South Gate City Council
July 11, 2023

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 11, 2023 at
6:30 p.m.

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 872 7677 1274
HTTPS://US02WEB.ZOOM.US/J/87276771274
TO ADDRESS THE CITY COUNCIL PRESS *9 TO RAISE YOUR
HAND THEN *6 TO UNMUTE YOURSELF WHEN INSTRUCTED
Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Maria del Pilar Avalos, Mayor
INVOCATION:

Steve Costley, Acting Director of Parks & Recreation
PLEDGE OF ALLEGIANCE:

Darren Arakawa, Police Chief
ROLL CALL:

Yodit Glaze, City Clerk
City Officials

MAYOR CITY CLERK
Maria del Pilar Avalos Yodit Glaze

VICE MAYOR CITY TREASURER
Gil Hurtado Jose De La Paz

COUNCIL MEMBERS CITY MANAGER
Joshua Barron Chris Jeffers
Maria Davila
Al Rios

CITY ATTORNEY
1 Raul F. Salinas

Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.

Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.

Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.

Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.

Meeting Compensation Disclosure

Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $790 monthly regardless of the amount of meetings.

Public Hearings

1. FY 2022/23 Edward Byrne Memorial Justice Assistance Grant funds ($48,387) for purchase of equipment for sworn personnel

Following the conclusion of a public hearing, the City Council will consider accepting and appropriating the FY2022/23 Edward Byrne Memorial Justice Assistance Grant Funds, in the amount of $48,387 for the purchase of equipment for sworn personnel. (PD) Documents:

Item 1 Report 07112023.pdf
Comments From The Audience - Non-Agenda Items
2 During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.

Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.

Reports And Comments From City Officials

During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.

Consent Calendar Items

Agenda Items
2, 3, 4, 5, 6, 7, 8, 9
and
10 are Consent Calendar Items. All items including
Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.

Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.

2. ORDINANCE 2023-04-CC AMENDING PROVISIONS OF THE SOUTH GATE

MUNICIPAL CODE PERTAINING TO SIDEWALK VENDORS

The City Council will consider waiving the reading in full and adopting Ordinance No. 2023-04-CC amending provisions of the South Gate Municipal Code pertaining to Sidewalk Vendors Section 2.10.150 (Businesses requiring a business permit) and Section

2.10.970 (Sidewalk Vending Program) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations), and Section 7.39.010 (Sales from Nonmotorized Vehicles on City Streets Prohibited) of Chapter 7.39 (Sales from Nonmotorized Vehicles on City Streets Prohibited Except During City-Sponsored Parades) of Title 7 (Public Safety And Morals), and Section 8.14.010 (Unlawful Parking - Peddlers, Vendors and Vehicles advertised for sale or rent) of Chapter 8.14 (Unlawful Parking - Peddlers, Vendors and Vehicles Advertised for Sale or Rent) of Title 8 (Traffic) of the South Gate 3 Municipal Code. (ATTY)
Documents:

Item 2 Report 07112023.pdf

3. Resolution declaring a continued emergency and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK without public bidding, pursuant to the Emergency Contracting Procedures of the South Gate Municipal Code and the California Public Contract Code

The City Council will consider making a finding and adopting a Resolution
declaring an
emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code. (PW)
Documents:

Item 3 Report 07112023.pdf

4. Resolution approving the initiation of the CALPERS process for retirement Cost Sharing for Executive Management Contract
employees

The City Council will consider adopting a
Resolution
approving the initiation of the
CalPERS process for retirement cost sharing under Government Code Section 20516(a) for unclassified executive management contract employees. (ADMIN SVCS) Documents:

Item 4 Report 07112023.pdf

5. Amendment No. 4 to Contract No. 3525 with SEAACA for annual cost increase for animal control and sheltering services

The City Council will consider: (PD)
a. Approving
Amendment No. 4 to Contract No. 3525
with the Southeast Area Animal
Control Authority for annual cost increase for animal control and sheltering services in an amount not to exceed $792,630 for Fiscal Year 2023/24; and

b. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.

Documents:

Item 5 Report 07112023.pdf

6. Amendment No. 3 to Contract No. 3378 Measure R Funding Agreement with Metro retroactively extending the lapsing date from
June 30, 2022 to June 30, 2023,
4 for the Firestone Boulevard Regional Corridor Capacity Enhancement Phase II Project, City Project
No. 476-TRF, Metro Project ID No. MR306.33

The City Council will consider: (PW)

a. Approving
Amendment No. 3 to Contract No. 3378
Measure R Funding Agreement
with
the Los Angeles County Metropolitan Transportation Authority ("Metro") retroactively extending the lapsing date from June 30, 2022 to June 30, 2024, for the Firestone Boulevard
Regional Corridor Capacity Enhancement Phase II Project, City Project No. 476-TRF
Metro Project ID No. MR306.33; and

b. Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.

Documents:

Item 6 Report 07112023.pdf

7. Amendment No. 3 to Contract No. 2020-16-CC with KOA Corporation for a Street Lighting Engineering Study

The City Council will consider: (PW)
a. Approving
Amendment No. 3 to Contract No. 2020-16-CC
with KOA Corporation for
a street lighting engineering study for an amount not to exceed $62,418; and

b. Authorizing the Mayor to execute the Agreements in a form acceptable to the City Attorney.

Documents:

Item 7 Report 07112023.pdf

8. Agreement with HydroScientific West to upgrade SCADA System, City Project No. 647-WTR

The City Council will consider: (PW)
a. Approving an
Agreement
with HydroScientific West to upgrade the Supervisory
Control and Data Acquisition System Upgrade, City Project No. 647-WTR, in an amount not to exceed $597,621;

b. Appropriating $200,000 in Water Funds from the unrestricted balance of the Water Fund to fully fund the project; and

c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

Documents:

Item 8 Report 07112023.pdf
5 9. Agreement with ClientFirst Technology Consulting for Project Management Services for the City's Technology Master Plan

The City Council will consider: (ADMIN SVCS)
a. Approving a
Professional Services Agreement
("Agreement") with ClientFirst
Technology Consulting for project management services associated with the City's Technology Master Plan in an amount not-to-exceed $150,000;

b. Authorizing the Mayor to execute agreement in a form acceptable to the City Attorney.

Documents:

Item 9 Report 07112023.pdf

10. Minutes

The City Council will consider approving: (CLERK)
a. The Regular Meeting minutes of February 14, 2023;

b. The Regular Meeting minutes of April 11, 2023;

c. The Regular Meeting minutes of May 23, 2023;

d. The Special and Regular Meeting minutes of June 13, 2023; and

e. The Special Meeting minutes of June 20, 2023.

Documents:

Item 10 Report 07112023.pdf
Reports, Recommendations And Requests

11. Alternative No. 2 of the Sewer Rate Study for sewer rate structure changes and Agreement
with NBS Financial Group to initiate Prop 218 Process

The City Council will consider: (PW)
a. Receiving and filing the Sewer Rate Study Report;

b. Selecting Alternative No. 2 of the Sewer Rate Study for the proposed sewer rate structure
changes and directing staff to initiate the Proposition 218 process;

c. Approving an
Agreement
with NBS Financial Group (NBS) in an amount not to exceed $32,500 to conduct the required Proposition 218 process, including educational material development; and

d. Authorizing the Mayor to execute the Agreement in a form acceptable to the City 6 Attorney.

Documents:

Item 11 Report 07112023.pdf

12. Warrant register for July 11, 2023

The City Council will consider approving the Warrant Register for July 11, 2023. (ADMIN SVCS)

Total of Checks: $2,163,641.57 Less: Voids $ (55.00) Less: Employee Payroll Deductions
$ (372,705.82)
Grand Total: $1,790,880,75

Cancellations: 101570
Documents:

Item 12 Report 07112023.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on July 3, 2023, at 3:55 p.m., as required by law.

Yodit Glaze
City Clerk

GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.

MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:

City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.

PUBLIC COMMENT/PARTICIPATION
7 Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.

Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.

Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.

To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.

STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.

SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
8 imBt'SOFFfl,E Item No. l
JUN 29 2023
Ciffl of South Gate

CITY COUNCIL

AGENDA BULL
For the Regular Meeting o'f: July 11, 2023
Originating Department:

DarrenArakawa Chris./; 4rs
SUBJECT: PROPOSED USE OF FY2022/23 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT F{JNDS
PURPOSE: To conduct a public hearing, accept and appropriate the Edward Byrne Memorial Justice Assistance Grant ("JAG") funds in the amount of $48,387 for the purchase of equipment and licenses for sworn personnel.

RECOMMENDED ACTIONS: Following the conclusion of a public hearing, the City Council will consider accepting and appropriating the FY2022/23 Edward Byrne Memorial Justice Assistance Grant Funds, in the amount of $48,387 for the purchase of equipment for sworn personnel.

FISCAL IMPACT: There is no fiscal impact to the General Fund and no requirement by the City to match these grant funds. The total amount of funding that is allocated to the City for Fiscal Year 2022/23 is $48,387.

PUBLIC NOTICE: A legal notice was published in the Los Angeles Wave newspaper on June 29, 2023.

ANALYSIS: None.

BACKGROUND: The JAG Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG-funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. This year's earmarked allocation to the South Gate Police Department is $48,387. These funds can only be used for law enforcement purposes.

The City of South Gate Police Department will utilize these funds to maintain the body worn camera program in Fiscal Year 2022/23 with $45,604 being used for the equipment and related 1 9
licenses, and $2,783 to be used for the mandatory 4% grant requirement for the National Incident Based Reporting System allocation.

ATTACHMENT: Notice of Public Hearing
2 10

CITY OF SOUTH GATE

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of South Gate, California will conduct a public hearing for the purpose of discussing and considering the use of the FY 22-23 U.S.

Department of Justice-Bureau of Justice Assistance Local JAG Program.

The U.S. Department of Justice-Bureau of Justice Assistance Local JAG Program award to the South Gate Police Department is in the amount of $48,387. A copy of the City Council Agenda Bill with the budget and summary report of the program may be reviewed in the City Clerk's office during normal business hours. The Public Hearing is scheduled for:

DATE:

TIME:

LOCATION:

TUESDAY, JULY 11, 2023
6:30 P.M.

Members of the public wishing to observe the meeting may join through a Call in Conference. For the updated Dial-In Number and Conference Code for the July 11th City Council meeting please visit the City's website at www.cityofsouthgate.org/AgendaCenter.

NOTICE IS HEREBY GIVEN that any and all persons interested in the matter hereinabove set foith the privilege to attend said hearing and then and there testify or present evidence upon any matter relating thereto.

THIS NOTICE IS GIVEN by order of the City Clerk of said City and is dated this 29'h day of June 2023.

Yodit Glaze, City Clerk
Publication date: June 29, 2023
11 effYMANMIER'S OFFICE Item No. 2
JUN 2 9 2023
2,,>01m City of South Gate

CITY COUNCIL

AG-ENDA JBYLL
For the Special Meeting of: July 11, 2023
Originating Department: City Attorney's Office
Raul Salinas
City Manager:

Chars
SUBJECT: SECOND READING OF ORDINANCE N0. 2023-04-CC AMENDING

PROVISIONS OF THE SOUTH GATE MUNICIPAL CODE PERTAINING TO SIDEWALK VENDORS SECTION 2.10.150 (BUSINESS REQUIRING A BUSINESS PERMIT) AND SECTION 2.10.970 (SIDEWALK VENDING PROGRAM) OF CHAPTER

2.10 (BUSINESS REGULATION) OF TITLE 2 (LICENSES - BUSINESS REG[n,ATIONS), AND SECTION 7.39.010 (SALES FROM NONMOTORIZED VEHICLES ON CITY STREETS PROHIBITED) OF CHAPTER 7.39 (SALES FROM

NONMOTORIZED VEHICLES ON CITY STREETS PROHIBITED EXCEPT DURING CITY-SPONSORED PARADES) OF TITLE 7 (PUBLIC SAFETY AND MORALS), AND SECTION 8.14.010 (UNLAWFUL PARKING - PEDDLERS, VENDORS AND VEHICLES ADVERTISED FOR SALE OR RENT) OF CHAPTER 8.14 (UNLAWFUL PARKING - PEDI)LERS, VENDORS AND VEHICLES Al)VERTISED FOR SALE OR RENT) OF TITLE 8 (TRAFFIC) OF THE SOUTH GATE M{JNICIPAL CODE PURPOSE: To consider the adoption of Ordinance No. 2023-04-CC changing the South Gate Municipal Code pertaining to sidewalk vending which would address the changes required by state law relating to Senate Bill 946 and Senate Bill 972.

RECOI!/IMENDED ACTION: The City Council will consider waiving the reading in full and adopting Ordinance No. 2023-04-CC amending provisions of the South Gate Municipal Code pertaining to Sidewalk Vendors Section 2.10.150 (Businesses requiring a business permit) and Section 2.10.970 (Sidewalk vending program) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations), and Section 7.39.010 (Sales from nonmotorized vehicles on city streets prohibited) of Chapter 7.39 (Sales from Nonmotorized Vehicles on City Streets Prohibited Except During City-Sponsored Parades) of Title 7 (Public Safety And Morals), and Section 8.14.010 (Unlawful parking - Peddlers, vendors and vehicles advertised for sale or rent) of Chapter 8.14 (Unlawful Parking - Peddlers, Vendors and Vehicles Advertised for Sale or Rent) of Title 8 (Traffic)of the South Gate Municipal Code.

FISCAL IMPACT: There is no anticipated significant fiscal impact as a result of adopting the Ordinance. In general, the costs for processing business licenses and pernnits shall be borne by I
12 applicants. There will be an educational component developed in the near future whose costs will be absorbed through exiting operating budgets in various departments.

ANALYSIS: The City previously adopted Section 2.10.970 ("Sidewalk Vending Program") on September 17, 2018, in response to Senate Bill 946 ("SB 946"), the Safe Sidewalk Vending Act.

