an Acceptance Letter pursuant to Section 13.

10. Permits and Fees for Construction Events. When TPL is the grant recipient and whenever permits, permit fees or any other fees (collectively, "Fees") are due to be paid to any agency of the City in connection with the construction or opening celebration of the Improvements, TPL shall pay (and/or obtain a waiver from City) of all such Fees. TPL shall respond to all requests for Fees by obtaining the permits and paying and/or obtaining a waiver of the Fees witin fifteen (15) calendar days of receipt of such requests. Nothing in this Section 10 is intended to yequire the City to waive any applicable Fees, and the City is under no obligation to waive any applicable Fees.

11. Indemnification.
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(a) TPL's Indemnification of City. During the Term of this Agreement, but only applicable under potential future fiinding scenarios when TPL is responsible for installing Improvements but not applicable to current funding including the RMC Grant, and SWGP Grant where City is responsible for SWGP Improvements, TPL shall indemnify and save harmless the City, its officers, agents and employees from any and all loss, expense, damage, injury, Iiability and claims thereof for injury to or death of a person or loss of or damage to property, resulting directly or indirectly from any activity or use under this Agreement, regardless of the negligence of City or whether liability without fault is imposed or sought to be imposed on City, except to the extent that such loss, damage, injury, liability or claim is the result of the gross negligence or willful misconduct of City, its officers, agents or employees. The indemnity obligations described in this Section 11(a) shall survive expiration of this Agreement. In addition to TPL's obligation to indemnify the City, TPL specifically acknowledges and agrees that it has an irnrnediate and independent obligation to defend the City from any claim that actually or potentially falls within this indemnification proyision. Notwithstanding anything to the contrary in this Section 11 (a), TPL shall not be responsible for indemnifying or saving harmless the City from any pre-existing condition on the property (e.g. existing environmental conditions, etc.).
(b) City's Indemnification of TPL. Following issuance by City of the Acceptance Letter pursuant to Section 13 of this Agreement, the City shalI indemnify and save harmless TPL and its officers, agents and employees from any and all loss, expense, damage, injury, liability and claims thereof for injury to or death of a person or loss of or damage to property, resulting directly or indirectly from any activity or use under this Agreement, regardless of the negligence of TPL or whether liability without fault is imposed or sought to be imposed on TPL, except to the extent that such loss, damage, injury, liability or claim is the result of the gross negligence or willful misconduct of TPL, its officers, agents or employees. The indemnity obligations described in this Section 11(b) shall survive expiration of this Agreement. In addition to the City's obligation to indemnify TPL, the City specifically acknowledges and agrees that upon the City's issuance of the Acceptance Letter, the City will have an immediate and independent obligation to defend TPL from any claim that actually or potentially falls within this indemnification provision.

12. Insurance. During the Term, TPL shall maintain the insurance coverage required under any of the Grant Agreements. In addition, TPL shall maintain the following insurance throughout the Term of this Agreement:
(a) Comprehensive General Liability: Comprehensive General Liability Insurance, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence, $2,000,000 aggregate.

This insurance must include (in the policy itself or by endorsement) a Waiver of the Right of Subrogation for General Liability against the City of South Gate. 74508334.1-L235.54
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(b) Automobile Liability: Automobile Liability Insurance, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(i) Primary Bodily Injury with limits of at least $1,000,000 per person, $2,000,000 per occurrence;
(ii) Primary Property Datnage of at least $1,000,000 per occurrence; or
(iii) Combined single limit of $1,000,000 per occurrence (c) Workers' Compensation: Workers' Compensation Insurance as required by California law. This insurance must include (in the policy itself or by endorsement) a Waiver of the Right of Subrogation for General Liability against the City of South Gate,
(d) Additional Insured Endorsement. All policies must include an Additional Insured Eridorsement (CG 20 10 11 85, or an equivalent form approved by the City) naming the City of South Gate and its agents as an additional insured on the above- captioned insurance coverage with respect to the City's and its agent's interests under this agreement. This is to be complied with by presenting a certificate of insurance including the endorsements to the City and its agents prior to award of contract and commencement of work under this Agreement. Invoices will not be issued until completed papenvork is received and approved.
(e) Restrictions on Cancellation. All policies of insurance shall provide for a minimum of thirty (30) days' written notice to the City of any change to or cancellation of the policy.
(f) Form of Policies: All insurance policies required hereunder shall be in a form, and written through, companies acceptable to the City and its agents; and shall include those endorsements which are necessary to extend coverage wich is appropriate to the nature of this Agreement.

13. Final Acceptance. If TPL is the grant recipient and installs Improvements, then upon notice from TPL that the Improvements have been installed in accordance with the Plans and Specs, City shall, within ten (10) working days of such notice, perform a final inspection; provided, however, that TPL shall not deliver such notice to City until TPL has: (1) obtained all necessary regulatory approvals, (2) submitted to the City the completed Punch List prepared by City pursuant to Section 9, and (3) submitted to the City the waiveys and releases and assignments required under Section 15 of this Agreement. If the City's final inspection discloses any deficiencies, City shall prepare a new Punch List for completion by TPL and Contractor. Upon City's inspection and decision to accept the work, City will, no later than seven (7) days following City's final inspection, prepare a letter of final acceptance (the "Acceptance Letter") addressed to TPL, which, upon issuance of the Acceptance Letter shall constitute "Final Acceptance". 4508334.1-L235.53 8
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Prior to the City's issuance of the Acceptance Letter, TPL shall remove all of its property from the Property and shall repair, at TPL's cost, any damage to the Property caused by such removal or caused by TPL's construction activities on the Property; provided, however, that at the City's option (for security or other reasons in the City's discretion) the City can instnuct TPL to leave in place any security fencing surrounding the Property until after the Acceptance Letter has been issued, and to thereafter remove that fence and repair any damage caused by such removal as soon as possible, all at TPL's expense.

Prior to delivery by the City of the Acceptance Letter to TPL, the City shall not allow public use of the Property or Improvements. Accordingly, if the City allows public use of the Property or Improvements, that shall be deemed to be the functional equivalent of the issuance to TPL of the Acceptance Letter for all intents and purposes.

14. Assignment and Assumption of Grant Agreement(s). If TPL is the grant recipient and installs Improvements, and if some obligations of the corresponding Grant Agreement (e.g., proyisions pertaining to accepted uses and maintenance of the Property) extend beyond installation of the Improvements by TPL and acceptance thereof by City, then the City's delivery of the Acceptance Letter shall also constihite the City's assumption and acceptance of TPL's obligations as grantee of said Grant Agreement.

Specifically, and without limitation, City shall thereupon assume and accept the obligations of the subject Grant Agreement pertaining to use of the Property and Improvements and the land tenure requirements discussed in Section I(e) above. TPL and City each agree to execute any assignment and assumption of any Grant Agreement once the City has delivered the Acceptance Letter to TPL.

15. Delivery of Improvements If TPL is the grant recipient and installs Improvements, then following the City's issuance of the Acceptance Letter, as project manager TPL shall deliver the Improvements free of all liens, easements or potential claims and shall provide City fully executed waivers and releases from the Contractor and all other contractors and subcontractors of all claims against the City, its employees and agents. TPL shall assign to the City any warranties or guaranties attendant or concomitant to its contracts with the Contractot and any other contractors and subcontractors. TPL shall also assign to the City the right to any available remedies for latent defects. TPL shall deliver - in both physical and electronic format - as-built drawings, design files, constniction management files, operating manuals, all warranties and any additional requirements as outlined in the Plans and Specs.

16. . City agrees that TPL shall have the right to erect informational plaques or signs on the Property, detailing proper use of Improvements and acknowledging the contributions of TPL, the grantors under any Grant Agreements, and Contractor, subject to the prior approval of City and contingent upon the receipt of all necessary approvals pursuant to normal City procedures. Signage shall be installed by TPL during installation of the Improvements or by the City following the City's issuance of the Acceptance Letter, in accordance with the requirements of any Grant Agreement.

City shall maintain any signage and TPL shall retain the right to erect new signage, at TPL's cost, if the original signage is past its useful life. 4508334.i-1235.53 9
57 197

17. . City shall not issue any press release or hold any event (other than public meetings or hearings required by the South Gate Municipal Code or otherwise required by law) regarding or construction of the Improvements, without first obtaining the prior written approval of TPL with respect to the nature, text and timing of such press release. Moreover, to the extent stipulated in any Grant Agreement, City shall duly notify any grantors prior to any public or media event publicizing the accomplishments funded by any Grant Agreement, and provide the opportunity for attendance and participation by grantors representatives. Similarly, any document, written report, or brochure prepared in whole or in part pursuant to installation of the Improvements shall contain any acknowledgements required under any Grant Agreement.

Furthermore, the City will acknowledge TPL and grantors in public announcements and press releases conceming Improvements made pursuant to any Grant Agreement,

18. Termination.
(a) Termination by City for TPL's Default. Any failure by TPL to perform or comply with any of the terms, covenants, obligations, conditions or representations made under this Agreement, or in any Grant Agreement, or in any construction contract entered into in connection with this Agreement or any Grant Agreement, shall each constitute an event of default ("TPL Event of Default"), provided that TPL shall have a period of 15 business days from the date of written notice from City of such failure within which to cure such default under this Agreement, or, if such default is not capable of cure within such 15-day period, TPL shall have a reasonable period of time to complete such cure if TPL promptly undertakes action to cure such default within such 15-day period and uses its best efforts to complete such cure within 60 calendar days after receipt of notice of default. Upon occurrence of a TPL Event of Default, City shall have the right, in its sole discretion, to seek enforcement of the terms and conditions of this Agreement, to terminate this Agreement or to exercise any of its rights or remedies available at law or in equity,
(b) Termination by TPL for City's Default. Any failure by City to perform or comply with any of the terms, covenants, obligations, conditions or representations made under this Agreement, or in any Grant Agreement, or in any construction contract entered into in connection with this Agreement or any Grant Agreement, shall each constitute an event of default ("City Event of Default"), provided that City shall have a period of 15 business days from the date of written notice from TPL of such failure within which to cure such default under this Agreement, or, if such default is not capable of cure within such 15-day period, City shall have a reasonable period of time to complete such cure if City promptly undertakes action to cure such default within such 15-day period and uses its best efforts to complete such cure within 60 calendar days after receipt of notice of default. Upon occurrence of a City Event of Default, TPL shall have the right, in its sole discretion, to seek enforcement of the terms and conditions of this Agreement, to terminate this Agreement or to exercise any of its rights or remedies available at law or in equity.

19. Use and Maintenance of Property and Improvements. City may only use the Property and Improvements in a manner which is consistent with the terms of any 4508334.1-L235.53 10
.!;='7 198
Grant Agreement, and City assumes the obligations for use and maintenance of the Property and the Improvements for the time and in the manner specified in any Grant Agreement. City shall make no other use or sale or other disposition of the Property, except as authorized by any Grant Agreement, This Agreement shall not prevent the transfer of the property from the City to another public agency, if the successor public agency assumes the obligations imposed by any Grant Agreement.

20. Memorandum of Grant Agreement. To the extent required under the terms of any Grant Agreement, City agrees to execute (with notarized signatures) and deliver to TPL an original memorandum or notice of any such Grant Agreement. TPL may record any such memorandum or notice of Grant Agreement in the Official Records of Los Angeles County, California.

21. CE0A Compliance. City has already secured a Notice of Exemption under the California Environmental Quality Act (CEQA) (see Exhibit "F")

22. Miscellaneous.
(a) This Agreement may be amended or modified only in a writing signed by TPL and City.
(b) This Agreement (including the Exhibits hereto, which are incorporated herein by reference) contains the entire understanding between the parties as of the date of this Agreement, and all prior written or oral negotiations, discussions, understandings and agreements are superseded by this Agreement. (c) All actions described herein including but not limited to the construction of the Improvements on the Property as permitted herein, are subject to and must be conducted and accomplished in accordance with the applicable requirements of the City's charter, its municipal code and applicable state and federal laws, building codes and regulations.
(d) Except as expressly provided to the contrary, all approvals, consents and determinations to be made by the City hereunder may be made by the City Manager or his or her designee in his or her sole and absolute discretion. [Remainder of page left blank intentionally]
4508334.1-L235.53 11
JD 199

AGREEMENT FOR PROFESSIONAL SERVICES FOR THE DF,VELOPM'ENT

AND CONSTRUCTION OF THE URBAN ORCHARD PROJECT
IN WITNESS WHEREOF, the parties have caused this Agreement for Professional Services for the Development and Construction of the Urban Orchard Project to be executed as of the Effective Date and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

ATTEST:

By: Carmen 'Avalo:, City 91e'
(SEAL)
THE TRUST FOR PUBLIC LAND:

B7:

Sigrlalure
Ann Morgan, SVP, Western Division Director
Date: '3 -Z-( -\1
APPROVED AS TO FORM:

BY:

F. Salinas, City Attorney
4508334. l-L235.53 12
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Exhibit A
Map of Project Area
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Exhibtt B
Legal Description of 9475 West Frontage Road
That portion of Rancho San Antonio, in the City of South Gate, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 389, of Patents in the Office of the County Recorder of said County, described as follows:

Beginning at the southwesterly corner of land conveyed to State of California by Deed recorded July 26, 1954, in Book 45149, Page 322, of Official Records of said County; Thence north 7olO'l9" east along the westerly line of said land, 788.81 feet to the southerly line of the I. Heyman Tract, as per Map recorded in Book 7, Page 249 of Deeds, in said Office;
Thence south 82o47'55" east, along said southerly line, 48.00 feet; Thence south Oo58'07" west, 350.86 feet;
Thence southerly along a curve, tangent to said last-mentioned course, concave westerly and having a radius of 1,958 feet through an angle of 5ol3'26", an arc distance of 178.52 feet;
Thence south 6oll '33" west, tangent to said curve, 261.65 feet to a point on the southerly line of said land conveyed to State of California, distant thereon 101.5 7 feet easterly from said southwesterly corner;
Thence westerly along said last-mentioned southerly line, 101.57 feet to the Point of Beginning.

Except all minerals, oil, gases and other hydrocarbons in or under said land but without the right to drill through the surface thereof as reserved in Deed from the State of Califoniia recorded February 18, 1957 in Book 53667, Page 446, of Official Records.

That portion of Rancho San Antonio, in the City of South Gate, County of Los Angeles, State of California, as described as follows:

Beginning at a point in the north line of Southern Avenue (formerly Shiart and Gray Road) as shown on County Surveyor Map 7228, on file in the Office of the Surveyor of said County, distant along said north line north 82o57'lO" west 1,579.61 feet from the west line of Garfield Avenue (formerly Perry Road) as shown on County Surveyor map 7227 in said Surveyor's Office;
4508334.1-L235.53 14
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Thence along the north line of Southern Avenue north 82o57'lO" west to the east line of the 100 foot strip described in Deed to Los Angeles Gas and Electric Corporation recorded in Book 2628, Page 367, of Official Records, in the Office of the County Recorder of said County;
Thence northerly along said east line to the south line of I. Heyman Tract, as per Map attached to Deeds Book 7, Page 249;
Thence easterly along said south line to a point distant westerly along said line 1,582.80 feet from said west line of Garfield Avenue;
Thence southerly in a direct line to the Point of Beginning.

Except therefrom that portion lying westerly of a line described as follows:

Beginning at a point in the center line of Southerly Avenue as shown on County Surveyor's Map No. 8-1643 on file in the Office of the Surveyor of said County, distant north 82o57'lO" west thereon 1,914.11 feet from its intersection with the centerline of Garfield Avenue, formerly Perry Road, 40 feet wide as shown on said County Surveyor Map;
Thence noith 7o03'47" east 649.01 feet to the beginning of a tangent curve, concave to the east and having a radius of 125.00 feet;
Thence northeasterly along said curve 73.21 feet to the beginning of a tangent curve concave to the west and having a radius of 175.00 feet; Thence northerly along said last mentioned curve 102.50 feet to the end of said curve; Thence tangent thereto south 7o03'4T' east 916.08 feet to a point in the centerline of Firestone Boulevard 100 feet wide, distant along said mentioned centerline north 79o53'58" west 22.92 feet from the beginning of a tangent curve designated as Station 129+51.78 on Map No. 8-1659 in the Office of said Surveyor.

Said land is also shown on that certain Record of Suney 3920, in the City of South Gate, County of Los Angeles, State of California, as per Map recorded in Book 93, Page 20 of Record of Surveys in the Office of the County Recorder of said County. 4508334.1-L235.53 15
203
F,xhibit C
Outline of Parties' Responsibilities
Proposed Roles & Responsibilities for City of South Gate and The Trust for Public Land
SWGP project implementation - Urban Orchard - 7 Acre Site The City of South Gate (City) has received a grant award of $7.9M (SWGP Grant) from the State of California's State Water Control Board's Storm Water Grant Program (SWGP) to implement storm water management improvements at the 7-acre site (SWGP Site) that is part of the larger 30-acre Urban Orchard Project (Urban Orchard Site). For clarity and to ensure a successful partnership between the City of South Gate and The Tnist for Public Land (TPL) the tasks listed in the SWGP Grant application budget have been broken down to identify which entity will assume responsibility.

To note, TPL was awarded a San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Grant of $845,000 to design the Urban Orchard Site (Orchard Grant). TPL, as recipient of this grant, will take on the Orchard Grant responsibilities in their entirety. The Orchard Grant is only referenced in this document to clarify areas where the two grants overlap.