SB 946 allows sidewalk vending to occur on public sidewalks and within public parks and precludes cities from outright prohibiting the activities of sidewalk vendors. Pursuant to SB 946, cities may enact some limited regulations, however, such regulations must adhere to the requirements of SB 946 and must be directly related to objective health, safety, and welfare concerns.

The goal of Ordinance No. 2023-04-CC is to be sure the City remains compliant with applicable state law on this topic, and to be sure we continue protecting health, safety, and welfare concerns (to the extent possible under SB 946) from those adverse conditions which naturally result from business operations that are conducted on public property; especially accessways like sidewalks that are dedicated to pedestrian travel. It is important to restate, cities and counties cannot prohibit sidewalk vending outright or establish standards that are not reasonably and directly tied to health, safety, and welfare concerns. To help explain the complexity of sidewalk vending, the following areas are covered in an effort to help guide the discussion and why the proposed Ordinance is developed as presented.

Senate Bill 946 (Cities Can and Cannot) -
Per SB 946, Cities' regulations of sidewalk vending must comply with the following standards.

Specifically, the program adopted by the City g:

1. Require a sidewalk vendor to operate within specific parts of the public right-of-way, except when the restriction is directly related to objective health, safety, or welfare. An example of a safety objective is vending cannot block the passage of pedestrians as determined by our standard clearance for the Americans with Disabilities Act (ADA).

The standard is 36 inches from the curb back; and

2. Prohibit a "stationary" sidewalk vendor from selling food or merchandise in a park owned or operated by the City, except the City may prohibit stationary sidewalk vendors from vending in a park if there is an existing agreement for concessions that exclusively pertnits the sale of food or merchandise by a concessionaire. In our situation, South Gate Park has two such exclusive concession agreements (South Gate Park and Hollydale Park). The City may adopt additional requirements regarding the time, place, and manner of sidewalk vending in parks if the requirements are necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities or necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, or that otherwise are directly related to a health, safety, and welfare concern.

It is important to note that a "roaming" sidewalk vendor may still operate within any park regardless of whether an exclusive concession agreement exists or not. However, they 2 13
must be properly licensed and permitted for the specific area and must otherwise adhere to the operating conditions enacted by the City Council. A roaming vendor is one that is constantly in motion with an approved cart and only stops to complete a sales transaction; and

3. Require a sidewalk vendor to obtain the consent or approval of any non-goverent entity or individual, such as a nearby business, before the vendor can sell food or merchandise. In this regard, the City may not prohibit sidewalk vending or impose regulations that result from "economic competition" or "community animus"; and

4. Restiict sidewalk vendors to designated neighborhoods or areas, except when the restriction is directly related to objective health, safety, or welfare concems; however, the City may prohibit stationary sidewalk vendors in areas zoned exclusively residential where no commercial activity is permitted, but the City cannot prohibit roaming sidewalk vendors in such areas; and

5. Restrict the overall number of sidewalk vendors permitted to operate in the city, unless the restriction is directly related to objective health, safety, or welfare concerns.

On the other hand, SB 946 the City to impose time, place, and manner restrictions on sidewalk vending provided said requirements are directly related to objective health, safety, and welfare concerns, such as:

1. Limitation on hours of operation in residential areas that are not unduly restrictive (while allowing sidewalk vendors to operate in non-residential areas during the same hours as other businesses in that area); and

2. Requirements to maintain sanitary conditions as established by local health departments; and

3. Regulations to ensure the collection and disposal of trash and other debris to avoid any remnant pollutants on sidewalks or in gutters at the conclusion of sidewalk vending activities; and

4. Requirements necessary to maintain safe paths of travel for pedestrians and to ensure compliance with the Americans with Disabilities Act and other disability access standards; and

5. Requirements to obtain a permit and a valid business license, possess a Seller's Permit from the California Department of Tax and Fee Administration, or obtain additional licenses from other state and local agencies to the extent required by law; and

6. Requirements that sidewalk vendors submit information on their operations; and

7. Requirements to ensure no interference with the performance of police, fire, and emergency medical personnel services; and
3 14

8. Additional time, place, and manner restrictions provided said restrictions are directly related to objective health, safety, and welfare concerns, such as imposing a required distance between vendors and traffic safety devices, public transit stops, business entrances, driveways, and other sidewalk vendors; and.

9. A city can prohibit sidewalk vending within the immediate vicinity of a certified farmer's market or swap meet during their operating hours; and

10. A city may restrict or prohibit sidewalk vending within the immediate vicinity of an area designated for a temporary special permit issued by the city, such as permit for filming, a parade, an outdoor concert, or a street fair.

Enforcement under SB 946 -
SB 946 has decriminalized sidewalk vending. As such, the City may not treat sidewalk vending violations as either misdemeanors or infractions nor impose corresponding criminal penalties.

Sidewalk vending violations are only punishable as administrative fines.

Misdemeanor/Infraction - under a misdemeanor, a violation of state, county or local law is alleged. The maximum penalty for a misdemeanor violation of a local law is up to 6 months in County jail and/or a fine of up to $1000. Since incarceration is a possible penalty, defendants are entitled to a trial by jury. With an infraction violation of a local law, the maximum penalty (with limited exceptions) ranges from $100 for a first offense and $500 for a third or greater offense. Since incarceration is not a potential penalty, a defendant is only entitled to a bench/court trial. Failure to pay the fine in either a misdemeanor or infraction could result in follow up action, including the issuance of a warrant for a defendant's arrest.

Administrative Fine - this is a non-criminal fine. A person accused under this section is punished only by a fine which is set by local ordinance subject to limitations imposed by state law. Due process afforded a person is not with the judicial branch; rather the case will be heard either by the legislative body of the local govemment or some other mechanism the local government has established. A violation cannot involve any jail time.

Under SB 946, a violation of the vending program by a person with a permit is punishable only by the following administrative fines: $100 for the first violation, $200 for a second violation, and $500 for each additional violation with one year of the first violation. If a city seeks to impose administrative fines, SB 946 allows the violator to appeal the fine and requires that the hearing officer take into account the cited vendor's ability to pay the fine. If a vendor meets the financial criteria, the City must accept 20% of the fine in full satisfaction and can allow the vendor to complete community service in lieu of paying the fine.

SB 946 also applies to all pending criminal prosecutions specifying that those that have not reached final judgement must be dismissed. Additionally, any person who is serving or completed a sentence or who is subject to a fine or misdemeanor or infraction conviction of 4 15
sidewalk vending may petition for dismissal, the court must grant the petition and dismiss and seal the conviction because the sentence, fine, and conviction are legally invalid.

Senate Bill 972 (SB 972) -
SB 972 which took effect on January 1, 2023, modifies the California Retail Food Code - which sets uniform health and sanitation standards enacted by the State Department of Public Health for retail food facilities throughout the state, and requires local health agencies to enforce those provisions.SB 972 modifies existing law to decriminalize violations of the California Retail Food Code (and provisions of local Health Codes that apply to sidewalk vendors) to ensure consistency with SB 946. While the local health department can require standards for carts, continue to inspect carts for compliance and regulate the preparation of the food, violations can only be treated as administrative citations for violations; similar to violations of a local sidewalk vending program.

SB 972 attempts to facilitate greater access for food vendors to get the required county and city approvals for food vending permits, and mandates that local health codes reduce some of the "outdated" health standards that proved to be an unsurmountable barrier to sidewalk vendors including those requirements applicable to the sale of "non-potentially hazardous food" (e.g., baked goods without cream, cookies, churros, popcorn, fruit empanadas and fruit tamales, etc.) and "pre-packaged food" (those that are pre-packaged at the manufacturer or food facility to prevent any direct human contact with the food). The bill provides that counties may approve a food cart design which meets safety requirements, in lieu of approving individually manufactured carts. The legislature's hope is that by easing the process to come into compliance with the law, it will incentivize greater compliance than currently exists.

Proposed Ordinance -
An attempt has been made to ensure compliance with both SB 946 and SB 972 by ensuring that all regulations are tied to identifiable direct health, safety, and welfare concerns. Yet, the ordinance must not unreasonably restrict the ability to engage in sidewalk vending.

Major changes proposed are:

1. Eliminating the prohibition against sidewalk vending on whole streets/corridors within the City, and instead relying on ensuring adequate distances from vending operations through either enhanced or new language to ensure that health, safety, and welfare is being addressed. Such items include ensuring adequate accessible paths of travel along all City sidewalks; distance from driveways to ensure ingress and egress are safely pemiitted as they relate to visibility clearance; distance from intersections which also is a consideration of both vehicular and pedestrian safety; distances from bus stops; and exclusion from zones exclusively for residential.

2. Clarifying the definition of what is a stationary versus a roaming vendor, and other types of itinerant vending activities that do not qualify as sidewalk vending. 5 16

3. Creating a requirement that licensed and permitted vendors have a present city issued identification picture card. This requirement will assist in enforcement to allow responding staff to know if the vendors are who they claim to be and if they are properly licensed with the City.

4. Ordinance No. 2023-04-CC maintains provisions for health, safety, and welfare reasons relating to distances for items such as clearance on a sidewalk for pedestrian travel; distance from any school property boundary because these locations often become congested with vehicles and pedestrians arriving and exiting schools due to limited parking onsite for schools; and from traffic control devices.

It is important to restate that regulations cannot be based on economic competition or a community perceived view of the business model. All regulations are required to be directly related to identifiable health, safety, and welfare reasons.

At the Special City Council meeting held on June 26, 2023, the City Council made some changes to the proposed ordinance presented at that meeting. Those changes include:

1. Providing more latitude for "roaming" sidewalk vendors to operate within the City Parks, even the two parks that have exclusive concession agreements. The Council removed proposed restrictions related to sports fields, playgrounds and other identified points of activities. Thus, permitted roaming sidewalk vendors to be able to vend within the parks as long as they remain on the sidewalk or an established pedestrian path.

2. The City Council also removed the additional fee associated with fingerprinting. These costs will be covered by the License Permit fee which is currently $176.

3. Finally, the City Council limited the 500 feet safety objective limitation from schools and playgrounds to applying only to stationary sidewalk venders. The rationale is that roaming sidewalk vendors must continue to be in motion unless they are making a sale to a customer. Thus, the concern about the concentration of customers that a stationary sidewalk vendor can create is less likely to occur with a roaming sidewalk vendor. It should also be reiterated that the 500 feet limitation only applies between the hours of 6:00 a.m. and 6:00 p.m. of any school day.

All these changes were adopted as amendments to the Ordinance and the City Council waived the full reading and approved the introduction of the Ordinance as amended.

ATT ACHMENT: Ordinance No. 2023-04-CC
6 17
ORDINANCE N0. 2023-04-CC

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SOUTH GATE, CALIFORNIA, AMENDING PROVISIONS OF

THE SOUTH GATE MUNICIPAL CODE PERTAINING TO
SIDEWALK VENDORS SECTION 2.10.150 (BUSINESS
REQUIRING A BUSINESS PERMIT) AND SECTION 2.10.970 (SIDEWALK VENDING PROGRAM) OF CHAPTER 2.10
(BUSINESS REGULATION) OF TITLE 2 (LICENSES - BUSINESS REGULATIONS), AND SECTION 7.39.010 (SALES FROM

NONMOTORIZED VEHICLES ON CITY STREETS
PROHIBITED) OF CHAPTER 7.39 (SALES FROM

NONMOTORIZED VEHICLES ON CITY STREETS PROHIBITED
EXCEPT DURING CITY-SPONSORED PARAI)ES) OF TITLE 7
(PUBLIC SAFETY AND MORALS), AND SECTION 8.14.010
(UNLAWFUL PARKING - PEDDLERS, VENDORS AND

VEHICLES ADVERTISED FOR SALE OR RENT) OF CHAPTER

8.14 (UNLAWFUL PARKING - PEDDLERS, VENDORS AND
VEHICLES ADVERTISED FOR SALE OR RENT) OF TITLE 8 (TRAFFIC) OF THE SOUTH GATE MUNICIPAL CODE
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City of South Gate has the authority to enact laws that promote the public health, safety, and welfare of its citizens, including sidewalk vending; WHEREAS, the state legislature recognized that the establishment of a sidewalk vending program would benefit local communities as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families, and by contributing to a diversity of food options and lively streets; WHEREAS, Senate Bill ("SB") 946 was signed into law on September 17, 2018, and became effective January 1, 2019;
WHEREAS, SB 946 limits the authority of cities and counties to regulate sidewalk vendors, except in accordance with California Government Code Sections 51038 and 51039;
WHEREAS, on December 11, 2018, the City Council of the City of South Gate adopted Ordinance No. 2357 which amended various provisions of the South Gate Municipal Code to create a sidewalk vending program in compliance with the City's general police powers and within the limitations imposed by SB 946; WHEREAS, SB 972 was signed into law on September 23, 2022, and became effective January 1, 2023;
Page I of 17
18 WHEREAS, SB 972 amends provisions of the California Retail Food Code, in part, in an effort to (i) increase Statewide opportunities for mobile food vending; (ii) modify potentially outdated health and safety regulations pertaining to mobile food facilities; and (iii) decriminalize violations of the Retail Food Code by sidewalk vendors to be consistent with SB 946;
WHEREAS, the City has recently seen a proliferation of sidewalk vendors that obstruct pedestrian paths of travel along sidewalks, and it is urgent that the City clearly set forth reasonable restrictions for the placement of sidewalk vendors to ensure free and clear access for pedestrians, including those using mobility devices; WHEREAS, the City has recently seen a proliferation of itinerant vendors conducting business on private real property under the concept that they qualify as sidewalk vendors, and it is urgent to modify the City's laws to clearly delineate the distinction between itinerant vendors/peddlers and sidewalk vendors; WHEREAS, with the passage of SB 972 and the adoption of more relaxed health standards by the Los Angeles County Health Department, some sidewalk vendors (Compact Mobile Food Operations) are exempt from the requirement of a Health Permit, and it is urgent for the City to modify its laws to allow such vendors to obtain a sidewalk vending permit from South Gate, as well as to impose reasonable time, place, and manner regulations upon the vendor to protect the public health, safety, and welfare; and, WHEREAS, the City Council of the City of South Gate seeks to balance the benefits provided by sidewalk vending (including promoting entrepreneurship, creating economic opportunities for financial self-support, and increasing access to desired foods and goods) with public health, safety, and welfare by imposing appropriate time, place, and manner regulations upon sidewalk vending activities within the City.

NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HF,REBY ORDAIN AS FOLLOWS:

SECTIONI. Section 2.10.150.A (Businesses requiring a business permit) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended as follows:

Sidewalk vendor;+
Skateboard center;o
Skating rink;o
Social club (proprietary);*o
Solicitation for charitable purpose;
Taxicab and taxicab driver;*+o
Tow truck and non-owner tow truck driver;+
Used vehicle sales;*o
Used equipment sales;o

19 58. Vehicle, trailer or equipment rental.
* indicates that such business activity requires a hearing before the city council before issuance of a business peimit.
+ indicates that such business activity is subject to insurance or bond requirements. o indicates that such business activity requires a permitted manager prirsuant to Section 2. 10.050.

SECTION2. Section 2.10.970. A.6 (Sidewalk vending
program:.Definitions: Goods or merchandise)) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

6. "Goods" or "merchandise" means any item that is not food.

Neither goods nor merchandise includes any type of service.

SECTION3. Section 2.10.970.A.9 (Sidewalk vending program:

Definitions: Pushcart or mobile cart) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby deleted in its entirety, with all remaining subsections of Section 2.10.970.A to be renumbered accordingly,
SECTION4. Section 2.10.970.A.13 (Sidewalk vending program:

Definitions: Sidewalk) of Chapter 2.10 ("Business Regulation") of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

13. "Sidewalk" means any paved surface in the public right-of- way provided for the use of pedestrian traffic. A sidewalk shall not include streets, alleys, parking lots or structures, designated bicycle paths/lanes, or any other public right-of-way used in whole or in part for motor vehicular travel, nor any parkway, roadway median, crosswalk, freeway on-ramp, or any privately-owned real property.

SECTION5. Section 2.10.970.A.15 (Sidewalk vending program:

Definitions: Sidewalk vendor) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

15. "Sidewalk vendor" means a person who sells food or merchandise from a sidewalk vending cart, or from one's person, exclusively upon a public sidewalk or other public path provided for the exclusive use of pedestrians - or within a public park. Sidewalk vendor does not include any person who is selling services. A sidewalk vendor shall also not include any vendor whose operation (including location of

20 vendor, equipment, vending cart, merchandise/food, or queue of customers) takes place in or upon any portion of a street, alley, parking lot or structure, dedicated bicycle path/lane, or any other public right-of-way used in whole or in part for vehicular travel, nor in or upon any parkway, roadway median, crosswalk, freeway on-ramp, or any privately-owned real property.

SECTION6. Section 2.10.970.A.16 (Sidewalk vending program:

Definitions: Sidewalk vendor) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows.

16. "Sidewalk vending cart" or "vending cart" shall mean a pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle as defined by the California Vehicle Code.

SECTION7. Section 2.10.970.A.22 (Sidewalk vending program:

Definitions: Sidewalk vendor) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby added to read as follows.

22. "Parkway" shall mean that portion of City property located between the sidewalk and the roadway.

SECTION 8. Section 2.10.970.D. (Sidewalk vending program: Business Licenses and Vending Permits) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

D. Business Licenses and Vending Permits.

1. Business License.
(a) No person shall commence or conduct, or purport to commence or conduct, or to engage in the activities of a sidewalk vendor in the City without having in possession a current and valid business license and paying the required tax therefor (as set forth in Section

2.08.040 of this code).

2. Sidewalk Vendor Permit.
(a) Permit. No person shall commence or conduct, or purport to commence or conduct, or to engage in the activities of a sidewalk vendor in the City without having in possession a current and valid sidewalk vendor business permit and paying the required fees therefor (as set forth in Section 2.10.050 of this code).

21 (b) Application. In addition to the information required by Section 2.10.140 of this code, an application for a sidewalk vending business permit shall include the following information:
(1) The legal name, date of birth, current
mailing address and telephone number of the applicant; (2) Whether the applicant a seeking
authorization to operate as a roaming sidewalk vendor or a stationary sidewalk vendor;
(3) A description of the food and/or
merchandise the applicant proposes to vend;
(4) A description of any sidewalk vending cart
the applicant intends on using in conjunction with the vending operation - including measurements of the height, width, and depth of the vending cart;
(5) A description, map, or drawing of the
specific location (for stationary sidewalk vendor) or route (for roaming sidewalk vendor) where the applicant proposes to vend; (6) The hours per day and the days per week
during which the applicant proposes to vend;
(7) A maintenance plan that includes litter
pickup in the vicinity of the proposed vending location or the proposed vending route, as well as the law'ful disposal of any liquid or solid waste resulting from the vending operation (including, but not limited to, fats, oil, juice, cooking material, scraps, etc.). The maintenance plan shall also include a description of how any equipment used in the sidewalk vending operation (including, but not limited to, utensils, containers, grills, etc.) will be cleaned and sanitized;
(8) A copy of a current and valid business
license issued pursuant to Title 2, Chapter 2.08 of this code - or, alternatively, proof that a complete business license application and corresponding business taxes have been submitted to the City to be processed concurrently with the sidewalk vending business permit; (9) A copy of a current and valid California
Seller's Permit issued to the applicant by the California Department of Tax and Fee Administration pursuant to California Revenue and Taxation Code Section 6067 (or any subsequently adopted amendment thereto); (10) If the applicant proposes to vend food, a
certification of completion of a food handier course and proof of all required approvals from the Los Angeles County Department of Public

22 Health - including a copy of the applicant's current and valid Los Angeles County Health Permit (unless the applicant is exempt from a Health Pertnit pursuant to California Health & Safety Code Section 114368. 1(a)); (11) If the applicant proposes to vend food, proof of access to an approved and readily available toilet and handwashing facility, in accordance with California Health & Safety Code Sections 114315 and 114368.7 (as those provisions may be amended from time to time);
(12) A copy of the applicant's current and valid
social security card, driver's license or identification card issued by the State of California, taxpayer identification number, or an identification card issued by another municipality;
(13) Proof of comprehensive liability insurance
in an amount not less than one million dollars ($1,000,000.00). Such insurance shall name as additional insured the City of South Gate, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without thirty (30) days advance written notice to the City of South Gate;
(14) An agreement by the applicant to indemnify
and hold harmless the City, its officers and employees, from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's vending location;
(15) Certification by the applicant, under penalty
of perjury, that the information contained in the application is true to his or her knowledge and belie'f; and
(16) Any other reasonable information regarding
the time, place, and manner of the proposed sidewalk vending activities.

The applicant shall also submit a photograph of the applicant and a complete set of the applicant's fingerprints to the South Gate Police Department, or designee thereof, in a manner and fortn approved by the South Gate Police Department. Pursuant to California Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the South Gate Police Department to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in this Chapter.
(c) Renewal of Permit. Notwithstanding any other
section of this Code to the contrary (including the provisions of Sections

2.10.060.B and 2.10.250 of this Code), any applicant seeking to renew a sidewalk vending permit shall submit a new application for a sidewalk

23 vending permit in accordance with the provisions of Sections 2.10.140 and

2.10.970.D.2(b); and any application for a renewal of a sidewalk vending petatnit shall be reviewed and acted upon by the City in accordance with the provisions of Chapter 2. 10 applicable to new business permits. (1) An applicant's stationary location and/or
roaming route will be reviewed for compliance with the provisions of this Code with each renewal application; and the issuance of a sidewalk vending pertnit does not convey a vested tight to any permittee or applicant to vend at the same stationary location or along the same roaming route during any subsequent permitting period. (d) Permit Non-Transferable. A sidewalk vending
permit issued pursuant to the provisions of this Chapter shall be valid only for the individual sidewalk vendor to whom the permit has been issued and shall not be transferable to any other vendor, person, employee, entity, cart, location, or route.
(e) Conditions of Approval. Notwithstanding the
provisions of Section 2. 10.330 of this code, sidewalk vendors shall adhere to all operating requirements set forth in this Chapter, and all restrictions, limitations, and operating requirements set forth in this Chapter (including those set forth in Section 2.10.970.E) shall constitute conditions upon any sidewalk vending permit issued pursuant to this Chapter.

I
SECTION9. Section 2.10.970.E. (Sidewalk vending program:

Additional Operational Requirements for Vending) of Chapter 2.10 (Business Regulation) of Title 2 ("Licenses - Business Regulations") of the South Gate Municipal Code is hereby amended to read as follows:

E. Operating Requirements for Sidewalk Vending.

1. General Operating Requirements. All sidewalk vendors shall comply with the following operating requirements and prohibitions. (a) Stationary sidewalk vendors shall only conduct vending operations at the location approved by the City and shall display a City-issued sidewalk vending permit on the street-side portion of the City- approved vending cart, or, if no cart is utilized, upon his or her person at all times while conducting vending operations.
(1) Stationary sidewalk vending is prohibited in
all areas of the City that are zoned exclusively residential. (b) Roaming sidewalk vendors shall only conduct
vending operations along the route approved by the City and shall prominently display a City-issued sidewalk vending permit on the City-

24 approved vending cart where visible to patrons, or, if no cart is utilized, upon his or her person at all times while conducting vending operations. (1) Roaming sidewalk vendors shall move
continuously except when necessary to complete a sale. (2) Roaming sidewalk vending within
residential areas of the City is prohibited between the hours of 6 p.m. and 9 a.m. of the subsequent day.
(c) No sidewalk vendor shall utilize a vending cart that has not been issued and is not displaying a current and valid decal issued by the City for said vending cart.
(d) Unless otherwise exempted, pursuant to California Health & Safety Code Section 114368.1, no sidewalk vendor shall utilize a vending cart for the display or sale of food that has not been inspected and approved by the Los Angeles County Department of Public Health for sidewalk vending activities.
(l) No sidewalk vendor shall utilize any
vending cart to vend any type of food for which the vending cart was not explicitly authorized and approved by the Los Angeles County Department of Public Health.
(e) No sidewalk vendor shall utilize any vending cart before sunrise or after sunset, or in a location with insufficient lighting (as determined by the City), unless it is equipped with lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart. (f) For the health and safety of vendors, patrons, pedestrians, and motorists, sidewalk vendors shall not vend to customers in vehicles unless said vehicles are lawfully parked, and shall not cause vehicles to stop in traffic lanes nor any persons (including vendors and patrons) to stand on a street, alley, parking lot or structure, bicycle path/lane, or any other public right-of-way used in whole or in part for vehicular travel or parking, nor in or upon any privately-owned real propeity.
(g) Sidewalk vendors shall not operate in any location set forth in Section 2. 10.970.F of this Chapter.
(h) Sidewalk vendors shall not operate in any manner that results in the blocking or obstructing of the free movement of pedestrians on sidewalks by the vendor, vendor's cart or equipment, or patrons; and sidewalk vendors must maintain a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the paved portion of the sidewalk upon which the vendor is vending so as to

25 enable persons to freely pass while walking, running, or using mobility assistance devices.
(i) Sidewalk vendors shall not block or impede
pedestrian or vehicular access to buildings, driveways, parking spaces, or windows.
(j) Vending carts or other accessory equipment shall not touch, lean against, or be affixed or fastened at any time to a building or to any pole, sign, tree, lamppost, parking meter, mailbox, traffic signal, hydrant, bench, bus shelter, newsstand, waste receptacle, or traffic barrier located in or adjacent to the public right-of-way.
(k) No vending cart shall exceed a length of seventy- two inches (72"), a width of forty-eight inches (48"), or a height including roof or awning, of seventy-two inches (72"). (l) Sidewalk vendors shall not vend, use, or display any of the following:
(l) Live animals;
(2) Adult-oriented material depicting,
describing, or relating to specified anatomical areas or specified sexual activities [as defined by Section 2.10.400.C of this code]; (3) Alcohol;
(4) Cannabis;
(5) Tobacco, tobacco products, e-cigarettes, or
any product used to smoke, inhale, or vape nicotine or cannabis; (6) Counterfeit merchandise; or,
(7) Any food or merchandise for which a
conditional rise permit or other land-use entitlement is required. (m) Sidewalk vendors shall not use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound. (n) Sidewalk vendors shall not attach balloons,
streamers, ribbons, pinwheels, flags, and other visual marketing aids to the vending cart other than a sign(s) that is/are attached to the vending cart and that does not exceed or extend beyond the height, width, or length of the vending cart.