The City, as the SWGP Grant recipient, will administer the SWGP Grant and hire the contractors and TPL will be a paid consultant to the City, together with a City-hired construction manager, to act as Project Managers, assuring coordination and cohesion in the implementation of the improvements at the 7-acre SWGP Site with the larger 30-acre Urban Orchard Site for which TPL has already received the Orchard Grant, and intends to pursue additional grants.

TASKS WHERE THE CITY OF SOUTH GATE IS THE LEAD:

TASK l- PROJECT ADMINISTRATION
o Deliverables
* Fully-Executed Grant Agreement
* Kick-off Meeting Agenda, Participant List, Meeting Notes, and List of Action Items
* Project Administration - City
o City of South Gate will administer all contracts required to complete the improvements including but not limited to: TPL, General Contractor (GC), Construction Manager (CM), Geotechnical and Environmental Inspectors, Labor Compliance, Permits for Project, etc.
o Deliverables:
and List* Progress Meeting Agendas, Participant Lists, Meeting Notes, of Action Items
4508334.1-L235.53 16
4;'S;204
* Request for Reimbursement Forms and Documents and related disbursements to all City contractors
* Project Completion Forms and Domments (within 90 calendar days of project completion)
* Grant Completion Forms and Documents (within 90 calendar days of submitting the Project Completion Report)
* Records Retention (per the grant agreement)
* Reporting
o Deliverables:
* Financial Reports
* Quarterly Progress Reports and Forms
* Dra:[t and Final Project Report
TASK 4 - MONITORING AND PERFORMANCE
* The Monitoring and Performance scope outlined in the SWGP Grant are specific to the implementation of the 7-acre site. All monitoring and performance associated with this project will be covered by the SWGP Grant funds. TPL, as acting project managers will work with the City to issue an RFP to select a consultant for this work. Develop Monitoring Plan * Annual Update of the Project Assessment and Evaluation Plan * Develop the Quality Assurance Program Plan (QAPP) * Pre- Construction Monitoring
* Post Construction Monitoring
* Data Management and Reporting
o Deliverables:
* Monitoring Plan
* Annual Updates of the PAEP
@ QAPP
* Pre- and Post-Construction Monitoring Data and Analysis * Data Reported to SWAMP and CEDEN
TASKS WHERE THE TRUST FOR PUBLIC LAND TAKES THE LEAD:

TASK 1- PROJECT ADMINISTRATION
* Project Administration - Consultant
o TPL will act as project managers for the Planning, Design Engineering, Construction Documents and Bid Process associated with the SWGP Grant (Task 2).

TASK 2 - PLANNING, DESIGN, ENGINEERING, AND ENVIRONMENT AL 17 4:=?
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Planning, Design, Engineering, and Environmental Tasks are currently underway as part of the planning project led by TPL under the Orchard Grant. This planning project will provide complete constniction documents, including plans and specifications, site surveys, technical reports, and storm water management recommendations (but not permits) for the 18.2 acres of the Urban Orchard area between Firestone Blvd and Southern Avenue. All time and expenses incurred related to the securing of permits for the project will be done under the SWGP Grant and will be billed to that project accordingly.

In addition, TPL has begun and will continue working with the County of Los Angeles, Department of Public Works, as well as the City of Los Angeles Department of Water & Power, as well as any other property owners within the Orchard Grant project area, to secure approvals, leases, use agreements, etc. to implement the improvements on their respective properties. TPL will add to their scope of work listed in the Orchard Grant and secure the associated permits to implement the 7-acre project as part of scope under the SWGP Grant.
o Deliverables:
* Copies of Completed Permits and Approvals
TASK 3 - CONSTRUCTION/IMPLEMENT ATION
As project managers for the design and implementation of the 7-acre site, TPL will work with the City on all tasks related to the implementation of the SWGP Grant, Task3, including:
* Construction Contracting
TPL will work with the CM to create a list of pre-qualified Contractors per the City's Municipal Code. The City would then invite bids from these prospective GCs select the GC based on City Code.
o Deliverables:
* Request for Qualifications Document
* List of Received Proposals and Rankings
* Executed Agreement with the Constniction Contractor(s) and Punch List
* Kick-off Meeting Agenda, Participant List, Meeting Minutes, and Action Items
* Construction Management
TPL together with the City-hired CM will oversee the overall planning, coordination, and oversight of the constniction project. Due to the partially overlapping timelines of the Orchard Grant and SWGP Grant, TPL is aware of the potential need to extend the grant term for implementation. Should a grant extension be needed under the SWGP Grant, TPL and CM will work with the City to provide a revised schedule and request a grant extension per the 'Time Extension Process' listed in the SWGP Grant Project Director Resource Guide.
o As the contract holder, City will approve COs, Budget, schedule, plans and specs, contingency fund or delegate responsibility to the CM to do so. 4508334. l-L235.53 18
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o Deliverables:
* Construction Management Agreement and Punch List * Completed-Storm Water Pollution Preventim Plan - @ - Construction
CM with TPL's assistance will oversee GC's construction of improvements, and evaluate all proposed COs and their impact on budget and schedule constraints and advise City.

TPL is aware of a budget shortfall in the SWGP Grant application. If necessary, TPL will work with the City and CM to value engineer the project to ensure completion within budget.
o Deliverables:
* Notification to the State Water Board Prior to Construction * Photographs of the Completed Project Site
* Documentation/Specifications of Devices (e.g., pumps, treatment facilities, irrigation system, etc.)
* Documentation of System Check and Conformance to Industry Standards
@ Invoices Detailing the Completed Work
* Certificate of Completion
TASK 5 - EDUCATION & OUTREACH
TPL will work with the design team and the cornrnunity to integrate community-based interpretive elements into the project wherever possible. Interpretive elements may be standalone signs or other park features such as shade stnictures, benches, boulders, etc.

The goal of the interpretive elements is to make clear the larger environmental impact of the project site to community members that may not be familiar with green infrastructure, native trees and shrubs, or the revitalization of the Los Angeles River. * Interpretive & Educational Elements & Signage
o Deliverables:
* Photographs of the Installed interpretive elements s
19 4e!
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Exhibit D
TPL's Fee Proposal
anieTrustfor Public Land
Parks for People - Los Angeleg
Urban Orchard Fee Schedule
June 15, 2017
Staffing
Project Manager
Field Repyesentative
Program D(redor
Lega} Counsel
Fuiance and Accounting
Expenses
Travel
Materials and Printing
Total
ktQ!!!a
2,320
475
75 50
50 $301,600 15 hours per week
$38,000 3 hours per week
$14,250 25 hours pet yeg
$10,500 5a hours total for the piojeck term
$9,500 50 hours kola} ror the pnojeck term
$2,50a
$5,OCXI
$381,350
20 H
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4508334.1-L235.53
Exhibii F.

Notice of Exemption
21 209
!XHIBIT E, CEQA NOR

RECEIVED

NOTICE OF EXEMPTION
TO: County Clerk/Registrar-Recorder
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy
Norwalk, eA 90650
AUG O t 20iS
FROM: Planning Department
C'tY Of SOut' Gata ENGINEERING DEP7:8650 California Avenue South Gate, CA 90280-3075
Project Title and Location (lncluding county):

Urban Orchard Proved; South of Firestone Boulevard, East of the Los Angeles River, between the Los Angeles River and the 710 Interstate Freeway; (Los Angeles County).

Project Descrlptlon:

Improvements of publicly owned land and right-of-way along the Los Angeles River include decomposed grani!e trails, native plantings, entry area, community gathering spaces, orchard and community gardens, interpretive signage. Stormwater best management practices included throughout the project area where appropriate to capture and or reuse water ptior to entering the river.

Project areas are owned by Los Angeles County, Departmsnt of Public Works, City of Los Angeles, Department of Water & Power. City of Sou(h Gatei, & Edison.

Name of Publlc Agency Approving Project:

City of South Gate - Department of Public Works
Name of Person/Agency Carrying Out Project:

Arturo Cervantes - Director of Public Works
Exempt Status: (Check one)
€ Ministerial (Sec. 21080 (b) (1): 15268);
Declared Emergency (Sec. 21080 (b) (3); '15269(a)); Emergency Project (Sec. 21080 (b) (4) 15269(b) (c)):

Emergency Project (Set,. 21080 (b) (4); 15269(b) (c)); Categorical Exemption: Section: 15301 and 15304 Class: ,14 8tatutory Exemption: Section: Class:
2016 164749
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Reasons why project is exempt:

This project is Categorically Exempt under Class I Existing Facilities Section 15301 of the Califomia Environmental Quality Act. Class 1 CONSISTS of the operation, repair, maintenance. permitting, leasing, licenstng, or mrnor alteration of existing public or private structures, facilities, mechanical equipment. or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Class 4 consists of minor public or private alteraiions in the condition of land, water, and/or vegetation which do not involve removal of heaffhy, mature, scenic trses ext.ept for forestry or agricultural purposes.

Lead Agency Contact Person and Phone Number:

Arturo Cervantes, Director of Public Works
323-563-9512; [email protected]
8ignature Printed Name and Title niis NOTI(:F WAS POSTED ON June 3(1 7016
UNTt Au(lust 01 2016
PIEalSTRATl - FIECOFIDER/COUNTY CLERK
22 -7-/
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CITY MANAGER'S OFF!CE Item No. 9
JAN 18 202]
12:f07Th C'Uy of South Gate

CITY COUNCIL

AGENDA BULL
Department Director:

For the Regular Meeting of: January 24, 2023
Department: Public Works
o e antes
City Manager:

SUBJECT: AGREEMENT WITH Z&K CONSULTANTS, INC., FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE EAST ALAMEDA STREET SIDEWALK IMPROVEMENTS PROJECT, CITY PROJECT NO. 660-ST
PURPOSE: To award an agreement to Z&K Consultants, Inc. ("Z&K"), to provide construction management and inspection services for the East Alarneda Street Sidewalk Improvements Project ("Project") which is scheduled to begin construction in March of 2023.

Z&K was selected competitively through a Request for Proposal process.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with Z&K Consultants, Inc., for construction management and inspection services for the East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST, in an amount not-to-exceed $110,442; b. Appropriating $130,442 in Measure R Funds to Account No. 311-790-31-9584 to :[und construction management and inspection services inclusive of a $20,000 contingency; and c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund. The proposed Agreement is in the amount of $110,442. It will be funded with Measure R Funds from Account No. 311-790- 31-9584. The proposed appropriation is $130,442 in Measure R Funds to Account No. 311-790- 31-9584 from the Measure R fund balance.

ANALYSIS: The proposed Agreement with Z&K is necessary to provide construction management and inspection services needed to construct the project. The negotiated contract amount is $110,442. The fee is reasonable and within acceptable industry standards for a project of this type and size. The $20,000 appropriation is requested to provide contingency funds.

BACKGROUND: The East Alameda Street Sidewalk Improvements Project is part of the Fiscal Year 2022/23 Capital Improvement Program. The Project will improve pedestrian safety and enhance access to Simon Rodia Continuation High School located on Sequoia Drive, east of East Alameda Street. Project improvements entail the construction of new sidewalks on the east side of East Alameda Street, from Sequoia Drive to Seminole Street, and on the south side of 1 211
Sequoia Drive, from East Alameda Street to the east cul-de-sac. The work will include the reconstruction of curb and gutters, reconstruction of drive approaches, construction of new sidewalks, removal and replanting of trees, relocation of streetlights, relocation of fire hydrants, reconstruction of rolling gates and wrought iron fences.

A Request For Proposals ("RFP") for construction management and inspection services was issued and advertised on November 22, 2022, on the City's website. The RFP was also sent to nine (9) consulting firms experienced in this type of work on November 19, 2022. Three (3) firms submitted proposals by the due date of December 20, 2022. A review panel composed of two City of South Gate Engineering Division staff members and one City of Downey Public Works staff member evaluated the three proposals and conducted interviews. The consultants were ranked based on experience and qualifications including project manager and firm experience in similar projects, construction inspector experience, firm ability in reducing change orders, and keeping project on schedule. Z&K received the highest ranking from the panel.

Z&K is located in San Bernardino, California. They have been in business for 32 years and have substantial experience providing construction management and inspection services. Z&K has experience in the City of South Gate. Z&K is currently providing construction management and inspection services for the construction of the Hollydale Cornrnunity Park Project.

The proposed Agreement is in the amount of $110,442. Services include construction management, construction inspection, labor compliance, material testing, utility coordination, etc. and provides services for a 50-day construction schedule.

Construction is projected to start March of 2023 and be completed in May of 2023.

ATTACHMENT: Proposed Agreement and Exhibit A
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AGREEMENT FOR PROFESSIONAL SERVICES FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES BETWEEN THE CITY OF SOUTH GATE AND Z&K CONSULT ANTS, INC. FOR THE EAST

ALAMEDA STREET SIDEWALK IMPROVEMENTS PROJECT, CITY PROJECT N0. 660-ST
This Agreement for Professional Services for Construction Management and Inspection Services ("Agreement") is made and entered into on January 24, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Z&K Consultants, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain Consultant to provide construction management and inspection services for the East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST; and
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the construction management and inspection services required under this Agreement to oversee construction of the project; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.

2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of One Hundred Ten Thousand Four Hundred Forty-Two Dollars ($110,442) as described in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by City Manager or his/her designee.

2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
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2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.

2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.

3. TERM OF AGREEMENT. This Agreement is effective as of January 24, 2023, and will remain in effect for a period of one year from said date or until project completion, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.

4. CITY AGENT. The Assistant City Manager/Director of Public Work ("Director"), or his/her designee, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Director, or his/her designee, has the authority to provide that approval or authorization.

5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by Consultant under this Agreement.

Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.

5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.

6. GENERAL TERMS AND CONDITIONS.

6.1 Termination for Convenience. City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.

6.2 Termination for Cause.
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6.2.1 City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereoj'; or b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.

6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.

6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1. above.

6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.

6.4 Non-Discrimination.

6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes 5116863.1-L235.0
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of the Federal, State, and County and the City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.

Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

6.4.2 The provisions of Subsection 6.4. l above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.

6.5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:

6.5.1 Workers Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.

6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers and employees. c. Speci:ty its acts as primary insurance.
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d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this Agreement.

6.6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.

6.7 Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments, without regard to conflict of law principles.

6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.

6.8.1 Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.

6.8.2 Indemnification of CalPERS Determination - In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.
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6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.

6.9 Consultant's Personnel.

6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.

6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.

6.9.4 Consultant shall indemnify and hold harmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.

6.10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.

6.11 Legal Construction.

6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California without regard to conflict of law principles.

6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed 5]16863.1-L235.0
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against the drafting party shall not be applicable to this Agreement.

6.11.3. The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.

6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.

6.13 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a mitten extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub- consultants and agents.

6.14 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably, timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant.

6.15 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No 5116863.1-L235.0
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express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.

6.18 Stvtr.it;lily. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.19 Attorneys' Fees. The Parties hereto acla'iowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.

6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.

6.21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY:

City of South Gate
Arturo Cervantes, P.E.

Assistant City Manager/Director of Public Works
8650 California Avenue
South Gate, CA 90280
Email: ACervantes@,sogate.org
TEL. (323) 563-9567
WITH COURTESY COPY TO:

City Clerk's Office
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze(24sogate.org
TEL: (323) 563-9510
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TO CONSULT ANT:

Crystal Fraire, P.E.

President
Z&K Consultants, Inc.
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92400
Email: cfaqih@ zandkconsultants.com
Tel. (951) 310-7470

6.22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.

6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.

6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.

7. EFFECTIVE DATE. The effective date of this Agreement is January 24, 2023 and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
[Remainder of page left blank intentionally.]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

B7:

Maria del Pilar Avalos, Mayor
Dated:

ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:
u"'IF<2as*('A"'ttoSr!
Z&K CONSULT ANTS, INC.:

By:

Crystal Fraire, President
Dated:
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Our pioposed personnel areiocal
to thi, community and have been
aie 'e-xcited to serv,e the Cit7,oj %
, Y : % . j %

REQUEST FOR PROPOSALS (RFP)

FOR CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE EAST ALAMEDA STREET SIDEWALK

IMPROVEMENTS PROJECT
PROJECT N0. 660-ST Exhibit 11411
CONSULT ANTS DECEMBER 12, 2022
223
Table of Contents
Cover Letter
Qualifications and Experience
Firm Background..............

Project Organization Chart
Staffing Plan/T eam Availability
Resumes
Firm Experience
Scope of Work and Project Approach
Quality/Control (Q/C) and Quality/Assurance (Q/A) Procedures Risk Management Log
Lessons Learned and Constructability Review Comments Scope of Work
Discussion of Document Control
Fee Proposal
$CONSULT ANTS

BUILDING SOLUTIONS
Separate Submission
ff 224
December 12, 2022
Emilio Murga, P.E., Consultant Pi-oject Manager
City of Sorith Gate, 8650 Califoi-nia Avenue, South Gate, CA 90280 Dear Mr. Murga,
Z&K Consultants, Inc. (Z&K) proudly presents our proposal to the City of South Gate to provide Construction Management and Inspection Services for the Construction of the East Alameda Street Sidewalk Improvement Project, Project No. 660-ST.

Z&K is a certified Women's Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Construction Management, Construction Inspection, Traffic Engineering, Plan Review, Project Management, Staff Augmentation, and other Engineering Services. The Z&K Team has held numerous professional construction mana(3ement and inspection services contracts for local agencies and is committed to the success ofthe City's project.

Z&K is proposing the same team that delivered numerous including Converse Consultants as a subconsultant providing Material Testing Services and Rail Pros for Traffic Engineering. Tliis Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays. We understand the vital importance of community outreach in keeping councilmembers and the community informed with accurate project schedules and detailed outreach efforts. Z&K may provide weekly project newsletters of critical construction activities completed each week and the scheduled activities to be completed the weekafter. Z&KisproudtoprovidesitewalkswithCitystaffandelectedofficialsatanytimethroughout the project to discuss project progress and schedule.

Our proposed Senior Construction Manager, ZaCk Faqlh, CBO, and Our Senior Construction Inspector, Tom Dawson, CBO, are thoroughly familiar with the project. Our team has prepared a comprehensive risk matrix for this Project. Zack Faqih, PE, QSD/P, MSCE, CBO will personally lead the Z&K Team as the Senior Construction Manager. Mr. Faqih has a strong team of high-quality seniorindividuals to perform the tasks outlined in this RFP. Our key team members have over 25 years of specialized experience in these Services for public agencies and have 100% commitment to the City's Project.

Zack (Senior CM) and Tom (Senior Inspector) have extensive experience working for Pu;plic A@qn;ies for over half of their careers. Zack and Tom have held Deputy Building Official titles for various Public %encies. Our team is accustomed to worl<ing with governmental agencies and have first-hand understanding of public agency issues, procedures and policies.

We have created a unique staffln@ plan to meet the City" s needs and expectations for this Project. Our proposed team members are recognized as experts in CM and Inspection Services and will provide "turn-key" Services for the City of South Gate. The Z&K team knows the importance of providing qualified and experienced personnel that arrive on-site properly equipped and have the necessary safety and technical training to start work with no learning curve.

We maintain an extensive history of working with various local agencies. Throughout the completion of many projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers, and contractors. We have successfully delivered projects in a timely and cost-effective manner and have acquired a keen understandin@ of agency requirements.

Our team prepared a risk management lou, identifying various critical elements of this project that will be of top priority for Z&K'S proposed personnel. We have thoroughly reviewed the project and performed a site visit. We understand that this Project includes asphalt concrete, sidewalkimprovements, curb ramps, driveway, retaining curb, curb and gutter, steel fence, streetlight relocation, mill of existing pavement, signing and striping, irrigation retrofits, hydrant relocation, other miscellaneous work as shown on the plans.

I will serve as the primary contact person for the full duration of the contract, and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and correct. Z&K Consultants, Inc. is unaware of any conflict of interest in performing the proposed work. Z&K does not have any exceptions and commits to accept the terms and conditions to the language in the RFQ documents. We look forward to the successful completion of the City of South Gate's upcoming project.

Sincerely,
C?
Crystal Fraire, PE, President i Z&K Consultants, Inc. 473 E. Carnegie Drive i Suite 200 i San Bernardino, CA 92400 951.310.7470 l [email protected]
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SECTION II. QUALIFICATIONS AND EXPERIENCE

FIRM BACKGROUND
Z&K Consultants Inc. (Z&K) is a leading provider of Construction Management and Construction Inspection services. We ai-e a full-sei-vice civil engineei-ing firm specializing in professional engineering services ranging from construction management, construction inspection, project tnanagement, labot compliance, structural engineering, plan review, staff augmentation, and other professional engineering consulting services.

Z&K is in a strong financial position and does not liave any conditions that may impede our firm's ability to provide the services requested in tl'iis proposal.

The Z&K Team has successfully completed numerous sidewalk and street improvement projects for local agencies. Z&K has exceptional experience providing Construction Management and Inspection services of projects for Southern California municipal agencies in the following project types/features: slurry seal, full depth AC removal and replacement, sti-eetlighting, sidewalkimprovements, driveways, curb and gutter, ADA ramps, crosswalks, grind and overlay, signage and striping and other miscellaneous work as sliown on the plans.

Z&K commits tO providing Our best construction management and inspection services for timely project completion. Our Team has extensive experience working with Public Agencies in similai- assignments, including experience in dealing with public agency staff, City Councils, and Commissions. Our key prolect team members have served public agencies in various capacities, are accustomed to working with governi'nent agencies, and liave a Bood understandin(4 of public agency issues, procedures and policies. Our qualified team will provide tui-n-key services, be the single point of contact, and responsible party representing the City. We will dedicate the necessary resources to complete each assignment on time and within budget. Our key personnel will be assigned tO the project for the entire duration and will not be removed or replaced without concuri-ence trom the City. We maintain close attention to Dtlr clients by trackin(4 our contract budgets and schedules.

Z&K is proud of our reputation for having seasoned construdion management, project management, and inspection personnel and of the industry's recognition of our ability to deliver improvement projects ahead-of-schedule, under budget, without claims, and with outstanding customer service for the local community. Our Team has stron@ construction knowledge and background in construction of municipal public works projects, can provide leadership to the entire design and construction team, are able to work in close partnership with City staff and are able to oversee/manage/control schedules and costs during all phases of the project construction.

Z&K takes a proactive approach to Quality Assurance and Quality Control. We believe that no project is too small for quality and that everyone is responsible for quality. It is our goal to deliver a well-constructed project that will meet the City's expectations of quality and functionality. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed management procedures that promote collaboration and teamwork, improve quality and maximize the value of the City's project.

Quality Control starts with our inspectors in the field doing their job diligently and being properly equipped to perform their duties. It is our Team's responsibility to make sure that our personnel have the complete and proper submittals, test equipment, conformed plans and specs, and standards they may need to properly oversee the project. With the right tools, our team members are on site to observe construction operations and materials and compare them with the project plans and specifications.

Z& K has extensive experience providing Construction Management and Inspection Services on similar projects to the City of South Gate"S Project. Over the last 5 years, the Z&K team has provided these Services for the following similar contracts and projects, amongst numerous others:
>> Sidewaik Gap Closure Safe Routes to School, Project No. 13288 (City of San Bernardino) >> Infill Housing Sidewalk and Street Improvements (City of San Bernardino) >> PavementandSidewalkRehabilitationatTenLocations(CityofSanBernardino) >> Walnut Grove Ave. Resufacing Project, Phase I (City of Rosemead) >> Slurry Seal Zone F and Arterial Slurry Seal Jeronimo and Muirlands from Los Alisos to Bake (City oF Lake Forest) >> Slurry Seal Zones A, D, E, B, and C (City of Lake Forest) >> Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project (City of Costa Mesa) >> Slurry Seal Program for Various Locations Citywide (City of Chino) >> Alley/Sanitation Rehabilitation Project (City of Chino) >> Street rehabilitation Program, 30+ Major City Streets (City of San Bernardino) >> Annual Residential Street Rehabilitation Project, Phase 1 & Phase 2A (City of Compton) >> Street Rehabilitation Program Phase 1 & Phase 2 (City of San Marino) >> CDBG Local Streets Rehabilitation Project (City of Norwalk) >> Residential & Arterial Pavement Improvement Project, 1-159/1-139 (City of Torrance) >> FY 19-20 & 20-21 Street Rehabilitation Project (City of Alhambra) >> 2021-2022ResurfacingProject:ResidentialResurfacingPhasel-AyonAve,CalleDelNorte,PatMirandaLn,CalleDePaseo,Allen Dr, Progress Ln, Central St & Peppertree Ln; P-1034 (City of Irwindale) >> Anza/Vista Montana/Pacific Coast Highway Intersection Improvements (City of Torrance) >> On-Call Services for Various Street Improvement Projects (City of Chino) >> 801-0081 Citywide Pavement Rehabilitation Project 18/19 (City of Moreno Valley) >> 80'l-0084 Citywide Pavement Rehabilitation Project 19/20 (City of Moreno Valley) projects include funding from various sources including, bond funds, STP programs, Metro On-Call, Federal/State/Local Funding, Assistance Procedures Manual (LAPM).

PROJECT ORGANIZATIONAL CHART
Z&K has carefully selected this "A-Team" and has committed our most qualified staff for the duration of the contract. Our proposed Z&K team includes the following subconsultant, with whom we've worked together on numerous projects and share great synergy:
>> Converse Consultants: Materials Testing Services >> Rail Pros: Traffic Engineering
Our proposed team members have extensive experience in Construdion Management and Inspedion of sidewalk/street improvement projects. Our staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate manhours, when possible, for cost savings to the City. By using highly qualified multi-disciplined personnel, we can provide a cost of service well under industry standard.

SUBCONSULTANTSI CONVERSECONSULTANTS
In 1946, Professor Frederick J. Converse established Converse Consultants (Converse) in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse is an employee- owned corporation, with 9 offices and more than 150 employees throughout the United States. Their professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel, Their laboratories are certified by the Division of the State Architect (DSA), California Department of Transportation (Caltrans), US Army Corps of Engineers, American Association of State Highway and Transportation Officials (AASHTO), and the Cement and Concrete Reference Laboratory (CCRL). A registered civil engineersupetvises each lab to ensure all of our equipment is calibrated regularly, and quality control is available 24/7.

Z&KConsultants commits that all assigned personnel w/// notbe removed or replaced w/thout prior written Cityappmvag. Key personnel w/// be available to the extent proposed for the duration of the contmd. Our proposed and fully committed team /s fully capable and exceptionally qualified. They have hefd many leadership and supervisory management positions in many local agencles including the privme and publicsectors. AIL can multi-task, are multi-disciplined, and have a full understanding of all aspects of the pmposed project requirements. Theydelivertheirknowledgeandexpertisewithtactandsearnlessintegrationwithstaffandoutsideagencies.

STAFFING PLAN/TEAM AVAILABILITI
Z&K Consultants, Inc. has first-hand experience on the expectations and requirements to make this Project a success. This is animportant Project for the City and community. We understand the staff effort needed to complete this project on time and within budget. Based on previous projects, we have developed a unique staffing plan specific to the City of South Gate's Project. Our key personnel have all served together on previous projects. Our proposed staffing plan has been developed to have a cost well under industry standard. "The Z&K key personnel are currently working full-time but will be available in for the City's Project.

KEY PERSONNEL
The proposed key team members have extensive experience working with Public Agencies in similar assignments, including experience in dealing with public agency staff, City Councils, and Commissions. The key project team members have served public agencies in various capacities, are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. We will provide turn-key services, be the single point of contact and responsible party representing the City.

Zack Faqih, PE, QSD/P, MSCE, CBO l Senior Construction Manager (30-t- Sidewalk/Street Improvement Pmjects) Mr. Faqih has 32 years of experience in the Construction Management, Construction Inspection, Project Management, and Contract Administration of capital imporvement and public works projects, and has successfully delivered over 30 sidewalk/street improvement pmjects, including street improvements, slurry seal, pavement rehabilitation, intersection improvements, sewer and storm drain improvements, traffic signal improvements, curbs, gutters, sidewalks, bridge projects, and access ramps. He has excellent skills in understanding construction contracts, icview and control project cost and schedule, coordinate and assist in negotiating change orders, maintain project as-builts, managing multiple subconsultants and supervise inspection staff. Mr. Faqih was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years.

Thomas Dawson, CBO, ICC Certified l Senior Construction Inspector (Over26 Sidewalk/Street Improvement Projects) Mr. Dawson is multi-disciplined and has extensive Construction Management experience. He has over 28 years of experience and has successfully completed over 26 sidewalk/street improvement proJeds. We understand that the City's Project requires a more experienced inspector who can immediately resolve issues in the field. He creates great working relationships with City staff and the local community. Mr. Dawson will be available for site walks and meetings with the City. These will provide opportunities to discuss project specifics, issues, and propose solutions. Mr. Dawson will work closely with the residents and local community to respond to complaints and keep the City updated on Project progress. He will coordinate with local agencies which will be critical to the Project's success. Mr. Dawson was the Deputy Building Official for the County of Orange for over 12 years.

Brtttany Duhn, PE, QSD/P l Project Manager/Office Engineer/Labor Compliance (Over 15 Sidewalk/Street Improvement Projects) MS. Duhn haS eXtenSiVe eXperienCe in prOjeCt management, OffiCe engineering, COntraCt administration, document control, labor compliance oversight, and construction management, and has successfully delivered over 15 sidewalk/street improvement pmjects, involving sidewalk, curb ramps, drvieways, curb and gutter, street improvements, intersection improvements, ADA ramp improvements, bike lanes and bike trails, conduit installation, traffic signal improvements, asphalt overlay, construction staging, traffic control, clearing and grubbing, SWPPP preparation, coldmill and overlay, manholes and utilty covers, loop detectors, PCC sidewalk, speed humps, and pedestrian crossings. These are great testaments of Ms. Duhn' managerial and oversight project experience.

Zack Faqih, MSCE, PE, QSD/P, CBO
Senior Construction Manager
Relevant Key Highlights:

Construction Management
Construction Inspection
Croon's't%':aa:fli'tamReevni'ews
Management Information System
Traffic Control
Cost Control
P:i:i!1:c4view
Change Order Review
Dispute Resolution
K;:7, ga:=':'t:::R5:i?t"W'=:?,:'---
Public Relations
Permit/Environmental Compliance
Progress Payment Review
Safety Compliance
Drone Services
Utility Coordination
coxsutaraxrs

BUILDING SOLUTIONS
Street Rehabilitation
Street Resufacing
Cold Mill & Overlay
ARHM Pavement
AC Base Course
Curb & Gutters
Sidewalks
Cross Gutters
Alley Intersections
Driveway Approaches
Curb Ramps
SSipgeneindg,, Sutmriopsing, & Markings
Sewer M-anholes
Water Valves & Water Meters
Storm Drain Manholes
Mr. Faqih has over 32 years of experience in the design, construction management, project management, and inspection of projects, and has successfully delivered over 30 sidewalk/street improvement involving sidewalks, curb ramps, driveways, curb and gutter, retaining curbs, culverts, residential streets, cold mill and overlay, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutters, alley intersections, driveway approaches, curb ramps, signing, striping, and signing, speed humps, traffic signalloops, water valves and meters, and sewer and storm drain manholes. He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, provide project updates to the client, ensure timely review of critical path method schedule to track changes in critical path and delays, maintain project as-builts, managing multiple subconsultants and supervise inspection staff. Mr. Faqih excels in providing detailed constructability review of project plans and specifications, which minimizes the potential project delays and change order, assists the client from pre-award to project close-out to ensure full funding reimbursement.

Relevant Project Experience

EDUCATION
)) MSCE - Structures
Cal State Fullerton 2005
)) BSCE - Civil /Transportation
Cal State LA 1985
LICENSES & REGISTR/)iTION
)) Professional Engineer, P.E.

State of California, C57958
)) Certified Accessibility
Inspector/Plans Examiner
)) Certified Building Official,
C.B.O., CAB0,ICC#3741
)) Certified Plans Examiner,
I.C.B.O., #1020345-60
)) Certified Mechanical Inspector
I.C.B.O. #1020345-40
)) Certified Plumbing Inspector
I.C.B.O. #1020345-30
)) Certified Electrical Inspector
I.C.B.O. #1020345-20
)) 5WPPP (QSD) & (QSP) #22055
)) OSHA 30 Hour Certification
)) State Certified HERS Rater
)) Certified Emergency Inspector
)) C.G.B.P Certified Green
Building Inspector
)) Certified Special Inspector for
Fire Proofing
)) Certified Special Inspector for
Structural Welding
)) Certified Special Inspector for
Structural Steel
)) Certified Special Inspector for
Reinforced Concrete
city of Compton: Annual Residential Street Rehabilitation Project (Phases 1 & 2A), Compton, GA nluSmeneiro0ruSCostnrsetertuscti.lontc"rluMdalnngagCearl/TdWeeclhl,nMicaylrrShuliGproarnt,eaTeh,isl3p4rothj/eEcltVaincTlau,dueadtaJ,tBreraedt;leelhdabAill0itnatdioran Parmelee, Stockwell, Bullis, and Palmer. Scope of work included pavement improvements, street resurfacing, slurry seal, construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks and driveways, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and traffic signal loop. 5cope included full-service construction management and inspection, meetings, scheduling, cost control, staging coordination, labor compliance, reviewing RFIs and Submittals, change orders, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, and final walkthrough.

City of Lake Forest: Street Resurfacing and Slurry Seal Program, Lake Forest, CA I Senior Construction Manager This street resurfacing and slurry seal program for the City of Lake Forest involves street resurfacing of Glenn Ranch Road from Portola to EI Toro, slurry seal Of residential ZOne F, and arterial slurry Seal Of Jeronimo and Muirlands from LaS AliSOS tO Bake, aS Well aS COld mill and overlay, ARHM pavement, AC base course, aggregate base, clearing and grubbing, SWPPP preparation, cold mill and overlay, adjustment of sewer and storm drain manholes, replacement of PCC sidewalk, installation of loop detectors, speed humps, pedestrian crossings, dig-outs at specific locations, updated ADA ramps, restriping of roadways for all three projects. Mr. Faqih ensured compliance with the plans and specifications, coordinated with the contractor, designer, sub-consultants, utilities, and regulatory agencies, attended progress meetings, and prepared monthly cost progress reports and contract change orders.

City ofTorrance: Residential and Arterial Pavementlmprovement,l-159/l-139, Torrance, CA l Senior Construction Manager: This project involves pavement improvements to a residential neighborhood and four arterial streets. Improvements include clearing and grubbing, cold mill and overlay, AC base course, aggregate base, concrete 'repairs to sidewalk, replacement of pavement markings and striping on COnCrete an d asphalt, installation Of speed humps, traffiC Signal 100pS, Water ValVeS and Water meterSI SeWer manholes and Storm drain manholes. Mr. Faqih ensured compliance with the plans and specifications, coordinated with the contractor, designer, sub-consultants, utilities, and regulatory agencies, attended progress meetings, and prepared monthly cost progress reports and contract change orders.