26 (o) Sidewalk vendors shall not cause, allow, or suffer the placement of fences, shade structures, umbrellas, chairs, or other furnihire, rugs, towels, blankets, tarps, or fabric of any kind upon the sidewalk or upon private property in conjunction with the vending operation (whether for the display of goods or any other reason). (1) An umbrella or other shade structure may be
used in the sidewalk vending operations if attached to the vending cart and it does not exceed the overall width, length, or height restriction applicable to vending carts set forth in Section 2.10.270.E.1(k) of this Chapter. (p) Sidewalk vendors shall provide a City-approved
waste receptacle for use by its patrons, and shall not otherwise cause, pertnit, or suffer any litter, food, or other discarded or abandoned object to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City. Sidewalk vendors shall maintain the area within a twenty-five-foot (25') radius of the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the sidewalk vendor shall pick-up, remove, and lawfiilly dispose of all byproducts (including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or patron) within a twenty-five- foot radius (25') of the vending location. Cooking oil and grease resulting from the sidewalk vending operation must be removed from the sidewalk vending area in a non-flammable, sealed container.
(q) Food, goods, merchandise, carts, and other
equipment used in sidewalk vending activities shall not be le'ft unattended or abandoned in the public right-of-way at any time. (r) Sidewalk vendors shall offer all patrons to receive proof of purchase of any food or merchandise in the following manners:
(1) E-mail receipt;
(2) Text message receipt;
(3) Paper receipt;
(4) No receipt.
(s) Sidewalk vendors who prepare food onsite by
means of a grill, stove, or open flame shall keep an easily accessible, properly charged and maintained 10 BC-rated fire extinguisher on the vending cart at all times and be familiar with its use. The fire extinguisher must also meet the following criteria:

27 (1) Fire extinguisher must have been serviced
within the previous twelve (12) months and have a valid California State Fire Marshal service tag attached;
(2) Fire extinguisher must be securely mounted
to the vending cart;
(3) Fire extinguisher shall not be located
directly next to a cooking surface or open flame.
(t) Notwithstanding any other provision of this code, sidewalk vendors shall not operate in any location or in any manner that creates a hazard to pedestrians or vehicular traffic. (u) Sidewalk vendors shall strictly comply with all other applicable Federal, State, and local laws and regulations.

2. Additional Operating Requirements for Stationary Sidewalk Vendors. In addition to the general operating requirements set forth in Sections 2.10.970.E.1 and 2.10.970.F of this Chapter, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any sidewalk vending business permit for a stationary sidewalk vendor.
(a) Stationary sidewalk vendors shall remove any
vending cart or equipment used in the vending operation from the sidewalk each day at the close of business.
(b) Stationary sidewalk vendors shall maintain a
separation of at least twenty-five feet (25') from any other stationary sidewalk vendor regulated by this Chapter or any other sidewalk sale or display as permitted pursuant to Chapter 5.10 of this code, so as to allow for queuing and to prevent sidewalk congestion, while safeguarding the health and safety of vendors, patrons, pedestrians, and motorists, and to protect accessibility requirements on sidewalks.
(c) Stationary sidewalk vendors shall not cause, allow, or suffer the erection or placement of any signs on upon the public sidewalk, nor upon any pole, sign, tree, lamppost, parking meter, mailbox, traffic signal, hydrant, bench, bus shelter, newsstand, waste receptacle, or traffic barrier located in or adjacent to the public right-of-way. (d) Stationary sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines that originate from or otherwise service any public or private property during the vending OperatlOn;

28 3. Additional Operating Requirements in Parks. In addition to the operating requirements set forth in Sections 2.10.970.E.1,

2.10.970.E.2, and 2.10.970.F of this Chapter, sidewalk vendors operating within a park shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any sidewalk vending business permit for a sidewalk vendor operating within a park.

A. Stationary sidewalk vendors are prohibited from operating within any portion of a City park or on any sidewalk within one hundred feet (100') of a City park for which the City has signed an agreement for concessions that permits for the sale of merchandise or food exclusively by the concessionaire.

B. In order to protect the health, safety, and welfare of sidewalk vendors, patrons, and other persons frequenting or using the services available at a park, and to ensure the public's use and enjoyment of natural resources and recreational oppoitunities within a park, stationary sidewalk vendors shall not vend within one hundred feet (100') of the following locations within a park:
(l) Any field, couit, or pitch that is primarily
designed for use in sporting activities (including, but not limited to, baseball field, softball field, football field, basketball court, tennis court, soccer pitch, volleyball court, and handball court), while said area is in use for such sporting activity;
(2) Any playground, recreational water feature,
or exercise area, while said area is in use;
(3) Any restroom facilities;
(4) Any concession area.

C. Notwithstanding any provisions to the contrary, to protect the health, safety, and welfare of sidewalk vendors, patrons, and other persons frequenting or using the services available at a park, and to prevent fires, burns, and other injuries, sidewalk vendors of food shall not operate within any park except in those portions of the park designated for cooking or barbecuing
D. Sidewalk vendors shall not conduct any portion of their vending operation on unpaved surfaces within a park.

SECTIONIO. Section 2.10.970.F. (Sidewalk vending program:

Placement of Stationary or Pushcarts) of Chapter 2.10 (Business Regulation) of Title 2

29 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

F. Prohibited Locations for Sidewalk Vending

1. To safeguard the health and safety of vendors, patrons, pedestrians, and motorists, to minimize stop-and-go or added sudden movements on City streets, protect accessibility requirements on sidewalks, and to ensure emergency egress from buildings adjacent to sidewalks, sidewalk vendors shall not operate in (nor shall a sidewalk vendor allow any employee, equipment, vending cart, merchandise/food, or queue of patrons to be located in) any of the following locations:
(a) Within twenty-five feet (25') of any street
intersection;
(b) Within twenty-five feet (25') of any traffic control device (including traffic signals and traffic signs); (c) Within ten feet (10') of a fire hydrant or connection, fire call box, or other emergency facility;
(d) Withinthreefeet(3')oftheedgeofanycurb;
(e) Within twenty-five feet (25') of any driveway or driveway apron;
(f) Within twenty-five feet (25') of a marked
crosswalk;
(g) Within twenty-five feet (25') of a curb return of an unmarked crosswalk;
(h) Within forty-five feet (45') of a bus bench, bus shelter, any public transportation waiting area/stop, or sign designating a bus stop;
(i) Within fi:[ty feet (50') of any railroad crossing or other opening providing pedestrian or vehicular access to railroad tracks; (j) Within ten feet (10') of an outdoor dining or patio dining area;
(k) Within ten feet (10') of an Automatic Teller Machine ("ATM");
(l) Within forty-five feet (45') of a construction or maintenance zone;

30 (m) Within twenty-five feet (25') of any entrance or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein; (n) Within five hundred feet (500') of any permitted certified farmers' market, permitted swap meet, or an area designated for use pursuant to a temporary special permit (including, but not limited to, special event permits and filming permits), from one hour before, during, and one hour after the operating hours of the certified farmers' market, swap meet, or temporary special permit;
(l) For purposes of this Section, "certified
farmers' market" shall mean a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that Chapter (including those contained in Section 9420.16 of this code).
(2) For purposes of this Section, "swap meet"
shall mean a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business & Professions Code, and any regulations adopted pursuant to that A+ticle. (o) Upon any sidewalk in the City that is within five hundred feet (500') of the nearest property line of any property on which a school building or playground is located (irrespective of whether the school or playground is located in the City) between the hours of 6 a.m. and 6 p.m. of any school day (as applied to stationary sidewalk vendors only)
(p) Within or on any median strip or dividing section of any street;
(q) Within any publicly- or privately-owned parking lot or parking structure;
(r) Within any landscaped area or on an unpaved surface;
(s) Within any public property that is not set aside for the exclusive use of pedestrians;
SECTION 11. Section 2.10.970.G.1(a)(4) (Sidewalk vending program:

Monitoring and Compliance) of Chapter 2. 10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

31 (4) An administrative fine of one thousand dollars ($1,000) for a fourth and each subsequent violation.

SECTION 12. Section 2.10.970.G.1(b)(4) (Sidewalk vending program:

Monitoring and Compliance) of Chapter 2.10 (Business Regulation) of Title 2 ("Licenses - Business Regulations") of the South Gate Municipal Code is hereby amended to read as follows:
(4) An administrative fine of five hundred dollars for a fourth and each subsequent violation and revocation or suspension of permit or license.

SECTION13. Section 2.10.970.G.2 (Sidewalk vending program:

Monitoring and Compliance) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

2. The City may revoke or suspend a permit or license or order the confiscation, impoundment, or removal of a cart, food, or merchandise as allowed pursuant to the provisions of this Chapter or as otherwise allowed by law.

SECTION 14. Section 2.10.970.G.3 (Sidewalk vending program:

Monitoring and Compliance) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby amended to read as follows:

3. Revocation or License or Permit.
(a) Upon a fourth or subsequent violation of any provision of this Chapter, the City shall suspend, revoke, or rescind a sidewalk vending regulatory permit pursuant to the provisions of Sections 2.10.270 et seq. of this Chapter.

SECTION 15. Section 2.10.970.H (Sidewalk vending program: Vending in City Parks) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby deleted in its entirety.

SECTION 16. Section 2.10.970.I (Sidewalk vending program: Vending Within the Immediate Vicinity of a Permitted Certified Farmer's Market or Permitted Swap Meet) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby deleted in its entirety.

SECTION 17. Section 2.10.970.J (Sidewalk vending program:

Severability) of Chapter 2.10 (Business Regulation) of Title 2 (Licenses - Business Regulations) of the South Gate Municipal Code is hereby deleted in its entirety.

32 SECTION 18. Section 7.39.010 (Sales from nonrnotorized vehicles on city streets prohibited.) of Chapter 7.39 (Sales From Nonmotorized Vehicles On City Streets Prohibited Except During City-Sponsored Parades) of Title 7 (Public Safety and Morals) of the South Gate Municipal Code is hereby amended to read as follows:

Except as provided in Chapter 2.10.970 of this code and in Section 7.39.020 of this chapter, no person, firm or corporation shall peddle or use a pushcart, handcart or non-motorized vehicle to sell or distribute ice cream, popsicles, confections, food or other goods, wares or merchandise in or on any public street, sidewalk, doorway, building, unenclosed vacant lot or park in the City of South Gate. Except as provided in Chapter 2.10.970 of this code and in Section 7.39.020, no person, firm or corporation having ownership, control, dominion or the interest in or over a pushcart, handcart or other non-motorized vehicle shall authorize or permit such pushcait, handcart or other non-motorized vehicle to be used for the sale or distribution, or in coru'iection with the sale or distribution, of ice cream, popsicles, confections or other goods, wares or merchandise in or on any public street, sidewalk, doorway, building, unenclosed vacant lot or park in the City of South Gate. For purposes of this chapter, "peddle" means and includes hawking, selling or offering to sell any foods, drinks goods, wares or merchandise:

1. By traveling from place to place, by foot or by use of a non- motorized vehicle; or

2. From a stationary location on any public street, sidewalk, doorway, building, unenclosed vacant lot or park in the City of South Gate. This section shall supersede other conflicting sections in this code.

SECTION 19. Section 8.14.010 (Unlawful parking - Peddlers, vendors and vehicles advertised for sale or rent.) of Chapter 8.14 (Unlawful Parking - Peddlers, Vendors and Vehicles Advertised For Sale Or Rent) of Title 8 (Traffic) of the South Gate Municipal Code is hereby amended to read as follows:

G. Notwithstanding any other provisions of this title, no person shall sell, offer for sale, give away, solicit the sale of, or expose for sale in or upon any street, sidewalk or parkway within the city, any foods, goods, wares or merchandise, fruits, vegetables, peanuts, popcorn, candy, ice cream, confections or other articles of food within five hundred feet (500') of the nearest property or boundary line of any public, private or parochial school or school grounds; and no person shall sell, offer for sale, give away, solicit the sale of, or expose for sale any of such articles or commodities in, or on the grounds of, any such school without first having obtained the written consent of an authorized official of any such school.

33 SECTION 20. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other Ordinance or provision of the South Gate Municipal Code referenced in this Ordinance shall affect in any manner any offense or act committed or done or any penalty or forfeiture incurred, or any right established or accruing before the effective date of this Ordinance; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this Ordinance. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be constnied as restatements and continuations, and not as new enactments. The provisions of this Ordinance shall have priority over substantially similar provisions previously adopted by the City relating to the same subject matter. All fee schedules shall remain in full force-and-effect until superseded by Council Resolution.

SECTION 21. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 22. This Ordinance shall take effect and be in force on the thirty-first (31S') day a'fter its adoption.

SECTION23. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as reqriired by law.

PASSED, APPROVED and ADOPTED this Ilth day of July 2023.

CITY OF SOUTH GATE:

B7:

ATTEST: Maria del Pilar Avalos, Mayor
B7:

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

BY:

James Eckart, Special Legal Counsel

34 CITYMANAaER'S OFFICE
Item No. 3
JUN 28 2023
'6" r6;p=b,
City of South Gate

CITY COUNCIL

ACJENIDA BULL
Department Director:

For the Regular Meeting of: July 11, 2023
rtment: Public Works
Citv Manage
o Cervantes Chris Jeffers
SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND

AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE URBAN ORCHARD, CITY PROJECT NO. 539-PRK WITHOUT PUBLIC BIDDING, PURSUANT TO THE EMERGENCY

CONTRACTING PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND

THE CALIFORNIA PUBLIC CONTRACT CODE
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project without public bidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring construction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition until the County authorizes construction work on the project to resume.

RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting a Resolution declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.

FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $25.5 Million in grant and other funds for design, construction, operations, and maintenance, as summarized below. The process has begun to enter into an agreement with Caltrans to receive an additional $5 Million.

ANALYSIS: The Project was under construction and approximately 80% of construction work has been completed. On December 29, 2022, the City received a Corrective Action Order ("Order") from the County. The Order required the City to stop all construction activities until such time as a Post Closure Land Use Plan ("PCLUP") for the Project site was approved by the County. Given the PCLUP approval process and input received to date, it will take at least several months, possibly six or more, to obtain approval. 1 35
To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City Council terminated the general contractor's agreement at a Special City Council meeting on February 6, 2023. Such termination provided both immediate and long-term cost savings to the City but also created an irnrnediate need for the City to retain an interim contractor to perform certain ongoing maintenance and safety activities; a need which must be met sooner than the time necessary to engage in normal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to the public's safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff is recommending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (1) declares an emergency, (2) authorizes the City Manager to take such actions deemed necessary to cause the maintenance activities to be performed and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fi'fth's vote, that there is a need to continue the emergency action until the emergency action is terminated.

The City is working diligently to secure the PCLUP approval. The process has been initiated with the submittal of technical documents such as the Workplan for interim measures and a Summary of Site Investigation.

Since the original Resolution declaring an emergency was approved by the City Council on February 6, 2023, the following contracts, expenditures, and milestones have been undertaken:

1. NR Development Inc., was informed that Contract No. 2021-66-CC was terminated by the City Council effective February 13, 2023, except for maintenance activities. Staff met with NR Development Inc., to discuss the steps to close out construction activities and continue maintenance activities. As of February 16, 2023, NR Development Inc., is no longer providing any project services or maintenance activities.

2. City forces are providing maintenance services of the site. The site has been secured with perimeter fencing and security contract services.

3. Coordination with the Trust for Public Land ("TPL") to complete the process to prepare the technical documents necessary to secure a replacement contractor was completed. Preliminarily selected a recommended interim contractor; conducted a field 2 36
review; and received a fee proposals for the interim maintenance and construction activities approved by the Local Enforcement Agency ("LEA"). Received a proposal from the contractor and have begun negotiations.

4. Submitted to the LEA the Summary of Investigations Report, Workplan of Interim Control Measures ("WICM"), Supplemental WICM and Phase II Workplan. Received approval of the WICM and conditional approval of the Phase II Workplan. Submitted a revised WICM as requested by the LEA. Submitted the revised Phase II Workplan on April 18, 2023. On May 9, 2023, the LEA approved the Revised WI(J for which the safety measures were implemented by May 12, 2023. On May 25, 2023, the LEA approved the Phase II Workplan. The implementation of the Phase II Workplan is scheduled to begin in June 2023.

5. Approved a 'tunding increase for TPL in the amount of $50,000. On January 24, 2023, the City Council approved a $250,000 budget for Amendment No. 6 to Contract No. 3352 with the TPL, however, Amendment No. 6 had a budget requirement of $300,000. A budget increase of $50,000 was administratively approved to align the amount of the budget authority with the $300,000 budget requirement for Amendment No. 6, which provides funding for the technical services required to comply with requirements from the LEA.

6. A $2,919,248 bid was received from LA Engineering to complete the construction of maintenance activities in the WICM approved by the LEA for the Urban Orchard Project. A construction contract is being processed and executed administratively under the authority granted by the subject resolution.

BACKGROUND: The Project is a part of the FY 2022/23 Capital Improvement Program. The Project is located between the Los Angeles River, Firestone Boulevard, the Thunderbird Villa Mobile Home Park, and the I-710 Freeway. Two primary purposes of the Project are to divert and treat storm water run-off from the Los Angeles River and provide recreation opportunities to South Gate residents.

The Project is being constructed on a property that was used as an unpermitted landfill until 1949 by an entity known as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Information System ("SWIS") as an Unpermitted Closed Solid Waste Disposal Site and SWIS No. 19-AA-5545. In 1984, the State of California Department of Health Services, Toxic Substances Control Division concluded that the clean-up work completed effectively mitigated waste constituents to proceed with the Lewis Homes residential development project. The requirements of the PCLUP came into effect in 1988. As such, the project site is subject to State solid waste regulations that require the PCLUP before any change to the current land use, construction, or land preparation can occur.

The Los Angeles County Department of Public Health, Solid Waste Management Program, acts as the LEA for the State of California's Department of Resources Recycling and Recovery ("CalRecycle"). The County is authorized by Division 30 of the Public Resources Code 3 37
("PRC"), Section 43209 and 45000, Title 14 and 27 of the California Code of Regulations (14 CCR & 27 CCR), to enforce applicable solid waste regulations and to ensure solid waste sites meet the state minimum standards within the County of Los Angeles. As such, the City is working with the LEA to obtain approval of the PCLUP.

Construction is currently at the 80% completion stage. Improvements that have been substantially completed include, but are not limited to, rough grading, drop inlet for storm water diversion structures in the Bandini Channel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restroorn/maintenance building, two shade structures, a water element at the playground, installation of multi-use walking and bicycle pathways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, and pathway lighting. The total estimated cost of improvements completed to date is over $12 million.

The Project has received the listed grants. The process has begun to enter into an agreement with Caltrans to receive an additional $5 Million for a grand total of $30.5 Million.

Grants Amount Grant Recipient
State Water Resource Control Board (Prop l) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe Clean Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Rivers and Mountains Conservancy Funds $4,404,798 TPL Private Donations $90,000
Total $25,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 38
Attachment A
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOUTH GATE, ST ATE OF CALIFORNIA, DECLARING AN

EMERGENCY STILL EXISTS AND AUTHORIZING

REPAIR, REPLACEMENT OR MAINTENANCE

ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE

URBAN ORCHARD PROJECT WITHOUT PUBLIC

BIDDING, PURSUANT TO THE EMERGENCY

CONTRACTING PROCEDURES OF THE SOUTH GATE

MUNICIPAL CODE AND THE CALIFORNIA PUBLIC

CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; WHEREAS, construction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete;
WHEREAS, the City has received notice from the Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City immediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order");
WHEREAS, the City has terminated its construction agreement withthe contractor, except for the requirement for the contractor to perform certain maintenance activities; WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities"); and WHEREAS, at a special meeting of the South Gate City Council ("Council") held on Monday, February 6, 2023, the Council received information provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the immediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids.

Page l of 3
39 NOW, THEREFOR, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL OF

THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKF,S THE FOLLOWING FINDINGS:

1. The County's issuance of the Cease and Desist and Corrective Action Order at the current stage of the Project work, coupled with the immediate and ongoing need to perform the Maintenance Activities, has created an emergency for the City with respect to the Project; and

2. The emergency will not permit a delay resulting from a competitive solicitation for bids to perform the Maintenance Activities; and

3. The actions to be taken pursuant to the Resolutions set forth below continue to be necessary to respond to the emergency.

NOW, THEREFOR, THE COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals and findings are true and correct and incorporated herein by reference.

SECTION 2: Pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code Fg 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and without regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.

SECTION 3: At each regularly scheduled meeting of the Council after the date of the original Resolution, dated February 6, 2023, until further notice from the Council, the City Manager has and shall continue to present to the Council the reasons justifying the emergency, that the emergency declaration will reduce delays and associated costs that would otherwise result from the competitive solicitation for bids and why that action is necessary to respond to the emergency.

SECTION 4. At each such regularly scheduled meeting until the emergency action is terminated, the Council shall review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action.

SECTION 5. The Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the Maintenance Activities may be completed by giving notice for bids to let contracts.

SECTION 6. In accordance with the provisions of California Public Contract Code § 22050, this Resolution shall only be effective if passed by a four-fifths vote of the Council.

40 SECTION 7. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 11th day of July 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

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

By:

R4ul F. Salinas, City Attorn-ey

41 €ITYMANAGER'S OFFICE Item No. 4
JUN 2 8 2023
"80F' City of South Gate

CITY COUNCIL
AGENDA JBJJ.LL
For the Regular Meeting of: July 11, 2023
Origiiiating Department: Administrative Services
Department Director:

Kristopher Ryan
City Maixager:

Je,fers
SUBJECT: RESOLUTION APPROVING THE INITIATION OF THE CALPERS PROCESS FOR RETIREMENT COST SHARING UNDER GOVERNMENT CODE SECTION 20516(a)

FOR UNCLASSIFIED EXECUTIVE MANAGEMENT CONTRACT EMPLOYEES PURPOSE: To consider adopting a resolution approving the initiation of the California Public Employees' Retirement System ("CalPERS") process for retirement cost sliaring under Government Code Section 20516(a) for uiiclassified executive management contract employees ("Executives") that specifically identifies tlie information required in order to amend tlie contract witli CalPERS.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution approving tlie initiation of the CalPERS process for retirement cost sharing under Government Code Section 20516(a) for rinclassified executive management contract employees.

FISCAL IMPACT: The estimated savings from implementing tlie cost sharing program is $17,600 in Fiscal Year 2023-2024 and will progressively grow by the ai'inual wage increases each year thereafter.

ANALYSIS: None
BACKGROUND: Govetani'nent Code 20516(a) allows agencies and tlieir employees to agree in a memorandum of understanding ("MOU") to share in tlie costs towards retirement benefits. During the most recent contract negotiations between the City and all labor grorips, each labor group agreed to have their members participate in a cost sharing program. Staff has amended the contract with CalPERS for each of tlie labor groups to begin sharing in the costs towards retirement benefits.

Tl'ie City is also interested in having tlie unclassified executive management contract employees paiticipate in cost sharing towards tlieir CalPERS retirement benefits along with the other City employees. The City Council adopted a resolution back on September 13, 2022, that approved updated salary tables and benefit schedules for the Executives. The updated benefit schedules called for all Executives to pay 1% towards tlie employer CalPERS contribution as cost sharing to be implemented by a CalPERS contract amendment, rinless said Executives do not approve the contract amendment with a majority vote. If the Executives were not to approve the cost sharing program with a majority vote, tlieir proposed salary range effective the first pay period in July 2023 will be reduced by 1%. 1 42
To initiate the cost sharing process witl'i CalPERS for rinrepresented employees via a formal contract an'iendment, a resolution needs to be approved by the City Corincil requesting to initiate tlie process with CalPERS. Tl'ie reason for tliis resolution is because tlie Executives do not have a fortnal MOU and CalPERS reqriires that all unrepresented members formally acknowledge tlie intent of participating in a cost sharing prograi'n.

Once this resolution is adopted, then staff will proceed witli the following steps to amend tl'ie contract with CalPERS:

1. Hold a priblic hearing to adopt a Resolution of Intention and introduce an Ordinance to amend tlie CalPERS contract.

2. Conduct a secret ballot election with affected members.

3. Consider final adoption of Ordinance.

ATTACHMENT: Proposed Resolution
2 43
RESOLUTION NO.

CITY OF SOUTH GATE,

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, APPROVING THE INITIATION OF THE

CALPERS PROCESS FOR RETIREMENT COST SHARING UNDER GOVERNMENT CODE SECTION 20516(a) FOR UNCLASSIFIED

EXECUTIVE MANAGEMENT CONTRACT EMPLOYEES
WHEREAS, ru'irepresented executive management contract employees wlio are not covered by a Memorandum of Understanding;
WHEREAS, changes to wages and benefits for ru'irepresented executive management contract employees are recommended by the City Manager and approved by the City Council; WHEREAS, the City is interested in having all Classic unrepresented executive management contract employees and PEPRA unrepresented executive management contract employees participate in employee cost sharing towards the employer CalPERS contribution prirsuant to Government Code Section 20516(a);
WHEREAS, CalPERS reqriires tliat tlie City Council adopt a resohition that specifically identifies the information for unrepresented employees in order to amend the contract with CalPERS to include cost sharing for tlie following employees:
@ All unrepresented executive management contract employees, "Classic" and "PEPRA" as defined by CalPERS, sliall pay an additional 1% towards tlie employer rate per Government Code 20516(a) as soon as administratively possible with CalPERS.

WHEREAS, tliis Resotution is an agreement between the City of Soutli Gate and its unrepresented executive management contract employees to include cost sharing, pursuant to Government Code 20516(a).

NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.

SECTION 2. Tlie City Council approves this Resolution to initiate the CalPERS contract amendment process by amending the existing contract between the City of South Gate and CalPERS under Government Code 20516(a).

Page I of 3 44
SECTION 3. The City Clerk shall ceitify to tlie adoption of this Resolution which sliall be effective upon its adoption.

PASSED, APPROVED, and ADOPTED on this Ilth day of July 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

B7:

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

B7:

City of South Gate Unrepresented Executive Management Contract Employees Aituro Cervantes, AsSistant City Manager/Director of Public Works Jon Hamilton, Director of Human Resorirces
Darren Arakawa, Police Cl'ffef
Steve Costley, Acting Director of Parks and Recreation Meredith Elguira, Director of Cominunity Development Thurman Green, Risk Manager
David Torres, Field Operations Manager
Carol Averell, Housing Manager

Item No. 5
CiTfifflANAaER'S OFFICE
JUN 2 9 2023
9io0p+ Cig of South Gate

CITY COUNCIL
AGE'fVIDA LBT[T[,T[,
For the Regular Meeting o'f: July 11, 2023
Originating Department:

DepartmerxtDirector: ?D"?arrenA'74'l/rakawia CityManager: ' &hris Jeffers SUBJECT: AMENDMENT N0. 4 TO CONTRACT N0. 3525 WITH SEAACA FOR ANIMAL CONTROL SERVICES DURING THE FISCAI, YEAR 2023-2024 PURPOSE: To approve Amendment No. 4 to Contract 3525 with the Southeast Area Animal Control Authority ("SEAACA") for Animal Control Services for Fiscal Year 2023-2024 and associated costs.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 4 to Contract No. 3525 with the Southeast Area Animal Control Authority for annual cost increase for animal control and sheltering services in an amount not to exceed $792,630 for Fiscal Year 2023/24; and b. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.

FISCAL IMPACT: The net cost to the General Fund for animal control and sheltering services for Fiscal Year 2023/24 will not exceed $792,630, which is an increase of 8% above FY 22-23 costs.

ANALYSIS: SEAACA is a public agency and is organized by the Cities of Downey, Norwalk, Pico Rivera, Bell Gardens, Montebello, Paramount, Santa Fe Springs, and South El Monte, otherwise known as the Joint Powers Agreement (JPA) cities. SEAACA also provides 24-hour animal control services on a contract basis to the City of South Gate and three (3) other cities in Los Angeles and Orange County.

In FY 2019/20, the City of South Gate entered a five (5) year contract agreement with SEAACA.

Every year following the first year of the five-year contract an amendment to the original contract is proposed to the City, which reflects any changes and/or increased costs for service.