City of San Bernardino: 40th Street Widening from Johnson to Electric Avenue Project l Senior Construction Manager: This project includes the widening of 40th Street from two (2) to four (4) lanes from Johnson to Electric Avenue including upgrade of the existing traffic signal at Electric Avenue. This includes finalizing the street and sewer design, right of way acquisition, and undergrounding of the oyerhead lines under Rule 20-A.

Thomas Dawson, CBO, ICC Certified CONSULTANTS
Senior Construction Ins

BUILDING SOLUTIONS
pector
Relevant Key Highlights:

Construction Management
Construction Inspection
Project Management
Constructability Reviews
sVuablume.lffEnaYiRneeVel.reiWngs
Progress Billing Review
Change Order Review
Request for Information Review
Capital Improvement ProJects
Construction Survey
Materials Testing Coordination
Street Resurfacing
sSttrreeeett 'Rmef:arobvileitmateionn'Projeds
Cold Mill & Overlay
ARHM Pavement
AC Slot Pavement
Curb & Gutters
Concrete Crosswalks
Sidewalk Improvement
Cross Gutters
Driveway Approaches
Signing, Striping, & Markings
Speed Humps
Traffic Signal Loops
Traffic Control
Cal/OSHA Compliance
Public Relations
:\o"s'lt%ccheoSduj:nudgets
Safety & SWPPP Compliance
Quality Control/Quality Assurance
Claims Support

LICENSES & REGISTRATION
International Code Counsel
certifications
Fire Inspector I
Building Plan Examiner
California Commercia
Electrical
California Combination
Inspector
Combination Inspect/Legacy
California Commercial
Plumbing Inspector
California Commercial
elicfhoarn'Yac ":esni'!oair
Electrical Inspector
California Residential
Plumbing Inspector
Certified Building Official
CLB License Number 674861
OSHA 30 Hour Training
Mr. Dawson has over 25 years of experience in public works inspection, construction management, contracting, quality control, and management of large-scale public works capital improvement projects, including street resurFacing and improvement projects and has successfullydegiveredover24sidewalk/streetimprovementproJects,. Mr. Dawson is ICC Certified in electrical, mechanical, and plumbing inspection. Mr. Dawson's expertise extends to his familiarity with Caltrans, Federal Department of Labor and State of California Division of Labor Standards Enforcement (DSLE) Compliance Monitoring Unit (CMU) requirements and equal employment opportunity compliance monitoring. Mr. Dawson has served as a senior inspector for interchanges, numerous street improvement projects, facility projects, and utility projects.

Mr. Dawson also provides project management both during planning stages and with continuous inspection and onsite project supervision of all trades.

Relevan't Project Experience
ATP Cyde 2 - Safe Routes to Schools Project at Three (3) Locations Projed l Senior Construction Inspector: This project is to widen and improve streets at three locations to provide safe routes to school for students. The locations to be improved are 48th Street between Western Avenue and Magnolia Avenue, Magnolia Avenue between 48th Street and Reservoir Drive, Randall Avenue between Pepper Avenue and Meridian Avenue, Meridian Avenue between Randall Avenue and Los Robles Street, Pepper Avenue between Randall Avenue and Los Robles Street and Perris Hill Park Road between Gilbert Street and Pacific Street. This project consists of street widening, sidewalks, curb and gutter, and access ramps.

City of San Bernardino: Citywide Pavement Rehabilitation Project (SBI) l Senior Construction Inspector: This project consists of citywide pavement rehabilitation. Accessibility improvement will be installed or upgraded as part of the project. The project is funded through SBI funding. There is the rehabilitation of 15 streets which include reconstruction of AC, overlay, sidewalk, curb, gutters, and ramps.

City of Montebello, Pavement Rehabilitation, Various Streets (CDBG Zone) l Senior Coristruction Inspector: The City completes pavement rehabilitation projects along residential, commercial, and alley corridors. The general improvements for pavement rehabilitation projects include cold mill and AC overlay, removing and replacin@ concrete sidewalks, curb and constructing new access ramps, adjusting manholes to grades, and installing striping and pavement messages. T\iue"perrosj'eucr corandsjnsAdanodf design, proJect management, bidding, award of contract, construction management and inspection as well as federal fund administration and labor compliance of various streets pavement repairing and skin patching.

City of San Bernardino: "H" Street Widening from Kendall to 40'h Street Project l Senior Construction Inspector: This project involves widening and improving "H" Street between Kendall and 40th Street. Services include finalizing the street design and acquiring right of way from 12 properties, including a restaurant. Project included extensive concrete improvements including sidewalk, driveways, etc.

City of Montebello, lath Street Improvements Project l Senior Construction Inspector: The Project consisted of pavement rehabilitation, removal and reconstruction of existing concrete sidewalks, curb and gutters, driveway approaches, curb ramps, cold milling existing AC WpaavrenmlnegnStu, fadajcuest0mneenXt.lSotflnsgewcuerrbmraamnhpoSI,easnfdramlnsetsalalantdlocnovOefrps,aVraeimsinegntwmataerrVlvnaglsveancodvceursrbtopafi.lnntislnhge:dT\lasdper,oiJnescttalClaOtnioslnstoefddoeftedcetsalgbnle project management, bidding, award of contract, construction management and inspection of the 10th Street Improvements.

City of Compton: Annual Residential Street Rehabilitation Project, Compton, CA l Senior Construction Inspector: This project included street rehabilitation of seven major City streets. Scope of work included construction of cold mill, ARHM pavement, AC base course, aiAgerres%ac'teion,badseri'vefuwl'aydeap'phroAaCch,slcou'r€arVaemmpesn, 's:gcnuinrbg, astnrdipAugI,'emrSa'rkaisn'ghs,at'raoffVicersliag\'aPI CloCop":dloeoWpa'dkesteacntdords,r'aVneWd aadsjusctrtoossgi':udIeteerxisatjneg sewer manhole.

CcOitynsotfruScatnlOMna0rfincooidaStmrelelltlnRgeahsapbhilaitRatciOonncPrreotgerpaamV,eSmanenMtaarnidnor,eCApaVl SInegnWio.lrthCohn0sttmru.lcXtiaoSnphlnasltpe(HctMor,aTahne!arospghraamltr'suibmbperrohvoetmmenlXts(AinRcHluMd)e clearing and grubbing, removal and disposal of Macadam base materials, localized pavement repairs, replacingimpacted traffic striping, :Saivrekw'?y%'aanVde:eivnetweajeanpdps;ooao!edse,tiensCttaolrlsir*gCusrpbe:da'nhIum"n('s,re:djuCsntigngdaumtialiPyedfracmurebsaannddggurta'teer;,Ccuorborrdaimnaptsirigcrwositshgluo'caelrsfftisl:tdieeWs,aaknsa providing temporary traffic control in conformance with the contract documents.

Brittany Duhn, PE, QSD/QSP
Project Manager/Office Engineer/Labor Compliance

CONSULT ANTS

BUILDING SOLUTIONS

EDUCATION
)) BSCE - Civil Engineering
California State Polytechnic
University, Pomona
Relevant Key Highlights:

Construction Management
Construction Inspection
Project Management
Constructability Reviews
Value Engineering
Submittal Reviews
Progress Billing Review
Change Order Review
Request for Information Review
Capital Improvement Projects
Construction Survey
Materials Testing Coordination
Street Resurfacing
Street Improvements
Street Rehabilitation Projeds
Cold Mill & Overlay
ARHM Pavement
AC Base Course
AC Slot Pavement
Curb & Gutters
Sidewalk Improvement
Cross Gutters
Alley Intersections
Driveway Approaches
Signing, Striping, & Markings
Speed Humps
Traffic Signal Loops
Seyer Manholes, Water Valves, Water
Meters
Traffic Control
Cal/OSHA Compliance
Public Relations
Utility Coordination
Cost/Scheduling/Budgets
Safety & SWPPP Compliance
Quality Control/Quality Assurance
Claims Support

LICENSES & REGISTRATION
)) Professional Engineer,
P.E. State of California, #91078
)) SWPPP (QSD) & (QSP)
Certificate # 22055
)) OSHA 30 Hour Ms. Duhn has extensive experience in document control, labor compliance, project management, office engineering, construction management, and field inspections of street improvement projects. She has thorough knowledge of labor compliance and office engineering from her work on numerous street improvement projects, bridge, rail, grade separations, water and wastewater projects, and interchange projects and has successfully delivered over 10 sidewalk/street improvement projects. These are great testaments of Ms. Duhn' managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closely with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and project coordination. Ms. Duhn is a highly motivated engineer with great enthusiasm and eagerness to learn new methods and construction techniques. She is a critical thinker with great attention to detail for finished products. She is experienced in developing and maintaining project files, processing progress payments, and maintaining various logs, including submittals, RFIs, and correspondences.Sheisproficientwithvariousconstructioncomputersoftware. Ms.DuhnhasworkedonvariousprojectswithCaltrans right-of-way and is familiar with Caltrans procedures. She has thorough knowledge of Caltrans filing system and audits. Ms. Duhn is a dedicated professional with an abundance of energy and enthusiasm.

Relevant Project Experience
City of Compton: Annual Residential Street Rehabilitation Project (Phase 1), Compton, CA l Office Engineer/Document Control: This project included street rehabilitation of seven major City streets. Scope of work included construction of cold mill, ARHM pavement, AC base course, aggregate base, fuil depth AC slot pavement, curb and gutters, asphalt overlay, PCC sidewalks and driveways, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, traffic signal loop, loop detectors, and adjust to grade existing sewer manhole. Scope included full-service construction management, reviewing traffic control plans, meetings, scheduling, cost control, staging coordination, labor compliance, reviewing RFIs and Submittals, change orders, quality control/inspection, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports.

City of San Bernardino: Street Rehabilitation Program (30+ Major Streets), San Bernardino, CAI OFFice Engineer/Document Control: This long-term, on-call contract involves concrete improvements and pavement improvements of over 30 major streets in the City of San Bernardino. The contract also includes the rehabilitation and resurfacing of various streets and intersections. Scope of work indudes full depth removal and replacement of asphalt concrete, cold milling and overlay of existing asphalt concrete, mobilization, traffic control, staging for major streets and intersections, removal of traffic striping, installation of traffic striping and pavement markers, installation ofloop detectors and bicycle loop detectors, construction of cross walks, removal and replacement of sidewalk, driveways, PCC curb and gutter, cross gutters, spandrels, curb ramps along both residential and commercial streets, manhole and utility vault adjustments, and preparation of SWPPP and erosion control plans.

City ofTorrance: ReSidential and Arterial Pavement ImprOVement, 1-159/1-139, Torrancei CA I OfflCe Engineer/Document COntrOl: ThiS project involves pavement improvements to a residential neighborhood and four arterial streets. Improvements include clearing and grubbing, application of slurry seal, cold mill and AC overlay, removal and disposal of existing pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, concrete repairs to PCC curb, gutter, PCC sidewalk, PCC driveways and driveways approaches, access ramps, replacement of pavement markings and striping on concrete and asphalt, and installation of raised pavement markers and city project signs. Ms. Duhn coordinated meetings with City staff, performed document control procedures, and reviewed contractor's payroll reports.

P age 7 0f 21 x7231
[4-Mu'

EDUCATION
ngineering Technology, California State
olytechnic University, Pomona AS, Electronics,
itrus Co e

REGISTRATIONS
egistered Civil Engineer - California No. C69921
egistered Traffic Engineer - California No. TR2169
Registered Professional Traffic Operations Engineer - u.s. No. 2137

SUMMARY OFQUALIFICATIONS
Mr. Esposito's role as a Senior Project Manager is to provide project management and de-sijn expertise for various traffic-related projects. He has 28 years of experience with the preparation of project plans, specifications, and estimates (PS&Es). Mr. Esposito's specific areas of expertise are signal design and signal operations, ITS design, lighting design, signing, striping, and traffic control design.

PROJECT EXPERIENCE
Murrieta Road Buffered Bike Lanes, City of Menifee, CA Task Manager. Mr. Esposito was responsible for overseeing the signing and striping design for the implementation of buffered bike lanes on a 2 %-mile segment of Murrieta Road in the City of Menifee, California. As part of a resurfacing project between Newport Road and McCall Boulevard the City will be installing buffered bike lanes to accommodate bicydes, golf carts and NEVs. The buffered bike lanes wil btf installed at locations with and without on-street parking. Other new features included in the design are dual lefl:-turn lanes on Murrieta Road at Newport Road, hi-visibility crosswalks, and solar powered LED enhanced Stop signs at two intersections. New traffic signal and bicycle detection will be installed at each project intersection as part of the new striping layout and as a result of the resurfacing. Design challenges induded: Implementing left-turn restrictions at four commercial driveways to improve safety and efficiency, shifting the striping alignment at Newport Road to allow U-turns, and intersection treatments for the bike lanes.

The scope of services includes the preparation of signing and striping plans, specifications, and construction estimates (PS&E) and construction support.

Magic Mountain Parkway Stage Constructron/Traffic Handling, County of Los Angeles, CA Traffic Manager. Mr. Esposito was responsible for leading the design effort for a stage construction and traffic handling design for major roadway improvements on a 1/2-mile segment of Magic Mountain Parkway between The Old Road and the Magic Mountain Park entrance. The roadway improvements included reprofiling the roadway within the project limits and widening the street from 84' to 1 32' curb-to- curb. The process of reprofiling the roadway created major grade differentials that needed to be accommodated between the construction stages. Design challenges included: Maintaining high roadway capacity to access the Magic Mountain park during operating hours, maintaining transit service to the park and nearby business center, and coordinating with Caltrans for lane closures at the nearby 1-5 and Magic Mountain Parkway interchange during construction. A temporary traffic signal was required for the transit bus to turn around at the park due to high traffic volume from the park at closing time.

The scope of services includes the preparation of stage construction and traffic handling plan, temporary traffic signal plans, specifications, and construction estimates (PS&E). Other services included assisting with the processing of the Caltrans Encroachment Permit Application.

Pacific Coast Highway (SR-1) at Anza Avenue/Vista Montana Intersection Improvement, City of Torrance, CA
Task Manager. Mr. Esposito is responsiblefor leadingthe design effortfora majortrafficsignal modification at the intersection of Pacific Coast Highway (SR-1) and Anza Avenue/Vista Montana as part of a major intersection improvement in the City of Torrance. He will also prepare temporary traffic signal plans that correspond to the proposed stages of construction. Overhead wiring will be required during construction to install temporary video detection and maintain normal operations during construction.

The scope of services includes the preparation of a traffic signal modification plan, temporary traffic signa P2Civitf%os

FIRM EXPERIENCE
i) (l.t')
The Z&K Team has successfully performed Construction Management, Construction Inspection, Project Management, and LaborCompliance for numerous projects. Thefollowin@ projects have been completed on time and within budget, CITY OF SAN BERNARDINO I SIDEWALK GAP CLOSURE SAFE ROUTES TO SCHOOL, PROJECT N0. 13288This project is tO widen and improve streets at three locations to provide safe routes to school for students. The locations to be improved are 48th Street between Western Avenue and Magnolia Avenue, Magnolia Avenue between 48th Street and Reservoir Drive, Randall Avenue between Pepper Avenue and Meridian Avenue, Meridian Avenue between Randall Avenue and Los Robles Street, Pepper Avenue between Randall /(venue and Los Robles Street and Perris Hill Park Road between Gilbert Street and Pacific Street. This project consists of street widening, sidewalks, curb and gutter, and access ramps.

CITY OF SAN BERNARDINO IINFILL HOUSING SIDEWALK AND STREET IMPROVEMENTS The Z&K Team is providing Construction and Project Mana(7ement Services for this project. The project'includes concrete improvements and pavement improvements of four major streets in the City of San Bernardino. The concrete improvements involved the removal and placement of sidewalk along both residential and commercial streets. Z & K personnel conducted a pre-construction walkthrough with the contractor to review traffic control, sign relocation, SWPPP control and to determine removal limits for concrete improvements. The walk through ensures the sidewalk and unclassified excavation/unclassified fill quantities will not be exceeded during construction. Additionally, Z & K personnel supervises the contractor and provides observation/inspection to endure contractor is complying with project plans and specifications. The project includes over 40,000 square feet of new sidewalk as well as 250,000 square feet of new asphalt pavement. Z & K personnel reviewed conti-actor's traffic control plan, asphalt and concrete mix designs, and various other submittals.Additional improvements included cross gutters, curb & gutter, survey monument reestablishment, manhole/utility vault adjustments, and storm drain catch basin adjustment. The project cost was approximately S1.4 million.

PAVEMENT AND SIDEWALK REHABILITATION ATTEN LOCATIONS, SAN BERNARDINO, CA The Z&K Team is providing Construction and Project Management Services for this project. Z & K personnel performed constructability reviews of the project plans and specifications prior to the bid release. The project includes unclassified excavation/fill, coldmill &overlay, and concrete improvements ofseveral streets. The project also includes tree removals and several manhole/utility adjustments.Z & K personnel coordinated the distribution of public notifications to several schools, churches, and residential homes affected by the placement of new sidewalk, driveway approaches, curb ramps, and pavement for this project. The project costis approximately S4.5 M.

CITY OF ALHAMBRA I FY 19-20 & 20-21 STREET REHABILITATION PROJECTS (T!/VO SEPARATE PHASES)The Z&K Team is performing Construction Management, Construction Inspection, and Labor Compliance Services forthis project, which consists of the pavement and street rehabilitation of 23 local street segments located south of Mission Road, west of Garfield Avenue, east of Atlantic Boulevard, and north of Valley Boulevard. Improvements indude street resurFacing, slurryseal treatment, varying depthsof cold mill and overlay, construction staging, full depth removal and reconstruction, concrete Improvements such as removal andreplacement of broke and off-grade sidewalk, ADA ramps that need updating, broke and off-grade curb and gutter, PCC sidewalk,installation ofloop detectors, adjustment of manhole covers and utility coversto grade, drivewayaprons in need of repairs, and concretecross gutter reconstrudion. Z&K performed traffic control plans review, SWPPP review and implementation, traffic signal plans review, coordination of geotechnical and material testing, attending and coordination construction progress meetings, submittal and request for information review, verification of project pay item quantities, invoice review, preparing daily inspection reports, change order review, developing punch lists for the contractor, providing labor compliance oversight (certified payroll and prevailing wage verificationl ensuring quality control and quality assurance, and assisting in public relations management.

CITY OF ROSEMEAD l WALNUT GROVE AVE. RESURFACING PROJECT, PHASE IZ&K Consultants, Inc. provided Construction Management and Inspection Services for this project, which involved street resurfacing of Walnut Grove Ave., from Marshall St. to Grand Ave. in the City of Rosemead. In addition to street improvements, the project included intersection improvements, removal and replacement Of existing AC pavement, COld mill and overlay, asphalt pOthole repalrs, replacement of PCC sidewalk, removal and replacement of ADA ramps, curb and gutter, bike lane and bike trail, traffic signal modifications, installation Of mediansi adJustment of manholes and utility COVers tO grade, installation Of specialty and bicyCle IOOpdetectors, installation Of speed humps, pedestnan crossings, and guardrail and roadwaY markers. Z&K's responsibilities includedproviding contract administration for proper enforcement of the contract plans and specifications, reviewing bonds and insurance to ensure compliance, providing engineering support, coordinating efforts between the City and the contractor, reviewing and tracking RFIs and RFCs, reviewing progress payment requests, providing coordination with other agencies, submitting permit and grant applications, coordinating schedules with designers, surveyors, and materials testin@ laboratories, and ensuring compliance with trafficcontrol plans. Z&K inspectors provided daily field observation during constriction monitoring of the work, maintained accurate records of the project schedule and any accidents or claims related to construction, coordinated contractor requests for interpretation of the plans and specifications, conducted labor compliance interviews, and reviewed and monitored all traffic control and public safety plans.

233

CITY OF LAKE FOREST I STREET RESURFACING OF GLENN RANCH ROAD FROM PORTOLA TO EL TORO AND PRE-

CONSTRUCTION INSPECTION SERVICES FOR SLURRY SEAL ZONE F AND ARTERIAL SLURRY SEAL JERONIMO AND

MUIRLANDS FROM LOS ALISOS TO BAKE
The Z&K Team is providing Construction Management, Construction Inspection, Pre-Construction Inspection, and Contract Administration Services for these projects, which involves the street resurfacing of Glenn Ranch Road from Portola Parkway to El Toro Road, as well as the slurry seal of and arterial slurry seal of Jeronimo and Muirlands from Los Alisos to Bake. Relevant project features include street resurfacing and rehabilitation, application of slurry seal, grinding and overlay, cold milling, concrete improvements, ARHM pavement, AC base course, aggregate base, signing, striping, markings and pavement legends, removal and replacement of PCC curb ramps, removal and replacement of PCC sidewalk, bike lane traffic loops, Type E traffic loops, dig-outs, sewer and storm drain manhole adjustments, and water valves adjustments. The Z&K team is performing construction inspection and management services, review of traffic control plans, SWPPP review and implementation, coordination of geotechnical and material testing, attending and coordination construction progress meetings, submittal and requestfor information review, verification of project pay item quantities,invoice review, preparing daily inspection reports, change order review, developing punch lists forthe contractor, ensuring quality control and quality assurance, and assisting in public relations management.

CITY OF IRWINDALE l 2021-2022 RESURFACING PROJECT: RESIDENTIAL RESURFACING PHASE I- AYON AVE, CALLE DEL NORTE, PAT MIRANDA LN, CALLE DE PASEO, ALLEN DR, PROGRESS LN, CENTRAL ST & PEPPERTREE LN- P-1034 Z&K provided Construction/Project Management and Inspection for this project. The project included street resurfacing', traffic control, raised crosswalks, speed humps, cold milling and AC overlay of existing asphalt concrete, construction of new curb and gutter, PCc sidewalk, installation and configuration of multiple traffic loop detectors, installation of city project signs, preservation of existing city survey monuments, adjusting manhole and utility covers to grade, installation of pavement markings and striping. Related work includes mobilization, traffic control, assisting in preparation of NPDES, local utility coordination, construction management, daily inspection, labor compliance, geotechnical and materials testing coordination. Z&K personnel coordinated the distribution of public notifications to several schools, churches, and homes affected.

CITY OF SAN BERNARDINO I STREET REHABILITATION PROGRAM (30+ MAJOR CITY STREETS) Z&K Consultants, Inc. is providing Construction Management and Inspection Services for this long-term, on-call contract with the City of San Bernardino, which includes street resurfacing and pavement rehabilitation for over 30 major streets and multiple major street intersections in the City. Z&K personnel performs constructability reviews of the project plans and specifications prior to the bid release, and full-service construction management and construction inspection for pre-construction, construction, and project closeout of all major City streets. The projects includes roadway and pavement rehabilitation, concrete improvements, cross gutters, curb and gutters, curb ramps, ADA improvements, storm drain and pipeline relocation, traffic signal improvements, traffic control, full depth removal and replacementofasphaltconcrete, cold millingandACoverlayofexistingasphaltconcrete, slurry seal application PCC sidewalk, replacement of existing PCC driveways, driveway approaches, curb ramps, retaining curbs, 3' high retaining wall, parkway culverts, cross gutters, asphalt- concrete pavement, removal and replacement of trees, clearing and grubbing, installation and configuration of multiple traffic loop detectors and bicyde traffic loop detedors, installation of city pmject signs, preservation of existing city survey monuments, adjusting manhole and utility covers to grade, reconfiguration and installation of street lighting, and installation of pavement markings and striping on concrete and asphalt. Related work includes mobilization, traffic control, assisting in preparation of SWPPP and erosion control plans, construction surveying, local utility coordination, and geotechnical and materials testing coordination. Z&K personnel coordinated the distribution of public notifications to several schools, churches, and residential homes affected by this City-wide Street rehabilitation project. Throughout the project, Z&K inspectors provided construction inspection services, specialty inspection of concrete work, coordinated geotechnical and materials testing, and performed contract administration and document management.

CITY OF COMPTON l ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT, PHASE I & PHASE 2A (TWO SEPARATE PROJECTS)
Z&K Consultants, Inc. is providing Construction Management, Inspection, and Labor Compliance services forthis Project. The scope of work consists of roadway and pavement rehabilitation, concrete improvements, asphalt overlay, construction staging, heavily travelled intersections, traffic control, clearing and grubbing, SWPPP preparation, cold mill and overlay, PCC sidewalk, manholes and utility covers, speed humps, pedestrian crossings, ADA improvements, slurry seal application, HMA pavement, ARHM overlay, AC base course, aggregate base, full depth AC slot pavement, alley intersection, driveway and driveway approach, landscaping, irrigation, adjusting manhole and utility covers to grade, water valve, water meter, street lighting, installation of loop detectors and bicycle loop detectors, traffic signal modification, adjustment of streetlight and traffic signal pull boxes to grade. Z&K inspectors perform inspections on mobilization, construction staging coordination in heavily traveled intersections, traffic control, SWPPP and erosion control.

Services also include full-service construction management, pre-construction, establishing a management information system, reviewing traffic control plans, meetings, issues management, scheduling, cost control, labor compliance, reviewing RFIs and Submittals, change orders, dispute resolution, quality control/inspection, material testing services, public relations, permits/environmental compliance, progress payments, monthly staff reports, site safety, as-builts drawings, final walkthrough, and project completion reports.

CITY OF SAN MARINO I STREET REHABILITATION PROGRAM PHASE I & PHASE 2 (TWO SEPARATE PROjECTS) Z&K Consultants, Inc. provided Construction Inspection Services for this program, which consisted of citywide roadway pavement rehabilitation. The program's improvements included construction of roadway and pavement rehabilitation, concrete improvements, cross gutters, curb and gutters, curb ramps, ADA improvements, cold-mllllng asphalt concrete pavement and re-paving with hot mix asphalt (HMA) and asphalt rubber hat miX (ARHM), clearing and grubbing, , IOCaliZed pavement repairs, replacing impacted traffiC

striping, markings, pavement legends, loop detectors, curb painting, driveways and driveway approaches, installing speed humps, adjusting utility frames and grates, inspection and replacement of sewer manholes, water valves, water meters, and storm drain manholes, preparation and implementation of SWPPP and temporary construction BMPs, and providing temporary traffic control. Z&K Staff alSO attended and coordinated meetings With the Cite and contractor, performed iSSueS management, monitored the COntraCtor's schedule, monitored project funding, performed labor compliance, reviewed contractor's requests for information (RFIs) and submittals, reviewed potential change orders, performed dispute resolution, managed public relations, coordinated materials testing services, and observed and monitored all aspects of the project to ensure compliance with project plans and specifications.

CITY OF NORWALKI CDBG LOCALSTREETS REHABILITATION PROJECT Z&K Consultants, Inc. is providing Construction Management and Inspedlon servicesfor the Local Streets Rehabilitation Project, funded by the Community Development Block Grant (CDBG) fund. The scope of work includes improvements to concrete appurtenances, including cross gutters, curb and gutters, upgrades of curb ramps to ADA standards, and intersection improvements, traffic signal imprOVements, bike lanes, underground utility coordination, conduit installation, and rehabilitation of roadway pavement conditions.

The Z&K Team provided engineering support, coordinated efforts between the City and the Contractor, reviewed and tracked RFIS, RFCs, and submittals, reviewed progress payment requests to the City, performed constructability review ofthe plans and specifications, reviewed the contractor's schedule for compliance with the contract documents, monitored overall project schedule and provided the City with updates of progress, provided public relations services, coordinated with public utilities, ensured compliance with the SWPPP and coordinated inspection of the work. Throughout the project, Z&K Inspectors provided daily field observation during constriction monitoring of the work, maintained accurate records of the project schedule and any accidents or claims related to construction, coordinated contractor requests for interpretation of the plans and specifications, conducted labor compliance interviews, reviewed and monitored all traffic control and public safety plans for compliance with all safety laws and regulations, enforced water quality best management practices and SWPPP compliance, and evaluated work in progress and gave weekly status reports to the City.

CITY OF TORRANCE l RESIDENTIAL & ARTERIAL PAVEMENT IMPROVEMENT PROJECT, 1-159/1-139 Z&K Consultants, Inc. is providing Construction Management and Construction Inspection services for this project, which consists of pavement improvements to a residential neighborhood and four arterial streets. Improvements include roadway and pavement rehabilitation, concrete improvements, cross gutters, curb and gutters, curb ramps, ADA improvements, clearing and grubbing, application of slurry seal, cold mill and AC overlay, removal and disposal of existlng pavement, localized pavement repairs, as well as tree removals and replacements, asphalt berm replacement, AC base course, PCC sidewalk, PCC driveways and driveway approaches, access and ramps, replacing pavement markings and striping on concrete and asphalt, and installation of raised pavement markers and City project signs. Other relevant features include mobilization, SWPPP and erosion control review, coordination with local utilities, adjustment of manhole and utility covers to grade, installation of specialty loop detectors and bicycle loop detectors, reconfiguration of new sewer piping, water valves, water meters, and storm drain manholes, traffic control, local utility coordination, geotechnical and materials testing coordination, hardscape, landscape, and irrigation. Throughout the project, Z&K team members coordinated and attended meetings, reviewed traffic control plans, performed issues management to ensure project delivery within budget and time specified, monitored contractor's schedule, monitored project funding through budget reports and cost estimate reviews, provided labor compliance, reviewed requests for information and submittals from the contractor, reviewed potential change orders, reviewed all contractor payment requests, prepared monthly reports, reviewed as-built drawings, and monitored contractor's safety program.

Z&K inspectors provided daily field observation during constriction monitoring of the work, maintained accurate records oF the project schedule and any accidents or claims related to construction, coordinated contractor requests for interpretation of the plans and specifications, conducted labor compliance interviews, reviewed and monitored all traffic control and public safety plans.

CITY OF TORRANCE I ANZA/VISTA MONTANA/PACIFIC COAST HIGHWAY INTERSECTION IMPROVEMENTS Z&KConsultants,lncprovided inspectionservicesfortheAnza/Vista Montana/PacificCoastHighwaylntersection lmprovementsProject.

This Project consists of construction of the Pacific Coast Highway/Anza Intersection Improvements with appurtenances as shown on City of Torrance Plans; curb, gutter, sidewalk, catch basins, curb ramps, raised medians, striping, traffic signal replacement; grind & overlay, and AC pavement; and all otherincidental work in this specification document.

CIT/ OF CHINO l ON-CALL SERVICES FOR VARIOUS STREET IMPROVEMENT PROJECTS z&K Consultants, Inc. is providing Construction Management, Construction Inspection, and Project Management Services for thiS long- term, on-call contract for the City of Chino. The Z&K team has served a wide range of projects, which includes the following:
* 16th, 17th, & 18th St. Between Tronkeel Ave. and Tangerine Ave. Street Widening Project Ramona Ave. and Walnut Ave. Street Rehabilitation and Traffic Signal Modifications Project * Ilth st. Pavement Reconstruction Alley and Intersection Accessibility Project * CDBG Alley Project and Alley/Sanitation Rehabilitation Project * FY20/21 Alley/Sanitation Rehabilitation Project
Z&K's responsibilities included providing contract administration for proper enforcement of the contract plans and specifications, reviewing BANDS and insurance tO ensure compliance, providing engineering support, coordinating EFFORTS between the City and the contractor, reviewing and tracking RFIs and RFCs, reviewing progress payment requests, providing coordination with other agencies, submitting permit and grant applications, coordinating schedules with designers, surveyors, and materials testing laboratories, ensured compliance with traffic control plans.

CITY OF COSTA MESA I CITYWIDE PARKWAY MAINTENANCE, STREET REHABILITATION, AND SLURRY SEAL PROJECT Z&K Consultants, Inc. is providing Construction Management, Project Management, and Construction Inspection ServiCeS far thiS citywide streetimprovement program in the City of Costa Mesa. This project includes street improvements, intersection improvements, ADA ramp improvements, conduit installation, traffic signal improvements, moblllzation, curb and gutters, sidewalks, driveway approaches, spandrels, cross gutters, adjustment of manholes and utility covers to grade, procurement and application of slurry seal Type II, crack sealing, traffic signing, striping and markings, installation of traffic markers and speed humps, and implementation of traffic control.

SCOPE OF WORK AND PROJECT APPROACH

QUALITY/CONTROL (Q/C) AND QUALITY/ASSURANCE (Q/A) PROCEDURES Z&K takes a proactive approach to Quality/Control (Q/C) and Quality/Assurance (Q/A).

We believe that no project is too small for quality and that everyone is responsible for quality. It is our goal to deliver a well-constructed project that will meet the City's expectations of quality and functionality. The CM team proposed on this project have over 25 years of experience in construction management, construction inspection, and project management. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed project management procedures that promote collaboration and teamwork, improve quality, and maximize the value of the City's project.
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Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality/Assurance is the application of systematic methods to verify the effective implementation of Quality/Control procedures. Z&K will manage the quality of the project by taking the Quality/Assurance lead role and implementing the Z&K Quality/Assurance program, which allocates Quality/Control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures and documentation procedures for all inspection and test reports. Z&K will review the contractor's Quality/Control procedures. An ongoing deficiencies/corrective items list will be maintained, reviewed, and updated weekly. Z&K regularly preforms internal audits of its field operations to ensure the proper implementation of procedures for Z&K's Quality/Assurance program.

The Z&K Staff has all necessary training and certifications to perform the required duties for the Project. Our Resident Engineer and Project Manager are licensed Professional Engineers and are QSD/P certified. Our Senior Inspector is a Certified Building Official, is ICC Certified, and has extensive experience in parks Inspection.

Z&K will adjust staff hours and utilize the proper resources as needed for the success of this Project.

Quality/Control starts with ourinspectors in the field doing their job diligently and being properly equipped to perform their duties. It is our Resident Engineer's responsibility to make sure that our inspectors have the complete and proper submittals, test equipment, conformed plans and specs, and standards they may need to properly oversee the project. We provide our personnel with the proper equipment, materials, and supplies to carry out their duties on the Project. With the right tools, our inspectors are on site to observe construction operations and materials and compare them with the project plans and specifications.

Quality/Control continues with our Resident Engineer through regular reviews of the inspector's dailies. Dailies are reviewed for completeness and detail. Our inspectors are expected to record items such as quality of materials used or installed, any production testing that may have been performed, type of equipment and how it was used on the job, visitors to the jobsite, and any irregularities they may have noted that day. It is also our Resident Engineer's responsibility to review any material testing or special inspection that may have been done and makes sure that any failing tests are dealt with immediately.

Quality/Assurance includes quality of the constructed work as well as the quality of the Contractor's document processes (such as the Contractor's submittals and RFIs). In Z&K's experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal Quality/Control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, tax procedures for the processing of RFIs may lead to misunderstandings and delays. The Z&K CM will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained.

Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K's Quality/Assurance program.