Apossible alternative for animal control services is the Los Angeles County Department ofAnimal Care. Staff contacted the LA County Department of Animal Care and requested a cost estimate for animal care service for the City of South Gate. A representative from the contracts and grants unit advised that they currently do not have the resources or capacity to provide services for the City of South Gate and, therefore, did not provide a quote. 1 47
BACKGROUND: The proposed SEAACA Agreement for animal control services for Fiscal Year 2023/24 is $1,015,630, which is an 8% rate increase from last year's cost of $940,398. The guaranteed licensing and penalty revenue fees are expected to remain at $223,000, which results in a net cost of $792,630. The 8% rate increase accounts for salary increases and rising costs associated with electric, water, cleaning supplies, surgical supplies, contracted maintenance, and veterinary medicine. If license revenue fees exceed the pre-determined $223,000, 50% of the excess funds will be retained by SEAACA and the other 50% will be paid to the City following the close of Fiscal Year 2023/24.

ATTACHMENTS: A. Proposed Amendment No. 4
B. Contract No. 3525
2 48
AMENDMENT NO 4 TO CONTRACT N0. 3525 FOR ANNUAL COST INCREASE FOR ANIMAL CONTROL AND SHELTERING SERVICES EFFECTIVE JULY 1, 2022 THIS AMENDMENT N0. 4 to Contract No. 3525 for Animal Control and Sheltering Services is made and is entered into on July 11, 2023 and effective July 1, 2023 by and between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY whose address is 9777 SEAACA Street, Downey, California 90241 (herein, "SEAACA") and the CITY OF SOUTH GATE, a municipal corporation, whose address is 8650 California Avenue, South Gate, California 90280 (herein "CITY").

RECIT ALS
WHEREAS, CITY and SEAACA previously entered into an Agreement for Animal Control and Sheltering Services dated July 1, 2019, for the fiscal years 2019-2024; and WHEREAS, the Agreement provides for annual cost and fee increases for Animal Control and Sheltering Services; and
WHEREAS, SEAACA desires to set forth costs to CITY for Animal Control and Sheltering Services for the Fiscal Year 2023-2024.

NOW, THEREFORE, SEAACA and CITY agree that the Agreement for Animal Control and Sheltering Services dated July 1, 2019, shall be amended in the following regards:

SECTION II. Paragraph 2, Subsections a) and b) are amended to read as follows:
a) The total cost to the CITY for Fiscal Year 2023-2024 shall be One Million, Fifteen Thousand, Six Hundred Thirty Dollars (Sl,015,630) offset by revenues collected by SEAACA in performance of this Agreement for license fees and penalties. SEAACA guarantees that the base revenues shall be S223,000 for Fiscal Year 2023-2024; the guarantee will be provided by SEAACA, annually. If license revenues exceed the guarantee, 50% of the additional amount shall be retained by SEAACA and the other 50% shall be paid to the CITY following the close of the fiscal year.
b) The net cost for Fiscal Year 2023-2024 to CITY for said services shall not exceed S792,630.00 and shall be paid by CITY to SEAACA in two equal payments upon receipt of invoice per the following schedule: July 1, 2023, S396,315.00 and 9396,315.00 on October 1, 2023.

Said sums shall be paid within thirty (30) days after receipt of invoice. If payment is not delivered to SEAACA within thirty (30) days after CITY's receipt of invoice, SEAACA is entitled to recover interest thereon. Said interest shall be at the rate of ten percent (10%) per year, or any portion thereof, calculated from the last day of the month in which the services were performed. If such payment is not delivered to SEAACA within the time set forth hereinabove, SEAACA may satisfy such indebtedness, including interest thereon, from any funds of the CITY on deposit or to the credit of SEAACA, without giving further notice to CITY of SEAACA's intent to do so.

Except as stated above, all the remaining provisions of the Agreement for Animal Control and Sheltering Services shall remain the same.

Amendment No. 4 to Agreement FY 2023-2024 1 July 2023 49 IN WITNESS WHEREOF, THE CITY OF SOUTH GATE, by order of its City Council caused this AMENDMENT N0. 4 to be signed by its Mayor and attested to by its Clerk, and the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, (a.k.a. SEAACA), by order of its Commission, has caused this AMENDMENT N0. 4 to be subscribed by the Chairperson of said Commission and attested to by the Executive Director and/or Clerk of said Commission.

CITY OF SOUTH GATE:

BY:

Marra del Pilar Avalos, Mayor
ATTEST:

BY:

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

BY:

F'FS!i'?'s', Et"ornSeyCa

SOUTHEAST AREA ANIMAL CONTROL
AUTHORITY:

BY:

Gloria 01mos, Chairperson
ATTEST:

BY:

Denise Woodside, Executive Director
APPROVED AS TO FORM:

BY:

Scott Nichols, SEAACA Attorney
Amendment No. 4 to Agreement FY 2023-2024 2 July 2023 450
Contract No. 3525

AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES THIS AGREEMENT iS entered IntO 11115 1" dad Of Jul7 2019, by and'between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY White addreS5 J!, 9777 SEAACA Street, Downey, CallfOrnla 90241 (herefn, "SEAACA") arid the CITY OF SOUTH GATE, a Calffornla Corporation, whose address is 8620 California Avenue, South Gats, California 90280 (herein "CITY"), RECITALS:

WHEREAS, SEAACA is a public agency organized by the Cities of Dowriey, Norwalk, Plco RiVerai Bell GardenSl MOnteb(kllOT Paramountt Santa Fe Springs and SOuth El MOnte, pur'suant tO the provisions of section 6500 et seq, of the California Geivernment Code for the purpose of provld!ng animal control services within the boundaries of those cities and such other munlclpal corporatlons as are approved by SEAACA, and
WHEREAS, CITY haS requested that SEAACA enter irito thlS Agreement end provide Animal COntrOl and Sheltering serVlceS tO tht. CITY during the term thereofi WhlCh are more full7 daSCribed hereinafter, and
WHEREAS, bath CITY arid SEAACA haVe autliorlzed enterlng into thfs Agreement by forma! hctlon oftheir respedive governing bodies, taken at properly noticed meetings; NOW THEREFORE, in consideration of performance by the parties of the covenants and condltlons herein contained, the parties hereta agree as Follows:

SECT'lON I, SEMCA AGREES:

1. To perform the fol!owlng servlces for CITY w(thin the corporate limits of CITY:
a) To provide one (1) assigned officer, tota)In@ fony (40) liogrs per week. b) To patrol the Straets of CITY aS many additional hours per month as necessary tO enfeirce the provislons of tha SOUTH GATE's Munlcfpal Code relating to arilmal controi. c) To enforce all applicable leash law requirements.
d) To enforce all applicable standards for animal care. e) To operate an animal control shelter; to maintain its kenr)els and premises in a sanltary condition at all tlmes; to comply with ali appticable laws of the State of Californla; and to give the prescribed notices and use humane methods ror the care and destruction of any animal comin@ under its jurlsdlctton,
f) TO enfOrCe all appllcabie State StatuteSl With reSpeCt CO thOSe SerVlCeS aG are C€lStCimarllV rendered bySEuca.
g) To pick up and Irnpound stray, slck, or 1niured animals from the public streets and private preperty,
li) Toptckupdeadanlmatswlthin24hours,
l) To Investigate complaints relating to animal cruelty. ]) l'o provkle prompt 24 hour per day emergency service response for injured or viclous anlinals.
k) To provlde all services and materials to establish and maintain a I!censlng and canvassing progr;lmi
A@reementforAnlmatControlandSheltermgServices: Jutyl,!Ol9throuBhJune30i2024

51 t) TCI canvass all delinquent licenses each year and every liousehold In the CITY a imnlrmim of om:e every two years to ensure that all animals required to have licenses are Indeed Ilcensed, nr) To provide for 11censing services at two rabies clliiics each year to Lie organlzed and administered by SEAACA.
n) To keep and malntaln durlng tlie term af this Agreement, books, and records pertaining to the llcensing ofdogs, collectlon offeesi and lmpaunding of animals. sald books and records shall be available for audit and examination by the CITY during normal business hours and wlth reasonable notice. During the term of thls Agreement, SEAACA will report to CIT/ tlie total dollar amount of license fees col(ected. SEAACA shall mamtain a record of all complaints received and shall furnish the CITY, upon request, with a written record of the complalnts and the way In which complaints were handled,
2, That if requested in wrlttng by CITY, additional ServlcaS abOVG thOSe deSCribed herein may be performed lsy SEAACA when SEAACA determines that such additional services wlll not Interfere wlth the maintenance lavel of the anlmal control services provided elsewhere by SEAACA, CITY will pay for such addltlonal services In such amounts as are agreed to by SEAACA and CrlY.

SECTION li CITY AGREES:

1. To cooperate and assi5t SEAACA in pertorm'ir>B Its obligations hereurideir, including the adoptlon of SEAACA's Model Ordtnance.

2. ThatforandlnconslderationoftherenditlonotservicespursuanttothlsAgr'eemem:
a) The total cost to the CITY for Flscal Year 2019/2020 shall be 6821,776.00 offset by revenues collected by SEAACA In performance of thls Agreement for llcense fees and penalties.

SEAACA guarantees that said revenues shall be ,':223,000,(10, ff !lcense revenues exceed that amount, 50% shall be returned to the CITY foltowing the close of the fiscal year, b) The net annual cost to CITY for said services shall not exceed S598,776.00 and shall be paid by CITY tO SEAACA upon involCe On the fOllOWing schedule: 6299,388.00 0n Jul7 1, 2019 and 5299,388.00 on October 1, 2019. Sald sums shall be pald within thirty (30) days after receipt of Invoice, If payment is not delivered to SEAACA within thirty (30) days after ClaJY's receipt of Invoice, SEAACA Is entitled to recover interest thereori. Sald interest s)iall be at the rate of ten percent (10%) per year, or any portion thereof, calculated from the last day of the month In which the servlces were performed, If such payment is not delivered to SEAACA withln the time set forth herelnabove, SEAACA may satlsfy such indebtedness, including Interest thereon, From any funds of the CITY on deposit or to the credit of SEMCA, without giving further notice to CITY of SEAACA's intent to do so.

C) SEAACA Shall be entitled tO and Shall retain all monles that It COlleCtS from residents Of the CIT/ for Impounding, boarding, adoptions, spay/neuter fines and other penalties/fines imposed by tlie State of California.
d) The coinpensation and financial provisions of subsections b) and c) of Paragraph 2 of Section II, shall be adjusted annually by mutual agreement of the Part(es. Prlor to the end of each year of thls Agreement, the parties shall commenca negotiations to determine the compensation and financial provtstons to apply for the next year of this Agreement, If the Parties are unable to Agreement For Animal Control and Shelterlng Services: July 1, 2019 throuBh Jurie 30, 2024 Pace 2
52 agree, the parties may extend thls agreement In wrltlng on a month-to-month basis based on muttlalt%l agreeable Written teinporar%l COnlpenSatlOn al'id financial prOVISIOnSi Or termli'iate thiS Agreement. The compensation and financial provlslons agreed upon by the Partles after the first year of this contract shall be reduced to writing and signed by all Parties, SEAACA shall retaln all fees and/or fines colleeted resulting from Administrative Hearings conducted by SEAACA.

SECTION lit. THE PARTIES AGREE:

1. Tl'iat the service performed by SEAACA Shall Onl7 encompass those dutleS and funcUons of SEAACA which are rendered by it and wliich It is authoriied to provlde pursuant to the provislons of tl'ie Joint Exercise of Powers Agreement and the statutes of thls State.

2. That the rendition of services performed liereunder, the standard of performanca and other matters Incldental to the performance of such servlce and control of personnel so employed shall reinaln in SEAACA, In the evellt that a dispute arises between SEAACA and the CIT/ aS TO the extent of the dutles and functions to be rendered hereunder or the manner of the performance of sich services, the dtermination thereof shall be made by the SEAACA Board ofCommlssloners, 3, That ror the purpose or performing all functions, SEAACA shall ftirnish and supply all necessary labor, supervlSlon, equipment, and Supplies necessary tO provlde the leVel Of ServlCeS tO be rendered hereunder.
4, That all persons employed by SeAACA tri the performance of klils Agreement shall be SEAACA einpioyees and no CI1Y employee as such shall be taken over by said SEAACA, and no person employed hereunder shall have any CITY pension, clvil service, or any status or right. 5, The CITY agrees to cooperate and meet with SEAACA regarding changes in servlce delivery options to assist wltli linplementatlon of new programs to enhance services to the communlty, SECTION IV. INDEMNIFICATION:
1, That CITY sliall not be called upon to assume any Ilabllity for the direct payment of any salarles, wages, or other compensation for aiiy SEAACA personnel performing services hereunder for said SEAACA, or any liability other than that provlded for in this Agreement. Except as herein otherwise specified the CITY shall not be liable for compensation or indemnity to any SEAACA employee for injury or sickness arlslng out of his/her einployment, 2, Tliat SEAACA, its officers and employees, shall not be deemed to assume any liablllty for Intentional Or negligent act5 0f Said C!TY Or Of any Offker Or employee ttlereafi nor' far any rtefectlVe Or dangerous COndltlOfl 01 City-owned real property, and CITY 5ihall held SEAACA and itS officers and employees liarmlass from, and shall defend SEAACA and the officers and employees thereof against, any claim for damages resulting there from, 3, Tliat CITY, its officers and employees shall not be deemed to assiime any )labllity for intentional Or negligent aCtS Of SEAACA Or Of an'y Officer or employee thereoft and SEAACA 5haii held CITY and ItS OffiCerS alld employees hRrml@SS from, and Shall defend CITY and the OffiCers arid employees thereof against, any da!in for damages resultln@ tliere from, %reementforAnimalControlandSheltermgServ!ces; julyl,20l9throughJune30,2024

53 SECTION V. INSURANCE:

SEAACA is a metnber of the California Joint Powers Insurance Authority (CaliFornla JP!A), and participates In self-insurance and commercial inscirance programs adinimstered by t)ie California JP!A far its mambers. Primary Uabllity program, Incfudlng Automobile Ltab)l(ty CoveraBe Limlt IS Sl,000,000 per occurreitce, Annual Aggregate Limit shall be 51,000,000; Workers' Compensation Program Coverage Llmits sliall be Statutory, Employers Liablmy Is 51,000,000.