PROJECT APPROACH Q/9QCTABtE
Described below are the activities involved in delivering the tasks in the general order they will occur. The tasks identified in the scope of work require varying staff commitments. The staffing of the Senior Construction Manager (CM), Senior Construction Inspector (SCI) and Project Manager/Office Engineer/Labor Compliance (OE) will be needed. The staffing plan is presented with the ability to reallocate manto .irs as ne=ded to fit the Project needs.
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II-11 N g 11€ @ I a-till I'N all @ i ff ' p;Hq'''-i4aq "-' " -" wr'a'ar"r"i'i'iiwtmiiiit"l"I'$'A"l'7Mlnn IftYJ tl!* ii (;':;;!7S%?iJ ?*;uJ-T t'i ii:T -- - -- - -"'j;, , ' ,- "'i" ::'J5a'l'= . , . "" , " :at'?a'A'a' -"- '.1""ai Review Thorough review of the construction documents and constructability review CM/SCI Procedure Prepare the Construction Management Procedures Manual CM/SCI /OE Records Establish project filing and other record keeping systems CM/SCI /OE Pre-Construction Meeting Conduct pre-construction meeting with Project stakeholders CM/SCI /OE Progress Baseline Schedule Conduct project schedule workshop for development of baseline schedule CM/SCI /OE Document Standards Prepare project correspondence and other forms of communication OE Pre-Construction Video and
Photos
Review Contractor's documentation and confirm existing conditions CM/SCI ;'.4,J!)K'lJ!..glg_%%!!,q!?QJj.:j,,}cj}i J '! !eaaS ; _'laaF'i cl- l ' ";W" sisW.*ara__at ai"'s-l_aa.>-.ti--iaa_ _- -"-' 5! " _ , +l- -- ( - .- s 'i - el iii I I , __ _ o _ Document/T racking Control Manage the receipt, fogging, control, tracking, and timely processing of documents OE Records Maintain records ofinspections, reports, and test results OE Progress and Other Photos Maintain a digital library of significant critical construction scheduled activities CM/SCI /OE Weekly and Monthly
Construction Meetings
Schedule and conduct meetings with Contractor and City CM/SCI /OE Other Meetings Attend other construction-related meetings as requested by the City CM/SCI /OE Submittal Reviews Review and coordinate each submittal received from the Contractor CM/SCI Submittal Log and Status of
Submittals
Log, track, and monitor documents from the Contractor OE Request for Information
(RFI) Coordinate the RFI log, review and respond to Contractor's RFI, record changes CM/SCI /OE Requests for Changes in
Design
Review and respond to requests for design revisions by Contractor CM/SCI Field Orders Initiate and review field orders and schedule requirements CM/SCI Substitution Requests Coordinate evaluation of "or-equal" or product substitution requests CM/SCI Record Drawings and Specs Update continually the plans and specification as the work progresses CM/SCI Management
Oversee, perform, and coordinate construction management services. Perform inspections CM/SCI
Resolution of Issues Lead resolution of day-to-day construction issues raised CM/SCI Labor Compliance Provide labor compliance monitoring services OE Monthly Review Conduct monthly schedule and progress payment meetings with the Contractor CM//SCI OE Progress Payments Prepare detailed monthly progress reports to the satisfaction of the City CM/SCI /OE Identify and Track Changes Identify and track potential changes to the work and schedule CM/SCI /OE Request for Quote (RFQ) Request cost proposals from the Contractor for extra work and negotiate final cost CM/SCI Justification of Extra Work Prepare written justification and cost estimates for each extra work or change item CM/SCI Prepare Change Orders Prepare and submit change orders for written approval CM/SCI /OE Identify and Track Claims Identify, prepare, log, and monitor Contractor potential claims CM/SCI /OE Resolution Alternative Prepare written explanation of each claim, including resolution recommendation CM/SCI Negotiate and Resolve
Claims
Assist and support the City in resolving claims. Negotiate claims to an agreed conclusion CM/SCI
Private Party C!aims Investigate claims for damages by private parties and respond in writing CM/SCI Material Testing Materials testing services will be provided by our subconsultant, Converse Consultants CM/SCI q'v'xmwm-smss ' . _ " -ma;ia-a;xa-ixsy*h+ai . 2-"ym%nW-#'+.'iA#7 E4'J'-a'lNKa-!jKlU Kd- (€iNtN-).'!)l iiga=a!'i '.' aa ; , ';ar- ",',___c _,:_'_a_,,"fS, ,,_, ', _, j.:.':l.L-w--.I'}."'ay:i'Aa'7_.._,,,_,:_,,,_%,'-=fa '-adi"" ' _""'il.,': ,'7:._:,7,a"','5o""" Punch List Prepare detailed project punch lists at substantial completion of the F'roject CM/SCI Final Walk-Through Schedule, coordinate, and conduct a final walk-through and project review CM/SCI Recommend Acceptance Recommend acceptance of the work for issuance of Notice of Completion CM/SCI O&M Manuals Deliver the Operations and Maintenance Manuals CM/SCI Record Drawings Cert. Review and certify that the Contractor's project record drawings are complete CM/SCI Final Payment Recommend final payment in the form of release of retention to the Contractor CM/SCI As-builts Provide Contractor's red-lines to the city for as-builts CM/SCI Closing Out Contract Take the lead in negotiating and closing out the construction contract CM/SCI Final Project Records These records must be turned over to the City upon Project completion CM/SCI /OE

RISK MANAGEMENT LOG
Based on a site visit and comprehensive review of the documents, Z&K has identified the following 1-li(41i
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Iligh
Safety &
Traffic Control Public In
converuence
Public/Agency
Outreach &
Weekly
Newsletter
Maintaining
Transition
During Dig
Outs
Agency &
Utility
Coordination
Safety &
Community
Outreach
Safety
Schedule &
Budget
Schedule &
Change Orders Budget
pro4ect IS extensive impacts On ' Due tO
traffic issues, conventional traffic control methods alon@ with a combination of constant flagmen should be implemented. WATCH may be adequate for most situations; however, some locations may require additional resources. Our team will review the traffic control plans to ensure they comply with the WATCH manual and MUTCD requirements. We will also review it for minimum lane widths and as well as continuous and safe access for pedestrians. We will ensure temporary pavement markings are implemented. Our team will work closely with the Contractor to advanced notice to first and essential services.

Dueto ' sproximityto " community priorto start
of construction that will inform both the residents in the vicinity of the project and commercial properties in the vicinity of the project the proposed start dates and completion dates of the project. zlo"'ca"lwr4pidreonvts"eacnodnbcuesrinee"sevime psaecNtecdebkoy 'choansCtOrmuctmiounn'actainvdity'eiss'dcreu"c'isal.oTnhgisounffl"ionnc'luadc'eannodtiCfoic"atmiounnp"raiok'rotnoWtE'he commencement of construction and throughout the entire process. Outreach will not be limited to minimum City requirements but will be a daily ongoing pursuit. Z&K provides the City with a Weekly Newsletter including construction activities performed the week prior, construction activities scheduled forthe week after, and important and
On preViOuS prOieCt OutS Were ' Or COnCretel transition WaS net maintained until the paving back operation was performed. This created a safety concern for vehicular traffic. It was difficult to have the contractor respond after hours and maintain the transition since there was no language in the specifications. We recommend addin@ language to the specifications to require that all transitions are maintained during dig out operations to the satisfaction of the inspector. We can provide sample language to the that has been successful on our seal Serv'ice , are pr,,OnOWe ensure Contractor the start of construction. We will track existing utilities marked by Underground Service Alert to ensure that mark outs are recorded and documented. After mark outs, contractor will be required to pothole. Additionally, contractor shall notify all utility agencies to performing any work. If the contractor hits a utility, they will not be able to claim that the is liable for the cost of
Z&K will closely monitor the work and proactively manage the change order process. We will identify potential change orders early and proactively develop solutions.

HiBli I ligh Material
Vendors due to Schedule Contractor will submit multiple sources/vendors of construction materials including multiple sources for asphalt,base material, concrete, and any other potential long lead items that may be effected by shortages. lllBh
High
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Requirements
for Response
After Hours or
on Non-
Working Days
Emergency
24/7 Protocol
5afety
Safety
previousproject,issues arise i oron require
immediately respond and perform traffic control measure and/or street sweeping. Contacting and getting a response from the contractor after hours varied and was difficult for our team to enforce. We highly recommend adding language to the specifications outlining that the contractor shall respond to communication from Z&K and City staff immediately (including a maximum time allowed) and be available to respond immediately to after hour and non-working day requests (including a maximum time allowed) We recommend that the maximum time allowed to respond to communication be 10 minutes and to respond in the field be 1 hour. This is due to the type of time sensitive issues that arose during the previous project to have the contractor respond to resident concerns. We also recommend adding that if these times are not met, the city will contract with an team to be later back to the contractor.

Z&K has a strict protocol and chain of command for any emergency situations and Incidents. Z&K will hold a safety workshop with the Contractor to ensure that all emergency situations are handled in an expedient manner and per City protocol. Contractor will prepare an emergency protocol document and provide it to the city prior to work commencing which will cover damage to utilities (water breaks, gas line breaks, cable/electrical line breaks, etc) and damages to any public property which will indude current emergency telephone numbers for all agencies with a contact person. Contractor shall immediately contact Z&K of any property damage or damage to any utilities.

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LESSONS LEARNED & CONSTRUCTABILITY REVIEW COMMENTS
Z&Kis proposingthe same team that successfully delivered numerous other street resurfacing projects. OurTeam has unique knowledgeworking with Cities and their community. Through this experience, we have identified items that were successful in previous projectsor could be improved for the success of the City of South Gate's Project.

Construction Site Walk/Change Orders I To assist in controlling cost, Z&K will conduct a pre-construction site walk with City staffmembers to identify areas that could potentially result in unanticipated costs. This includes extra quantities or asphalt or concrete suchasdamagedcurbs,guttersorsidewalksnotlistedontheapprovedplans. Duringconstruction,Z&KwillconductsitevisitswithCitystaff, as needed, to minimize change orders and cost increases.

Community Outreach l Z&K will have continuous efforts to keep the communityinformed of scheduled construction activities. It is imperative that our community outreach does not only include property owners, business owners and residents, but also elected officials, management from the City, and all affected agencies. Z&K will provide updates to affected areas concerning traffic controls, anticipated completion dates, lane closures and access to private property during construction. We understand that an effective public relations effort and program to keep the public informed at all times and responding to public inquiries, comments, and complaints effectively is an important task for the City.

Weekend Work/Overtime Requested by Contractor I All overtime shall be approved bythe City prior to the commencement of work and all associated costs for inspection/construction management shall be at the expense of the contractor. This itemshall be included as a discussion item in the pre-construction conference. Due to unforeseen issues when scheduling manpower and materials, it may be necessary for the contractor to work evenings or weekends.This provision is important to minimize any additional costs to the City for the benefit of the contractor.

Previously Completed Work l During previous projects, Z&K identified work that was previously completed. Prior to construction, Z&Kwill complete a pre-construction review of all streets to inventory any work listed in the current scope of work that has been recently completed under a different contract. Quantities and measurements will be provided to the City and agreed upon by the contractor, This will provide the City with a timely credit that could be used for any unforeseen change orders to control potential cost increases tothe overall contract.

AgencyCoordination I During previous projects, several situations developed that required Z&Kto reach out to both local and Federal agencies to coordinate activities and address agency concerns. Prior to the start of construction, Z&K will have City/County areas of responsibility clearly marked and will coordinate construction activities with the contractor. We will notify the Postmaster of scheduled activities that may impact the delivery service of the USPS.

DelaysDueto0therProjectslZ&KwillworkcloselywiththeCitytoensurethatotherscheduled projects do notinterfere with our project. We will also work closely with local agencies to ensure project schedule overlap and conflicts do not occur. Z&K will also work with staff to coordinate street construction activities so that they do not conflict with any needed emergency utility Or road work. If the need arises, Z&K will work closely with the contractor to adjust the schedule and accommodate any unanticipated work which might impact the overall schedule.

Street Striping l During a previous project, a vehicle drove over the freshly painted street striping and pursued a claim against theContractor. It is recommended for the specifications to require cones to be utilized during all street striping. Flagmen should also be required for streets with a higher vehicle count. The Z&K inspector should be able to require the street striping company to provideadditional flagmen when the inspector deems it necessary. It is recommended that this be at no additional cost to the City. oamagetoprivatepropertyloamagetoprivatepropenyansvehictesoccasionanyoccurssuringconstructionactivities. Thecontractorand subcontractors all have adequate insurance and an established procedure to handle these claims. Community outreach shall includea procedure to notify Z&K immediately if any damage occurs. This is so we can properly memorialize the damage and conduct an interview to ascertain the facts. Z&K will have a procedure for the community to file claims prior to the start of construction. This willinclude the contact information, phone numbers, and emails for the contractor's risk management person.

Schedule of Values I We recommend adding to the specifications payment section forlump sum items: "Payment will be made in LumpSum per approved Schedule of Values." Mills Certification I The Contractor shall provide mills certification for all steel products delivered to the jobsite. Rebar mill certificationshall be provided prior to installation.

Fire Department & Police Department Coordination I The Team shall coordinate with the Fire Department and the Police Departmentfor the installation of a Knox Box location for access to locked gates for after-hours emergencies. The locations should be at both vehicleaccess points, pedestrian access gates as well as the new community building.

Utility Coordination I It is critical to ensure that all coordination with utilities that may conflict with the new improvements is completedprior to starting construction. Ifthis is not possible, the contractor must demonstrate that all utility relocation is coordinated and incorporated into the base line schedule. The contractor must verify all existing utilities are per plans. The contractor must startpotholing as the first construction activity.

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SCOPE OF WORK
Our Team's relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K proactively serves as the project's administrator and provides consistent coordination between all project stakeholders including the City, Design Engineer, and selected construction contractor and subcontractors.

Z&K has thoroughly reviewed the Request for Proposal (RFP); we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services to ensure the success of the City of South Gate's Project. Z&K acknowledges our ability to meet potential project requirements listed under the scope of services. The Z&K Team, at a minimum, will perform the following:

TASK 1: PROJECT COORDINA'nON
Z&K's proposed Resident Engineer, Zack Faqih, PE, is a licensed Civil Engineer in the State of California and has over 32 years of experience in construction management, project management, construction inspection, and contract administration. Mr. Faqih has successfully delivered over 20 park improvement projects, and has experience in park renovation, irrigation systems, landscaping, playground equipment, synthetic turf installation, lighting, grading, erosion control, storm water chambers, storm drain construction, ADA compliance ramps, structural and masonry walls, stud wall construction, slab on grade foundation, and different types of concrete construction and general commercial building construction. Mr. Faqih will serve as the City's representative in charge of project communication and coordination with Z&K, City staff, the design engineer, and the contractor throughout the project.

1. MANAGEMENT
The Z&K team has the knowledge, skill, and experience to ensure that all project services required for this contract are coordinated and delivered in accordance with the plans and specifications. Z&K has carefully selected this "A-Team" o€ and committed our most qualified staff for the duration of the contract to deliver a successful project. The assigned Z&K Inspector and Resident Engineer are committed to provide their services at all times required by the contract. Our proposed personnel have successfully provided construction management and inspection for a variety of projects. The Z&K Inspectors are on site daily to observe construction operations and materials and compare them with the project plans and specifications.

Z&K will schedule, coordinate, and conduct a pre-construction conference with the City, affected agencies, and the Contractor, as well as the design engineer, utilities and other agencies. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre-construction conference, we will discuss special contract and/or concerns, and establish the protocol to be used throughout the project. The meeting will highlight the contractor's responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees. Z&K will establish coordination and a line of communication to be used among participants throughout the project. Z&K will document all necessary communications throughout the project and will ensure that all questions and inquiries are fulfilled in a timely manner. The emphasis on project communication continues throughout the project with the weekly construction meetings.

Each week, our Project Manager/Office Engineer will create a "Weekly Statement of Calendar/Working Days," in addition to other reports, to be submitted to the contractor and filed in our documents until the end of the project. Z&K's CM will be responsible for monitoring the maintenance of the Project Record Drawings and the final preparation of the as-built drawings upon project completion.

Z&K will monitor any changes and create redlines on as-built drawings and coordinate the as-built plans with the City and Design Engineer. We will manage the Design Engineer's performance on the as-built drawings and check the project record drawings prior to transferring to the City. Z&K Consultants will prepare a final report detailing the work completed, costs, changes, warranties, and documentation provided to the City.

Z&K works proactively to eliminate or reduce project impacts from extra work reports and change orders. Z&K will provide first-line management of CCO administration including review and evaluation of CCO requests before signing them. Z&K will provide project mitigation such as possible alternatives and negotiation as the City's advocate. We will ensure we receive written approval from the City's Project Manager prior to approval of any extra work. Z&K will perform an investigation and inspection of site conditions that differ from those described in the contract documents and provide recommendations to the project Owner on acceptance. We will perform an impact mitigation, review submittals, and present recommendations for resolution of claims, disputes, and verification of costs The CM will perform on-going review throughout the project to anticipate any problems and avoid any potential claims. If claims arise, the CM will work with the City and Contractor to find the best solution to resolve any claims in a timely manner. We will work closely under the direction of the City with the contractor to verify that change orders are processed and executed promptly by the contract documents and City's procedures. The Resident Engineer will perform a review and recommendation for any changes.

Z&K will assist the City in forming and maintaining good relations with the local business community regarding temporary construction impacts by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team distribute verbal and written notices to local businesses before any temporary construction impacts take place.

Z&K will manage and track public inquiries for the Contractor and for the City and will advise of any concerns and findings. This will include the preparation and distribution ofinformation materials for the affected public, including fact sheets and project updates.

The Z&K Inspectors understand the importance of compliance with the Storm Water Pollution Prevention Plan (SWPPP). Our team includes QSD/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements.

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Our team is very knowledgeable in the development, implementation, and reporting requirements of a SWPPP. The Contractor will be required to file a Notice of Intent (NOI) with the SWRCB and to develop a SWPPP. We will monitor the contractor for compliance and confirm that required sampling takes place during rain events and required reports are filed into SMARTS. We will review the contractor's compliance with regulatory permits, mitigation measures, storm water regulations, and the SWPPP. We will be available to assist with the document review, uploading to the SMARTS system, obtaining a WDID number, and the implementation of the plan.

2. MEETINGS
Z&K will schedule, coordinate, and conduct a pre-construction conference with the City, affected agencies, and the Contractor, as well as the design engineer, utilities and other agencies. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre-construction conference, we will discuss concerns, and establish the protocol to be used throughout the project. The meeting will highlight the contractor's responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees.

At the pre-construction conference, Z&K will establish coordination and a line of communication to be used among participants throughout the project. Our Resident Engineer, Zack Faqih, PE will serve as the City of South Gate's representative in charge of project communication and coordination with Z&K, City staff, the design engineer, and the contractorthroughout the construction phase. Z&K will document all necessary communications throughout the project and will ensure that all inquiries are fulfilled in a timely manner.

The emphasis on project communication continues throughout the project with the weekly construction meetings.

Z&K will schedule, coordinate, and conduct weekly construction meetings with City representatives, contractors, and other agencies related to the project. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, chance orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved iSSues will be carried over to the next week's meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes to all attendees. Z&K will host a special meeting focused on the schedule of material procurements to ensure long lead times and no avoid delaying the project's completion.

3. SCHEDULE AND BUDGET
The Z&K Team will maintain a master project schedule to include all completed and scheduled construction work. Z&K will regularly update this schedule to reflect construction progress and provide updates on anticipated closure, detours, etc. The Team will also provide updates to the City on any other pertinent project information affecting the construction schedule. This update will show current conditions and revisions required by actual progress. The monthly progress billing will be tied to the construction schedule. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Z&K will approve the monthly construction schedule, including activity sequences and durations, schedule of submittals, and schedule of delivery for products with long lead-time.

Z&K works proactively to eliminate or reduce project impacts from change orders. Z&K will provide first-line management of contract change order request administration including review and evaluation of contract change order request requests; independent estimates; project mitigation such as possible alternatives and negotiation as the City's advocate; written approval from the City's Construction Manager prior to approval of any extra work; investigation and inspection of site conditions that differ from those described in the contract documents; schedule impact and analysis and verification; recommendations to the project Owner on acceptance; impact mitigation; review of submittals in support, and recommendation for resolution, of claims and disputes; and verification of costs.

Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K will track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor and Z&K will proactively manage the change order process. The monthly progress billing will be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values.

This process ensures the Owner is accurately billed for the completed work on a monthly basis.

Z&K staff bring a detailed understanding of the City processes for administering Contractor progress payments per the City's standards & procedures. We will work closely under the direction of the City and with the contractor to verify that the contractor's payments are processed, provide recommendations, and ensure they are executed promptly by the contract documents and City's procedures. Z&K will reconcile the work done with the pay requests. Z&K will work with the Contractor on required corrections to the pay requests and ensure that they are in the format and forms required by the City.

4. MISCELLANEOUS
As part of its Quality Assurance program, Z&K will coordinate and ensure prompt processing and an efficient turnaround time for contractor requests for interpretation (RFIs) of the plans and/or specifications to ensure that the project is kept on schedule. Quality assurance includes quality of the constructed work as well as the quality of the Contractor's document processes (such as RFIs, RFCs, shop drawing submittals, contract schedule adjustments, change orders, payment requests, etc.).

The Z&K CM will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K's quality assurance program. Z&K will log, track, manage the distribution, and ensure timely review of all RFIs. The log will identify each submittal and resubmittal, the date received, when the submittal,is returned to the contractor, the action required, and other pertinent information.

Quality assurance includes quality of the constructed work as well as the quality of the Contractor's document processes (such as RFIs, RFCs, shop drawing submittals, contract schedule adjustments, change orders, payment requests, etc.). Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K"s quality assurance program. Z&K will log, track, manage the distribution, and ensure timely review of all RFIs. The log will identify each submittal and resubmittal, the date received, when the submittal, is returned to the contractor, the action required, and other pertinent information.

Cli.ir staff has extensive document management and filing experience. Our team knows that a ccmplete record of the project must include a full set of all correspondence to and from the contractor, as well as all other contract documents related to the construction of the project, will be documented and transmitted to the City. Z&K will coordinate preparation of the as-built plans with the Design Engineer. The drawings will include CADD files and printed mylars. We will manage the Design Engineer's performance on the as-built drawings and check the record drawings prior to transferring to the City. Z&K will create redlines on as-built drawings and coordinate the as-built plans with the Design Engineer. We will manage the Design Engineer's performance on the as-built drawings and check the record drawings prior to transferring to the City. Z&K Consultants will prepare a final report detailing the work completed, costs, changes, warr.inties, and documentation provided to the City.

Z&K Consultants take extreme pride for being a very safety conscious organization implementing a safe environment both in our offices and on our project sites. We monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. We also ensure the trades, and the Contractor are always safety conscious in everything they do in the Project.

Z&K will review the Contractor's compliance with workplace safety and health standards and notify the City of non-compliance. The Z&K Team is knowledgeable with the Caltrans Safety Manual and the Cal/OSHA Construction Safety Orders. The Inspectors will attend the Contractor's Safety Meetings and promote safety throughout the life of our contract. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all safety laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City.

TASK 2: CONSTRUCTION OBSERVATION/ INSPECTION
Z&K tnspectors have experience providing inspection services for numerous capital improvement projects, park renovation, irrigation systems, landscaping, playground equipment, synthetic turFinstallation, lighting, grading, erosion control, storm water chambers, storm drain construction, ADA compliance ramps, structural and masonry walls, stud wall construction, slab on grade foundation, and different types of concrete construction and general commercial building construction, and are well aware of how important project quality control is to the overall success of a project. Throughout the project, the inspectors will review contract documents, plans, and permits.

Inspectors will monitor and enforce construction noticing requirements. The Z&K Inspectors will use their expertise to provide field conflict resolutions. The Inspectors" primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. In addition to the construction activities, the project team must also review and enforce the requirements stipulated in the permits issued by regulatory and environmental agencies. Our team has extensive experience with working with the State Department of Fish and Wildlife, Department of Water Resources, and other state and federal agencies that may have input. z&K Inspectors have the knowledge, skill, and experience to inspect all the anticipated construction operations that this contract may require. Inspectors will verify that all workin place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. Z&K will verify that all work conforms with the requirements and identify any issues of non-compliance with the applicable codes. Inspectors will meet with the project design team and City staff to work out any iSSues and resolve them quickly and efficiently. Z&K proposed staff will complete daily reports, including equipment, crews/personnel, and photos (before, during and after construction). The Resident Engineer will review the inspectors' daily reports and provide copies to the City upon project completion.

Z&K will assist the City in forming and maintaining good relations with residents and businesses in surrounding neighborhood by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team will establish and manage a construction 24-hour hotline (toll free number), website, and email address for project stakeholders, property owners, interested parties, and the general put'lic to call with construction issues and concerns. All calls and public complaints will be documented and investigated, and a monthly report will be provided to the City. Z&K will manage and track public inquiries for the Contractor and for the City and will advise of any concerns and findings. Additionally, Z&K will develop a neighborhood affairs strategy for any property owners, businesses, and the general public that will be affected. This will include the preparation and distribution of information materials for the affected public, including fact sheets and project updates.

The Z&K proposed staff will complete and maintain field file bound workbooks including daily, weekly, and monthly reports fogging any working day reports, change order documentation, equipment on site, crews/personnel, and photographs (before, during and after construction). A monthly Resident Engineer progress report wiil include an overview of work accomplished durin@ the previous month, an overview of work to be accomplished the following month, an updated schedule (based on the Contractor's schedule of values), a list of problem areas, if any, and proposed corrective actions, and a bar graph comparing the monthly and cumulative invoiced amounts with the total authorized CM budget. These reports will be submitted via email and/or hardcopy.

Z&K will schedule, coordinate, and conduct weekly construction meetings with City representatives, contractors, and other agencies related to the project. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non- conformance notices, contract issues, procedures, environmental monitoring, change orders (COsl look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues will be carried over to the next week's meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes to all attendees.

Z&K Inspectors will enforce all of the City's National Pollutant Discharge Elimination System permits, as well as all water quality best management practices and SWPPP throughout all phases of the project. Z&K understand the importance of managing the Storm Water Pollution Prevention Plan (SWPPP). Our team includes QSD/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements. Our team is very knowledgeable in the development, implementation, and reporting requirements of a SWPPP. The Contractor will be required to file a Notice oflntent (NOI) with the SWRCB and to develop a SWPPP, We will monitor the contractor for compliance and confirm that required sampling takes place during rain events and required reports are filed into SMARTS. We will review the contractor's compliance with regulatory permits, mitigation measures, storm water regulations, and the SWPPP. Z&K will notify the Contractor immediately if control measures are not installed correctly and will oversee a prompt correction. We will be available to assist with the document review, uploading the document to the SMARTS system, obtaining a WDID number, and the implementation of the plan.

Z&K Inspectors will monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. Z&K will review the Contractor's compliance with workplace safety and health standards and notify the City of non- compliance. The Z&K Team is knowledgeable with the Caltrans Safety Manual and the Cal/OSHA Construction Safety Orders. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all safety laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City. All Z&K staff will observe construction safety, public safety, and convenience.

The Team will develop and maintain construction punch lists and coordinate the completion and correction of the punch list items with the Contractor. Z&K will prepare the final punch list when the Contractor has certified that the work is substantially complete.

Z?,K inspectors will coordinate and closely monitor all geotechnical and material testing, compaction testing, and any specialty inspection required throughout the project. Z&K will ensure that proof of all specialty certifications and iicenses are on file and that they are all valid and unexpired. Z&K will periodically review all specialty certifications and licenses to ensure that they remain valid throughout the duration of the project. Z&K Inspectors will work to ensure all required testing and specialty inspection is performed with the required frequencies and documented properly. Sampling and testing activities will be conducted in accordance with the contract documents and approved procedures. The Inspector will work with the Contractor to correct any failed tests and achieve compliance. Our team has the ability to effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in ,,ncordance with the contract documents.
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The Z&K team is considered a leader in permit compliance and will regularly verify that all permits needed to construct the project are in order and enforced throughout the project. Compliance is a key issue on all construction projects, and all Z&K employees are trained internally, particularly in the areas associated with new permit regulations. Additionally, many Z&K employees hold QSD/QSP certificates. Z&K will review the contractor's compliance with permit requirements, including all building permits, special permits, permits with agencies and utilities, encroachment permits, and NPDES permit. The team will ensure that all applicable fees have been paid and all approvals for jurisdictions over the Project have been obtained.

Z&K inspectors will provide photograph and video of pre-work and post-work conditions, in addition to daily as part of their daily reporting during construction. At the end of the project, Z&K will provide one complete set of construction digital photographs of all scope of work and critical items throughout the duration of the project. This set will include all photos and video footage from pre- construction, during construction and post-construction. Z&K will keep a constant line of communication open with the City and will report to the City's project manager daily via email and or text message.

TASK 3: TRAFFIC ENGINEER
We are providing an experienced part-time Traffic Engineer for the project. The Traffic Engineer will review and approve traffic control and construction phasing plans; traffic investigations in response to public and local business concerns; temporary traffic control management for construction; responsible for the safe and efficient movement of vehicles and pedestrians on City streets during construction; ensure that the City streets, sidewalk, parking lots, street parking, traffic control signs, and pavement markings are maintained to provide safe and accessible public passage in the City; approve final cat-tracking, striping and signage; and minimize traffic related impacts to business access, driveways, and intersections.

Z&K understands that traffic control is a critical item for the community. Due to traffic issues, conventional traffic control methods along with a combination of constant flagmen should be implemented. WATCH may be adequate for most situations; however, some locations may require additional resources. Our team will review the traffic control plans to ensure they comply with the WATCH manual and MUTCD requirements. We will also review it for minimum lane widths and as well as continuous and safe access for pedestrians. We will ensure temporary pavement markings are implemented. Our team will work closely with the Contractor to provide advanced notice to first responders and essential services.

TASK 4: MONUMENT RESTORATION/SURVEYING
The Surveyor will obtain and record all survey work (contractor and construction management consultant) in notebooks and other documents as needed. At the conclusion of the work, we will provide the City with an electronic copy of all survey documentation. We will provide construction staking, establish adequate control points on the work site, spot checking of the contractor's surveys and all other surveying services for quality assurance. The Z&K Team will provide construction surveying services per the latest Caltrans "Survey Manual" and its revisions. The team has extensive experience in Caltrans projects and will ensure that the minimum standard of survey quality shall be that of similar surveys performed by Caltrans. The Surveyor will obtain and record all survey work in notebooks and other documents as needed. The Z&K Team will provide ongoing coordination with the Contractor and utilities to avoid any potential delays or additional costs to the project. Any conflicts with utilities will be reported to the utility company and Z&K will work to coordinate the relocation or removal of the utility. The resolution will be reported to the City. Z&K will facilitate cooperation with the City, public utilities, adjacent businesses, residences, and the general public. Z&K will document all necessary communications.

TASK 5: MATERIALTESTING
Z&K will be responsible for coordinating and supervising the geotechnical and materials testing program to ensure all required testing is performed with the required frequencies and documented properly. Sampling and testing activities will be conducted in accordance with the contract documents and approved procedures. The Inspector will work with the Contractor to correct any failed tests and achieve compliance. Ourteam has the abilityto effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in accordance With the contract documents. Our Team will be responsible for supervising and coordinating the materials testing program to ensure all required testing is performed with the required frequencies and documented.

TASK 6: SURVEYING/GEOTECHNICAL
Our proposed staff has extensive documentation and filing experience. We will perform and review soil compaction testing, asphalt testing, and concrete slump and strength testing, and/or coordinate special testing, inspection work, and surveying work, as required.

Our Inspectors know that a complete record of the project must include a full set of all contract drawings, addenda, specifications, change orders, logs, submittals, and RFI's. Filing will include correspondence with all stake holders and permit agencies, reports (daily, weekly, monthly) showing all day-to-day operations, the contractor's workforce, and equipment. In addition to the materials on hand, materials testing reports and sampling, copies of all permits, SWPPP plan, all reports, updates, and all other contract documents related to the construction of the project will be documented. Our internal QA/QC process is simple and does not require additional time demands of the City. Routinely, our Construction Manager or Inspectors will conduct independent reviews of the project records for their adherence to the required policies and procedures. Z&K will coordinate preparation of the as-built plans with the Design Engineer.

TASK 7: UTII1Y AND OUTSIDE AGENCY COORDINATION
The Z&K Team will provide ongoing coordination with public utilities to resolve any construction questions or conflicts, and to avoid any potential delays or additional costs to the project. Z&K will sent notification of the pre-construction meeting and all other progress meetings to all affected utility companies and public agencies, including the Police Department, Los Angeles County Fire Department, Waste Management, SCE, and others. Any conflicts with utilities will be reported to the utility company and Z&K will work to coordinate the relocation or removal of the utility. The resolution will be reported to the City. Our team will ensure that the Contractor is aware of all existing underground utilities by ensuring that Dig Alert tickets are current and up to date prior to excavation. We will keep track of hazardous and non-hazardous and conflicting utilities during our regular progress meetings. Additionally, we will communicate with utilities early since various of utilities may need to be adjusted by the Owner and require utility coordination.

TASK 8: PROJECT CLOSEOUT
Our Resident Engineer will take a proactive approach at processing close-out documentation by preparing a final punch list of items, which typically include guarantees/warranties, subcontractor iens, retention, and final acceptance/certificates of completion, orderlytransfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings. Z&K will verify the completion of the final punch list when the contractor has certified and demonstrated the work is substantially complete. Upon completion of the project and all items on the final punch-list (including all warranties, guarantees, and operation and maintenance manuals, in addition to subcontractor liens, retention, and final acceptance/certificates of completion), Z&K will provide the City with both hard and electronic copies of project documentation. Z&K will conduct a final inspection and walk-through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant.

Z&K will also issue the City a report stating that the installation of all improvements required by the project have been completed in accordance with the plans and specifications. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion should be filed. Z&K will also provide the City with data needed for acceptance of the project, such as release of retention, certification of release of all liens and stop notices, certification of delivery of record drawings.

Z&K will conduct a final inspection and walk-through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant, and applicable agencies. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer.

Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will prepare the final punch list when the contractor has certified and demonstrated the work is substantially complete. Our Resident Engineer will take a proactive approach at processing close-out documentation including completion of final punch list items, guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings.

DISCUSSION OF DOCUMENT CONTROL
Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe construction of a quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Resident Engineer must ensure all parties understand the basic responsibilities and interrelationships of all team member such as the Owner (both project management and operations), the Design Engineer, the Contractor, the construction management team, and the subconsultants. Additionally, a good CM must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality.

Decision making, including obtaining sufficient information to make reasoned decisions, is the key element leading to a successful project. One of the key planning tools used in contract administration is the Project Procedures Manual, which details the specific processes to implement the various management components to meet the objectives of the project plan. Z&K will prepare a project-specific Project Procedures Manual to detail the specific processes to successfully manage the project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project.

Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be disseminated to all parties on a timely basis. The SOurCe ofthis information will COVer the full spectrum including contracts, meeting minutes, drawings and specifications, submittals, requests for information (RFlsl pay requests, invoices, inspection reports, and so forth. Z&K, as CM, will act as the hub for the management of all information flow. Z&K has extensive experience providing web-based document management solutions for its clients.