SECTION Vl, TERM:
1, That the term of thlS Agreeinent Shall be for the period of five yuars, Jul%l 1, 2019 tlirough June 30, 2024, inclusive, unless tlie Agreeinent is terinlnated as herein provided. CIT/ and SEAACA ma7 extend thlS Agreement at ttS e)tpiration far an additional nVe 'leaf period b%' mutual written aBreemerit,

2. Sl*ouid SEAACA default durln@ the term of t)iis ABreettient In tlie performance of its obllgatlons aS Set forth herein and fall to Cure Said default Within fifteen (15) DADS' written rtOtlce tO do SO, than CITY may terinlnete this ABreement, And upon payment to SEAACA of inonles owlng to SEAACA, LEGS any CredltS tO the CITY by SEAACA, far satisfactorY performances rendered pursuant tO thlS A(Breement and through the dtite Of Said termination, thereafter tliere Shall be nO obligation Of'the CITN' tO SEAACA. ShOtlld OTY fail to PaY the sums owlng to SEAACA aS provided hereunder Or otherwise derault On any provision Of thiS Agreement and fall tO Cure Said default Within tifteetl (15) a'ayS Written nOtiCe tO da SO, then SEMCA rnaY terminate thiS Agreement arid upon tlie effectNe date of the termlnaUon, and upon paymant to CITY of rnonles owlr'ig to CITY, there shall be no l'urther obligation of SEAACA to the CITY. Such termlnatlan shatl not be deemed a walver of any rights 5EAACA may have against CITY ror any sums dte to SEAACA under the terms of this Agreement.
3, Either SEAACA or CITY may terminate thls Agreement by gMng the other party ninety (90) days prlor written notice.

SECTION Vll, AMENDMENT:

This Agreement shall not be amended, or any provision or breacl* hereof waived, except In wrltlng signed by the parties expressly referrlng to this Agreement, SECTION Vlll, NOTICE:

That any notice required to be sent hereunder shall be deemed recelvsd if addressed to the address of the partles as set fortli hereunder and deposited, postage prapald, in the United States Post Office, or to stich other address as the parties rwy, from tlme to time, In writing furnish to the other party,
IN WiTNESS WHEREOF, THE ClTf OF SOUTH GATE, by order of its City Council caused tliis Agreement to be slgned by its Mayor and attested to by Its Cferk, and the SOUTHEAST AREA ANIMAL CONTROL ALITHORITY, (a,k.a, SEAAC/)i), by order of 1ts Commission, has caused this Agreement CO be sl8ned b%l )tS Cttalrper!ion Of Said COmmiSSIO(l alm attested tQ b7 5EAACA'S Executlve Director
A(,,reernentforAnimalControlandShelterlnHServlcas: Julyl,20l9throughjune30,2024 Pace 4
54 AGREEMENT WITH SOUTHEAST AREA ANMAL CONTROL AUTHORITY FOR ANIMAI CONTROL AND SHELTERING SERVICES; JULY 1, zoig THROUGH *w 30, 2024 -Signature Page-
A1TEST:

Cannen Avalos, City C(ert
APPROVED AS 'rO FORM AND CONTENT
ul F, Sallnas, City Attorney
ATTEST:
/<"/:pzr, lA]dt4t(plr
!ally Hazzard, Executive Director

APPROVED AS TO FORM AND CONTENT
=,>/r,riff d'2u"AA]
'cott Nichols, SEA/ICA Attorney
BY:

CITY OF SOUTH GATE
Morales, !v1ayor
SOUTt4EAST AREA

ANIMAL CONTROL AUTHORITY
arco Barcena, Chalrperson
%raement for Animal Controt and Sheltering Services: Jttl7 1, 2019 through June 30, 2C4

55 CITYMANAGER'S OFFICE Item No. 6
JUN 28 2023

5.' 55ffi City of South Gate

CITYCOUNCIL

AGENDA BNLL
Department Director:

For the Regular Meeting of: July 11, 2023
Department: Public Works
o Cerv C)\\hris Jeffers
SUBJECT: AMENDMENT N0. 3 TO MEASURE R FUNDING AGREEMENT WITH

THE LOS ANGELES COUNTY METROPOLIT AN TRANSPORTATION AUTHORITY, CONTRACT N0. 3378, FOR THE FIRESTONE BOULEVARD REGIONAL CORRIDOR CAPACITY ENHANCEMENT PROJECT, CITY PROJECT NO. 476-TRF PURPOSE: The City has previously approved a Phase II of the Firestone Boulevard Regional Corridor Capacity Enhancement Project, City Project No. 476-TRF ("The Boulevard Project").

Amendment No. 3 to Contract No. 3378 between the City of South Gate and Metropolitan Transportation Authority ("Metro") extends the ability to use original Measure R Funding Agreement ("Agreement") to June 30, 2024, which provides the time necessary to finish the project.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 3 to Contract No. 3378 Measure R Funding Agreement with the Los Angeles County Metropolitan Transportation Authority ("Metro") retroactively extending the lapsing date from June 30, 2022 to June 30, 2024, forthe Firestone Boulevard Regional Corridor Capacity Enhancement Phase II Project, City Project No. 476-TRF, Metro Project ID No. MR306.33; and
b. Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.

FISCALIMPACT: ThereisnofiscalimpacttotheGeneralFund.AmendmentNo.3withMetro provides $984,497 in Measure R funds for Phase II of The Boulevard Project.

ANALYSIS: The Agreement with Metro provided $6 Million to :fund The Boulevard Project.

Construction was completed on October 28, 2021, for which a total of $5,015,503 was expended.

Metro has authorized utilizing the remaining $984,497 in funds to implement Phase II of The Boulevard Project.

The Agreement with Metro has a lapsing date of June 30, 2022. Amendment No. 3 to the Agreement retroactively extends the lapsing date to June 30, 2024. This term extension is necessary to provide time to complete the construction of Phase II of The Boulevard Project. l
56 Prior to submitting the extension request contained in AmendmentNo. 3, Metro had to first review and have their Board approve the agreement. The Metro Board has approved and now is seeking concurrence from the City to extend the time period to June 30, 2024.

BACKGROUND: On October 10, 2017, the City Council approved Contract No. 3378, under which the City accepted $6 Million for The Boulevard Project. The Agreement provided 34 months to utilize the funds and complete The Boulevard Project. The effective period was from September 1, 2017 to June 30, 2020.

On August 10, 2020, Metro approved Amendment No. 1 to the Agreement thereby extending the lapsing date from June 30, 2020 to June 30, 2021. On August 25, 2020, the City Council approved Amendment No. 1 to the Agreement to effectuate the change.

On August 30, 2021, Metro approved Amendment No. 2 to the Agreement thereby extending the lapsing date from June 30, 2021 to June 30, 2022. On September 28, 2021, the City Council approved Amendment No. 2 to the Agreement to effectuate the change.

On January 26, 2023, Metro approved Amendment No. 3 to the Agreement thereby retroactively extending the lapsing date from June 30, 2022 to June 30, 2024. It is now necessary for the City Council to approve AmendmentNo. 3 to the Agreement to effectuate the change. This will provide the time needed to utilize the remaining funds and complete Phase II improvements on the Boulevard Project.

Phase II of The Boulevard Project has a total budget of $4,138,351 and is funded with $984,497 in Measure R Funds, $1,500,000 Measure R Local Return Funds, $1,025,368 in Call for Project Funds, $417,219 in Proposition C Local Return Funds and $211,267 in funds received from private development projects. The budget will fund all services needed to implement the project such as staff time, design services and construction services.

The improvements proposed under Phase II of The Boulevard Project include 5 bus shelters, 2 bus pull-outs, street lighting, sidewalk, curb and gutter repairs, pavement rehabilitation, traffic signal and street light modifications, ADA improvements, road widening, storm drain improvements, safety bollards at the student pickup/drop-off near South Gate Middle School, and removal of humps to resolve potential issues adjacent to South Gate High School and East Los Angeles Community College's satellite campus.

Phase II of The Boulevard Project is under construction which is expected to be completed March 2024.

ATTACHMENTS: A. Proposed Amendment No. 3
B. Amendment No. 2
C. Amendment No. 1
D. ContractNo. 3378
KT:lc
2 57
Attachment A
Subregion ID: Gateway Cit'es Project#: MR306.33
Amendment No. 3
F A# 920000000MR30633
AMENDMENT No.3 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF SOUTH GATE AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 3 to the Funding Agreement (this "Amendment"), is dated as of April 6, 2023 liy and between the City of South Gate ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECIT ALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. MR306.33 or 920000000MR30633, dated September 1, 2017, which was amended June 8, 2020, and July 14, 2021 (as amended, the "Existing FA"), which Existing FA provides for the Firestone Boulevard Regional Corridor Capacity Enhancement Project (the "Project"); and B. Whereas, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates for Measure R funding agreements to meet PAED, PS&E, ROW, and Construction time frames; and
C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of the Project funds programmed for Fiscal Year FY 2015-16 to June 30, 2024; and D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

Rev: 03.08.2023 1 Measure R Funding Agreement Amendment Highways - General
58 Subregion ID: Gateway Cities Project#: MR306.33
Amendment No. 3
FA# 920000000MR30633
AGREEMENT:

NOW, THEREFORE, for good and valualile consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 (v) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: 'iv) Expending the Funds granted under this FA for allowable costs liy the lapsing date. All Funds programmed for FY2015-16 are subject to lapse by June 30, 2024."

2. attached.

Attachment B-1-2 of the Existing FA is here'by replaced lry Attachment B-1-3,

3. Attachment C - Scope of Work, attached to the Existing FA is hereliy amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.

FA Milestones
FA Amendment 2 Project
Schedule
Revised Schedule
Start Date End Date Start Date End Date
Environmental Clearance 7/5/2021 8/10/2021 7/5/2021 8/10/2021 Design Bid & Award 7/5/2021 7/16/2021 7/5/2021 7/16/2021 Design 7/5/2021 8/1 0/2021 7/5/2021 8/10/2021
Procurement Process for
CM/Inspection services N/A N/A 6/23/2022 1/9/2023
Construction Bid & Award 9/1 4/202I 9/1 4/2021 2/1 4/2023 2/1 4/2023 Construction 10/4/2021 6/30/2022 4/24/2023 5/1/2024
Total Project Duration
(Months) 11 months 34 months

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally execrited. All rights and olrligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

Rev: 03.08.2023 2 Measure R Funding Agreement Amendment Highways - General
4 59
Subregion ID: Gateway Cities Project#: MR306.33
Amendment # 3
FA# 920000000MR30633
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to the FA to be executed lry their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date:

Stephanie N. Wiggins
Chief Exeaitive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: Date:

Deputy
GRANTEE:

CITY OF SOUTH GATE
By: Date:

Maria del Pilar Avalos
Mayor
APPROVED AS TO FORM:

By:

City Attorney
Date:

ATTEST:

By:

Yodit Glaze
City Clerlc
Rev: 08.22.2022 3
Date:

Measure R Funding Agreement Amendment
Highways - General
60 AffACHMENT B-1-3-EXPENDffURF. PIAN COST & CASH FLOW BUD(.fI' Measure R Program - Funding Agreement Projects - FA.920000000MR306.33 Project Title: The Firestone Boulevard Regional Corridor Capacity Enhancement Project, City Project No. 476-TRF City Project No. 476-TRF, Project#' MR306.33

PROGRAMMED SOURCES OF FUNDS
sotnacxs OF FUNDS
PROGRAMMED FUNDS:

R FUNDS:

AHD
$7.000 $7.000 $7.000 $8.000
$7.000 $7.000 $7.000 $7.000
$7.000 $7.000 $7 000 $5,000
$)1,000
197
$0
$0
$0
$490.570
$215.439
$5

T PROPC
PROG PUNDS:

NQN=IACMA FUND!i :

SUMMARY OF Au
$14,0(10 ST4i000 114,000 S165,[00 $212,074 $2fi.074 $212,074 j210.075 $6.000.000 $0 $0 $0 $0 $0 $0 $0 $0 -$0 -$0
439
'SUM PROG IACMTA
SUM NoN-IACMTA FUNDS

TOTAL FUNDING
-$4,946,703
$4,946,703
$14,ODO $14,000 $212,074 $212,074 $212,t)74 $210,075 $14,000 $14,0[X) $165,000 $212,074 $212,074 $6A10,000 61 Attachment B
FTIP#: LAOG1468
I-710 Early Action Projects (C.ateway Cities)
Project#: MR306,33
Amendment No.2
FA# 920000000MR30633
AMENDMENT No,2 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF SOUTH GATE AND

THE LOS ANGELES COUNTY METROPOLIT AN TRANSPORTATION AUTHORITY This Amendment No.2 to Funding Agreement (this "Amendment"), is dated as of July 14, 2021 by and between City of South Gate GRANTF!B"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECIT ALS:

A, WHEREAS, GRANTEE and LACMTA enteted into that certain Funding Agreement No. 920000000MR30633, dated Septembet 1, 2017 (the "Existing FA"), which was amended on June 8,2020 (as amended, the "Existing FA"), which Existing FA provides for the Firestone Boulevard Regional Corridor Capacity Enhancement Pyoject (the "Project"); and
B. WHEREAS, the LACMTA Board on October 25, 2018, delegated administrative authority to staffto extend funding lapse dates to meet PA&ED, PS&E, ROW, and Construction time frames; and
C, WHEREAS, the GRANTEE and LACMTA desire to extend the lapsing date of FY 2015-16 funds to June 30, 2022; and
D. WHHREAS, GRANTEE and LACMTA desire to amend the Existing FA as provided herein.