Z&K's approach to information management also includes building a communication framework to continually foster partnering and teamwork relationships for all of the project stakeholders. Z&K builds this framework from the start of the project with an all-inclusive kick-off meeting where the lines of communication and project responsibilities will be clearly explained to all ofthe project stakeholders.

The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, RFIs, submittals, testing and inspection reports, non-conformance notices, environmental monitoring, change orders, three-week-look-ahead schedule, pay requests, and so forth. Unresolved iSSues will be carried overto the next week's meeting until a final resolution is obtained.

Our team is confident that we will meet or exceed the City's expectations and qualifications. Z&K will have the flexibility to provide all needed inspection, including large, fast-tracked projects with a variety of qualified inspectors. Z&K will provide all materials, resources, tools, certifications, and training necessary for our team to perl'orm the City's inspection services. The team will perform all duties under the direction of the City's staff. Z&K will verify that all work conforms with the requirements and identify any issues of non-compliance with the applicable codes. Inspedors will meet with the project design team, City's consultants, and City staff to work out any problems and resolve issues quickly and efficiently.

Many of our inspectors are multi-disciplined and are able to provide a variety of services. The Z&K Team has successfully performed inspection on complex projects for local jurisdictions. Z&Kinspectors are also able to perform plan reviews and assistthe Cityin customer services.
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Z&K has a Strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Some of the requirements are as follows: Project Construction Documents.

California Building Code
California Plumbing, Mechanical, Electrical Code
California Building Energy Efficiency Standards
Title 24, Part 2, 2.5, 3, 4, 5, 6, 11
California Fire Code
California Residential Code
California Green Building Code
California Disabled Regulations
City Codes & Ordinances
City Grading Code & Manual
APWA "Greenbook" Standard Specifications for
Public Works Construction
Caltrans Standards, Specifications, and Procedures
Caltrans Construction Manual
Caltrans Safety Manual
09-i A Construction Safety Orders
10 /30-hr 09-I A Training Certification
Local Assistance Procedures
Manual (tAPM)
* City Standards and Design
Manuals
@ State and Federal Building Codes
(Site Accessibility)
County Procedures and Guidelines
Work Area Traffic Control Handbook
(WATCH) Manual
Manual of Uniform Traffic Control Devices (MUTCD)
Project Safety Plan (PSP )
Site Health and Safety Plan
Activity Hazard Analysis (AHA)
0

January 4, 2022
Emilio MurBa, P.E., Consultant Project Manager
City of South Gate, 8650 California Avenue, South Gate, CA 90280 Dear Mr. Murga,
Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Construction Management and Inspection Services for the East Alameda Street Sidewalk Improvements Project, Project No. 660-ST. Our not-to-exceed total lump sum fee for Construction Management and Inspection Services is SII0,442.00.

Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution.

Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in Construction Management and Inspection services and will provide "turn-key" Construction Management and Inspection Services for the East Alameda Street Sidewalk Improvements Project.

Below is a table with the hourly rate schedule:

Z&K Consultants, Inc Hourly Rates:

Senior Construction Manager..................... .

Senior Construction Inspector........... ........ .................,..,,, Traffic Engineer...................................................................................

Project Manager/Office Engineer/ Labor Compliance Officer............

Material Testing Services (Converse Consultants)................... . S165.00
. S145.00
. S148.00
. S137.00
.Attached
I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of South Gate and are committed to the successful completion the City's important project.

Sincerely,
CdM
Crystal Fraire, PE, QSD/P i President, Z&K Consultants Inc. 473 E. Carnegie Drive i Suite 200 i San Bernardino, CA 92400 951.310.7470 i [email protected]
gCONSULT ANTS

BUILDINC, SOLLITIONS
246

NOT-TO-EXCEED FEE SCHEDUIE
The fee proposal shall be based on a not-to-exceed fee for a construction period of 50 workmg days This cost includes 5 non-working days and assumes 1-week full time for the Senior Construction Manager and Senior Construction Inspector for project initiation and prolect closeout The Construction Inspedor shall be provided for the entire 50 workin@day period Any additional servces needed beyond the contract scope of work shall require prior approval from the City.

Z&K Consultants commrts that O/I assrgned personnel wrll nor be removed or replaccd wrthout prlor written City approval Key personnel wHl be avadable to the extent proposed fror the duration of the contract. Our proposed and fully commrtted team is fully capable and exceptionally qualffied They have lield many leadership roles and supervrsory management posRions in many local or)encies includrng the pmate and publrc sertors. All can multi-msk, are mulb-disciplrned. and have ri full understanding of Of/ aspects of the proposed project requiremems
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BUILDING SOLUTIOThlS
,:i7-247
Item No. 10
JAN 18 2021
%l:tOOV'
Ciffl of South Gate

CITY COUNCIL
AGENJDA JBJ[LL
Department Director:

For the Regular Meeting o:f: January 24, 2023
Department: Public Works
Ciffl Manager:
o Cervantes (2';A'ris,regers
SUBJECT: AGREEMENT WITH SEQUEL CONTRACTORS, INC., FOR THE

CONSTRUCTION OF THE EAST ALAMEDA STREET SIDEWALK
IMPROVEMENTS PROJECT, CITY PROJECT NO. 660-ST
PURPOSE: To award an agreement for the construction of the East Alameda Street Sidewalk Improvements Project ("Project") to Sequel Contractors, Inc. ("Sequel"). The Project was publicly advertised for construction and Sequel submitted the lowest responsible and responsive bid.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an agreement with Sequel Contractors, Inc., to construct the East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST ("Agreement"), in an amount not-to-exceed $903,361, inclusive of the $493,157 Base Bid and $410,204 Additive Alternative Bid;
b. Authorizing the City Manager to approve contract change orders up to a cumulative amount of $100,000 to avoid delaying construction and payment of invoices involving change order work;
c. Appropriating $544,894 in Measure R Funds to fully fund the East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST; d. Approving the Notice of Exemption under Title 14 of the California Code of Regulations, Section 15301 of the California Environmental Quality Act ("CEQA") for the construction of the East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office; and
e. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund. The proposed Agreement is in the amount of $903,361 and it will be funded as summarized on the following page. The proposed appropriation is in the amount of $544,894 in Measure R Funds to Account No. 311- 790-31-9584.
1 248
Project Services Senate Bill l Measure R Total
Design Services Contract $75,465
Project Management, Staff Time & Misc.

Services $33,651
Temporary Construction Easements $31,158
Construction Contract $903,361
Construction Contingency $100,000
Const. Management -and Inspection $136,642
Project Management, Staff Time & Misc.

Services
$50,000
Total $785,383 $544,894 $1,330,277
ANALYSIS: The proposed Agreement was procured through a competitive bid process through the issuance of a Notice Inviting Bids (NIB). The bid package requested (a) a "Base Bid" for the construction of improvements on Alarneda Street from Sequoia Drive to Seminole Avenue, and (b) an "Additive Alternate Bid" for the construction of improvements on Sequoia Drive from East Alameda Street to east cul-de-sac at Rodia Continuation High School. The NIB required the lowest bidder to be determined based on the lowest amount of the "Base Bid." Sequel was determined to be the lowest responsible and responsive bidder because its bid included the lowest Base Bid amount. The summary of the bids received is on the following page and the bid analysis is on Attachment "C."
The project was bid with a Base Bid and Additive Alternate Bid as staff anticipated that the project was going to be over budget and, therefore, planned to recommend to the City Council to award only the Base Bid improvements. However, staff is recommending appropriating additional fiinds to award both the Base Bid and Additive Alternate Bid improvements in the amount of $903,361. A review of the City's CIP funds has determined that there are sufficient Measure R Funds to fully :[und Base Bid and the Additive Alternate Bid improvements. Further, not constructing the sidewalk improvements on Sequoia Drive could result in concerns for safety and ADA access from Simon Rodia Continuation High School officials.

It is noted that Sequel's total bid of $903,361 is more than CT&T Concrete and Paving's (CT&T) total bid of $831,115. The City may not choose to award the contract to CT&T despite being the lower bid because that action would violate the Public Contract Code. Sections 20161 and 20162 of the Public Contract Code requires the contract to be awarded to the low bidder who is required to be selected based on the provisions of the bid documents. The bid documents relied on the Base Bid for the determination of the low bidder. As such, the City Council may only award the contract to Sequel. The City Council may opt to reject bids, however, that is not recommended. Bids were received from eight contractors. The average bid was $1.28 million.

Sequel's bid is reasonable as compared to the average bid. Sequel also submitted the second lowest total bid :[urther confirming its bid is reasonable. Finally, in light of the current inflation construction climate, there is a possibility that a lower bid might not be realized by rebidding the project.
2 249
Staff is requesting a $544,894 appropriation which includes a $100,000 construction contingency. The contingency serves to fund additional costs that may arise during construction, such as for improvements required due to unforeseen conditions. To minimize 'construction delays under the project schedule, staff recornrnends that the City Council authorize the City Manager to approve up to an amount not-to-exceed $100,000 in contract change orders.

BACKGROUND: The East Alameda Street Sidewalk Improvements Project is part of the Fiscal Year 2022/23 Capital Improvement Program. The Project will improve pedestrian safety and enhance access to Simon Rodia Continuation High School, located on Sequoia Drive, east of East Alameda Street. Project improvements entail the construction of new sidewalks on the east side of East Alameda Street, from Sequoia Drive to Seminole Avenue, and on the south side of Sequoia Drive, from East Alameda Street to the east cul-de-sac. The work will include the reconstruction of curb and gutters, reconstruction of drive approaches, construction of new sidewalks, removal and replanting of trees, relocation of streetlights, relocation of fire hydrants, and the reconstruction of rolling gates and wrought iron fences.

On November 22, 2022, staff advertised the Notice Inviting Bids for construction in the Daily Journal. The Project was also advertised on the City's website, Ebid Board, and other trade publications. On December 20, 2022, eight bids were received and opened by the City Clerk in a public forum. The summary of the bids is as follows:

No. Contractor Base Bid Additive Alternate Bid Total Engineer's Estimate $387,187 $273,224 $660,411
1 Sequel Contractors, Inc. $493,157 $410,204 $903,361 2 CT&T Concrete and Paving, Inc. $506,207 $324,908 $831,115 3 FS Contractors, Inc. $638,306 $501,335 $1,139,641
4 Palp, Inc. *$640,243 $546,262 $1,186,505
5 Addison-Miller, Inc. $688,409 $560,960 $1,249,369
6 Gentiy General Engineering $826,344 $600,389 $1,426,733 7 Hardy and Harper, Inc. $950,000 $725,000 $1,675,000 8 All American Asphalt $1,036,334 $768,972 $1,805,306 *Corrected bid amount
After completion of the bid analysis, Sequel Contractors, Inc., was confirmed to be the lowest responsible and responsive bidder. Their bid was over the Engineer's Estimate.

Sequel is based in Santa Fe Springs, California. They have been in business for 32 years. The company has the capacity and experience to perform the work required under the East Alameda Street Sidewalk Improvements Project. Sequel has experience in the City of South Gate. They recently completed $7.1 million in street improvements on Imperial Highway, Garfield Ave, and Firestone Blvd/Otis Streets as a part of Contract No. 2020-43-CC.

Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the East Alameda Street Sidewalk Improvements Project is categorically exempt under Title 14 of the California Code of Regulations, Section 15301. The projects were also categorically exempt 3 250
under Existing Facilities Section 15301 Class (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). In addition, the projects were also determined to be categorical exclusions under Section 326 of amended Chapter 3 of Title 23, United States Code (23 U.S.C. § 326) without significant impacts on the environment as defined by the National Environmental Policy Act (NEPA).

Construction is expected to begin in March of 2023 and be completed in May 2023.

ATT ACHMENTS: A.

B.

C.

D.

Proposed Agreement
Location Map
Bid Analysis
Notice of Exemption
EM:lc
4 251

ATT ACHMENT A

AGREEMENT BETWEEN THE CITY OF SOUTH GATE AND SEQUEL CONTRACTORS, INC., FOR THE CONSTRUCTION OF THE EAST

ALAMEDA STREET SIDEWALK IMPROVEMENTS PROJECT, CITY PROJECT N0. 660-ST.

This Agreement for construction of the East Alameda Street Sidewalks Improvements Project, City Project No. 660-ST, is made and entered into on January 24, 2023, by and between the City of South Gate ("Owner"), and Sequel Contractors, Inc., California Corporate Number C1677728 ("Contractor"). The Owner and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." The Owner and the Contractor mutually agree as follows:

ARTICLE I

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with Owner to perform and complete in good and workmanlike manner all work required by the Contract Documents for City Contract No., which involves the following project: The East Alameda Street Sidewalk Improvements Project, City Project No. 660-ST.

Said work shall be performed in accordance with the Contract Documents, which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment, and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be :[urnished by Owner.

ARTICLE II

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefore, the contract sum shall not exceed Nine Hundred Three Thousand Three Hundred Sixty-One Dollars ($903,361) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, delivery, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. Owner shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

252

ARTICLE III

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Bid Schedule(s), the Bid Security Fortns for Check or Bond, this Agreement, Worker's Compensation Insurance Certificate, the Non-Collusion Affidavit, the Specifications, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable maru'ier, all of which are referred to as the Contract Documents. These form the Contract, and all are as :[ully a part of the Contract as if attached to this Agreement or repeated herein.

ARTICLE IV

INDEMNIFICATION
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City of South Gate), the City of South Gate, its consultants and sub-consultants, their respective officers, agents, and employees, from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death arising out of or coru'iected with the Contract. Supplier's obligation to indemnify, defend and save harmless the City of South Gate, its consultants and sub-consultants, and their respective officers, agents and employees, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate's choice in representing the City of South Gate, its consultants and sub-consultants and their respective officers, agents, and employees, in coru'iection with any such claims, losses, lawsuits or actions. THIS PROVISION

SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES AND DELIVERY OF MATERIALS TO BE PROVIDED {JNDER THIS AGREEMENT.

ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each cra'Ji, classification, or type of workman needed to execute this contract.

253

ARTICLE VI

EFFECTIVE DATE
This Agreement shall become effective and commence as of the date set forth below on which the last of the Parties, whether Owner or Contractor, executes said Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
Dated:

ATTEST:

B7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:
;.uasm'-,.,tSt?a
SEQUEL CONTRACTORS, INC.:

By:

Date

254

WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 AND 1861.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before cornmencing the performance of the work of this Contract.

DATED:

CONTRACTOR NAME.

Sequel Construction, Inc.

B7:

Name
President
Title
ATTEST:

BY:

Signature
Title

255

INDEMNIFICATION AND LIABILITY INSURANCE REQUIREMENTS The following requirements must be met when submitting insurance certificates to the City of South Gate in connection with Public Works and other projects:

The insurance certificate must be issued to the City of South Gate, 8650 California Avenue, South Gate, CA 90280, attention of the City Engineer.

The City of South Gate, South Gate Housing Authority, and their officers, employees, elected officials, and agents must be shown as additional insured per ISO CG 20 101185, and separate endorsement signed by an authorized representative of the insurance company is required.

The City has the right to request a copy of complete insurance policy including all endorsements and certificates.

The Certificate must include cross liability coverage either included in the Commercial General Liability coverage, and so indicate on the face of the Certificate under that heading or by separate endorsement.

The Certificate should also indicate that the insurance covers "All Operations" or should specify the particular services to be provided.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in coru'iection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors
Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence from CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for "all risks" of loss. Earthquake and flood insurance is not required to be 'furnished by the Contractor.

256
Contractor shall maintain limits no less than:

1. GeneralLiability: $1,000,OOOperoccurrenceforbodilyinjury,personalinjuryand property damage. If Cornrnercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project which is the subject of this Agreement and the location where work thereunder is to be performed, or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4. Course of Construction: Completed value of the project that is the subject of this Agreement.

Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as insurers with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment 'furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy.

2. For any claims related to the project that is the subject of this Agreement, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, or modified, by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

257
Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Verification of Coverage
Contractor shall :[urnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insurers under its policies or shall :[urnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Indemnification
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City of South Gate), the City of South Gate, the City of South Gate Housing Authority, their consultants and sub-consultants, and their respective officers, agents, and employees, from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, corporations or other entities furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or other entity, or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the City of South Gate, the City of South Gate Housing Authority, their consultants, sub-consultants, and other parties listed above, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate's choice in representing the City of South Gate, the City of South Gate Housing Authority, consultants and sub-consultants in connection with any such claims, losses, lawsuits or actions. THIS PROVISION SHALL

SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED

UNDER THIS AGREEMENT

258

CONSTRUCTION OF THE EAST ALAMEDA STREET

SIDEWALK IMPROVEMENT PROJECT
CITY PROJECT N0. 660-ST

FAITHFUL PERFORMANCE BOND
100% OF CONTRACT AMOUNT
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of South Gate ("City" herein) has awarded to Sequel Contractors, Inc., ("Contractor" herein) a Contract for:

CONSTRUCTION OF THE EAST ALAMEDA STREET SIDEWALK IMPROVEMENT PROJECT, CITY PROJECT N0. 660-ST; and
WHEREAS, said Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, Contractor and as Surety,
are held and firmly bound unto the City in the penal sum of Nine Hundred Three Thousand Three Hundred Sixty-One Dollars lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that the obligation shall become null and void if the above-bounded Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep and perform the covenants, conditions and provisions in said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred by the City in success'fully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, the work to be performed thereunder, or the specifications that accompany the Contract shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work, or the specifications.