Rev: 06.01.2021 1 FA Local Amendment Lapsing Date Extension 62 FI'IP#: IAOG1468
I-710 Early Action Projects (Crateway Cities)
Pmject#: MR306.33
Amendment No.2
FA# 920000000MR30633
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9,1 (v) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "All Funds programmed for FY 2015-16 are subject to lapse by June 30, 2022."
2, Attachment B-I-1 0fthe EXiSting FA iS heretiy replaced l)Y Attachment B-1-2, attached,

3. AttachmentC-ScopeofWork,attachedtotheExistingFAishereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.

FA Milestones
Original FA Schedule in
ScopeofWozk
Revised Project S&edule
Start Date Bud Date Start Date End Date
Environmental Clearance 6/28/2021 8/10/2021 7/5/2021 8/10/2021 Design Bid & Award 6/28/2021 7/5/2021 7/5/2021 7/16/2021 Design 6/28/2021 7/28/2021 7/5/2021 8/10/2021
Right-of-Way Acquisition
Construction Bid & Award 8/10/2021 8/10/2021 9/14/2021 9/14/20!1 Construction 9/13/2021 2/25/2022 10/4/2021 6/30/2022
To'ffl Project Duration
(Months) 8 months 21 months

4. Except as expressly amended hereby, the Existing FA remains in full forceandeffectasoriginallyexecuted. Allrightsandoliligationsofthepartiesunderthe Existing FA that are not expressly amended by this Amendment shall remain unchanged.

Rev: 06.01,2021 2 FA Local Atnendment [apsing Date Bxtension 63 FTIP#:LAOG1468 Ptoiect#:MR306.331-710 Early Action Projeds (Gateway Cities) Amendment No.2 FA# 920000000MR30633
IN WITNESS WHEREOF, the parties have caused this Amendment No.2 to the FA to be executed lyy their duly authorized representatives as of t}ie dates indicated below:

LOS ANGELES COUNTY

M POLITANTRANSPORTATIONAUTHORITY
APPROVED AS TO FORM:

Date: ia=]xqls
RODRIGO A. CASTRO-SILV A
County Counsel
By:

Deputy
Date: rJm4

CITY OF SOUTH GATE
Al Rios
City Mayor
Date:
/a,/15/2121
APPROVED AS T FORM:
l
ul F. Salinas
ty Attorney
ATTEST:

Carmen Avalos
City Clerlc
Date:

Date:
141(t[2oLt
Ig-Zb-tl
Rev: 06.Ol.2021 3 FA Local Amendment lapsing Date Extensiori 64 ATTACHMENT B.1-2- E)MNDITURE PIAN COST & CASH FLOW BUDGET Mcasxirc R Program - Funding Agreeinent Projects FA# 9200000000M R3%]3 A-2 Project Title: Firestone Borilevard Regional Corridor Capaciky Enlianccinent Project Project#: MR30(i.33

PROGRAMMED SOURCES OF FUNDS

SOURCJS OF JIUNDS
R FUNDS:

Pdor
5892.06] $42.000 542,000 542.000 542,00i)
S4.042J80
Total MJIASURE R 54,934,443
$3(1[1.000
$42,000 $342,000
S300.Oi)0 5297.557
$342,000 $339,557
P C 25%
ABD
Total PROP C
,, , !!!0G:W(3M'T!J!R!J!8,:

SUMMARY OF AIL FUNDS
$0
$0
$0
fl92,063
$0
$4.042,380
- $4;9QJ43
" St)@PXCiGJAQR'PA . os',mis
SUM NON.IACMTA FIUN[)S $0
TOTALPROJECTFUNDING $4.934.443
$0
$0
$0
$42,000
$0
$0
$0
$42,000
$0
$0
$0
$41000
$0
$300,000
$0
$0
$0
$4;',000
$0
$300,D(10
$0
$0
$0
$42,(100
$0
fl97,557
ffi9i557
$T42;t)OtN. - -:$a!2,0 €i0 - -13j9,.557' ----
$0 $0 $0
$342,000 $342.0(10 $339.557
$0 $0 $0 $0
-' a $b; -
SO
SO
SO
$l.OGO,O(il
SO
$4,939.937
$6,000.000
$0
$0
$0
$1,060,063
$0
$4.939.937
$0 -'- --=sO.. . -- - $0 - , '$0 $6'@(XOOO
$Q $0 $0 $0 $0
$0 $0 $0 $0 $6,000.000
65 Attachment C
Contract No. 3378 Amendnnent 1
I-710 Early Action Projects (Gateway Cities) Project#: MR306.33 Amendment No. 1
FA# 920000000MR30633
AMr,NDMENI No.l [O MEASURE R mTNnTN(. AGrtFFMFNT
BffWEEN aTYOF SOUTH GATEAND THE LOSANGELES COUNTY

METROPOLITANTRANSPORTATION AUTHORITY
This Amendment No. 1 to the Funding Agreement (this "Amendment"), is dated as of June 8, 2020 by and between the City of South Gate ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECIT ALS:

A. WHEREAS, Grantee and LACMTA entered into that certain Funding Agreement N0. 920000000MR30633, dated September 1, 2017, (the "EXiSting FA"), WhiCh Existing FA provides for the Firestone Boulevard Regional Corrtdor Capacity Enhancement Project (the "Project"); and
B. WHEREAS, the LACMTA Board on October 25, 2018, delegated administrative authority to staff to extend funding lapse dates to meet PA&ED, PS&E, ROW, and Construction time frames; and
C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of FY 2015-16 funds to June 30, 2021; and
D. WHEREAS, Grantee and LACMTA desire to amend the Existing FA as provided herein.

Rev: 08.13.19 1 Measure R Funding Agreement - Highways - General 66 I-710 Early Action Projects (Gateway Cittes) Project#: MR306.33 Amendment No. 1
FA# 920000000MR30633
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Partll,Section9.l(v)oftheExistingFAisherebyamendedbydeletingitinits entirety and replacing it with the following: "All Funds programmed for FY 2015-16 are subject to lapse by June 30, 2021."

2. Attachment B-1- of the Existing FA is hereby replaced by Attachment B-I-I attached,

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

Rev: OB.13.19 2 Measure R Funding Agreement - Highways - General 67 Project#: MR306.33
I-710 Early Action Projects (Gateway Cities) Amendment # 1 FA# 920000000MR30633
IN WITNESS WHEREOF, the parties have caused this Amendment No.l to the FA to be executed bytheir duly authorized representatives as ofthe dates indicated below:
lACMTA:

LOS METROPOIjT AN TRANSPORT ATION AUTHORITY
By:
olhl.w
APPROVED ASTO FORM:

MARY C, WICKHAM
County Counsel
BY:
uty
Date: 537{ti)zo
GRANTEE:

CITY OF SOUTH GATE:

Maria Davila
Mayor
APPROVED AS TO FORM:

Raul F. Salinas
City Attorney
Date: 247,
Date:<Zlzt[ms
Date: I/'?"12-oa
City Clerk
Rev: 08.13.19 3 Measure R Funding Agreement - Highways - General 68 ATTACHMENT B-i-l - EXPENDITURE PLAN COST & CABH FLOW BUDGET Measure R Program - Funding Agresment Projects - FA# 920000000MR3C18.33 A-1 Project Title: The Firestone Boulevard Regional Conidor Capacity Enhancement Project, Prolect#: MR306.33

PROGRAMMED SOURCES OF FUNDS
PUND8:

R PuND8:
$341.l76 S34j 176 $34'l j7B $341 1713
TolalMEA8URER 178 178 178 178
PROG PUND8i '$341,17@ - $341,478 $341,178 $344i70
tY i . FfiOX4i FflOM2i FY
5417 177
U $0. H $0 $8,DOG,000
8uMMRY OF ALL
$0 $O SO $0 $0
177
178 178 176 178
M1LE8TONE8 178 178 17tl $344170
8UMPROCiLACMTA $4,83g,298 13a;178 1!141;176 1341178 $14jffft 8tlMNON-[ACMTA - "-oiO a @o
TOTALPROJECTFUNDING $4,63!i,298 $341,178 $341,178 $3a,ff0 $341,176 so so
177
$0 $0
SO $0 $8,000,000
69 Attachment D
Measure R Funding Agreement
Funding Agreement: #920000000MR30633
Projed: #MR3%.33

MEASURE R FUNDING AGREEMENT

HIGHWAY PROGRAM
Interstate 710 South EarlyAction Projects
This Funding A@eement ('FA") is made and entered into effective as of September 1,2017("Effective Date"), and is by and between the Los Angeles County MetropolitanTransportationAuthority ("IACMTA") and Cityof South Gate ("Grantee") forthe FirestoneBoulevard Regional Corridor Capacity Enhanrpmrm Prnject, IACMTA Project ID# MR306.33(the "Project"). This Project is eligible for fun% under line 33 Interstate 710 South EarlyAction Project ofthe Measure R Expenditure Plan.

WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Reliefand Rail ExpansionOrdinance, on July 24, 2008 (the "Orance"), whidi Ordinance was approved bythe voters ofLos Angeles County on November 4, 2008 as "Measure R" and became effective on January 2,2009.

WHEREAS, the funding set forth herein is intended to fund only Conshonphase oftheProject.

WHEREAS, the IACMTA Board, at its October 15, 2014 meeting, programmed $6,000,000, inMeasure R Funds to GRANTEE for Consttuction phase, subject to the terms and conditionscontairied in this FA; and WHEREAS, the funds are currently programmed as fonows: $6,000,000 in Measure R Funds inFiscal Year (F Y) 2015-2016. The total designated for Constnuction phase ofthe Project is$6,000,000.

NOW, THEREFORE, the parties herebyagree as follows:

The terms and conditions of tffi FA consist ofthe following and eaffi is incorporated byreference herein as iffuny setforth herein:

1. Part I - Specffic Terms of the FA

2. PartII-GeneralTermsoftheFA

3. Attae,ntA-ProjedFunding

4. Attachment B - Measure R Expenditure Plan Guidelines

5. Attaent B-1 - Expenditure Plan- Cost & Cash Flow Budget

6. 8ttaent C - - Scope of Work

7. Attadment D - Project Reporting and Atrahve Guidelines

8. Attaent D-1 - MontMy Progress Report

9. Attadment D-2 - Quarterly Expenditure Report

10. Attaent E - Federal Transportation Improvement Program (FTIP) Sheet -N/A11. Attaent F - Bond Requirements In the event of a conffict, the Special Grant Conditions, ifany, shall prevailover the SpecificTerms of the FA and any attachments and the Specific Terms of the FA shall prevail over theC :T '- :': "'-"r - e, ( T %'7 %- F A. 70 Me R FunangAgent Fundtng A@eement: #920000000MR3%33 Projed: #MR306,33
IN WrINESS WHEREOF, the part'es have causedtbis FA to be executedbytheir dtdy autbo*edrepresentatives as of the dates indicated below:

IACMTA:

LOS AN UNTY METROPOLITAN TRANSPORT ATION AUTHORITh R)!'
v
Phinip ashington
CbiefExecutive Officer
r>a*r'71ts(aoi5
APPROVED ASTO FORM:

MARY C. WICKHAM
County Coutisel
GffiE:

Date: z/ay67

CITY OF SOUTH GATE
Mam Davila
Mayor
Date: t[qlir
ATT'EST:

CarmenAvalos
Cityaerk
Date: VitliY
APPROVED AS ORM:

Y'
Raul Salinas
City Attorney
DaV: t{qlig
Reva 07.13.17 I-710 EIR 2 Measure R

FUNDJNG AGREEMENT
71 Measure R FunangAgreement Ftmding Agreement: #920000000MR30633 Project. #MR306.33

PART I

SPECIFIC TERMS OF THE FA

1. Title ofthe Project (the "Project"): Firestone Boulevard Regional Corridor Capa6ty Enbwcement Project. IACMTA Projed ID# MR306.33

2. Grant Funds:

2.1 ProgrammedFundsforthisProjectconsistofthefollowing:MeasureRFunds.

2.2 To the extent the Measure R Funds are available; IACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $6,000,000 (the 'Fund") for theProject. LACMTABoardofDiredoys'actionofOctoberl5,2014grantedthe Measure R Funds for the Project. The Funds are programmed over one year- for Fiscal Year FY2015-16 for $6,000,000.

3. This grant shall be paid on :a ieiixiliuxbeuieul liabis. GRANTEE must provide the appropriate supporting doaunentation with the Montbly Progress Report and/or the Quarterly Expenditure Report. GRANTEE Funding Commitment, ff applicable, must be spent in the appropriate proportion to the Funds with eaffi quarter's expenditures. IACMTA will witbhold five percent (5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope ofwork.

4. AttadimentAthe"ProjectFun%"documentsallsourcesoffundsprogrammedfor the Projed as approved by LACMTA and is attaaied as Attachment A. The Project Fun% indudes the total programmed funds for the Project, inclu% the Funds programmed by IACMTAandlany,theGRANTEEFundingCommitmentofothersourcesoffunding. The Projed Funding also indudes the fiscal years in whii all the funds for the Project are programmed. The Funds are subject to adjustment by subsequent IACMTA Board Action.

5. Attadment B-1 is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure Plan"). Itistheentireproposedcashflow,theBudget andfinancialplanfortheProject,whidi includes the total sources of all funds programmed to the Project, indu% GRANTEE and other entity fun% commitments, if any, for this Project as well as the fiscal year and quarters theProjedfundsareantiapatedtobeexpended. GRANTF,EshallupdatetheExpenditurePlan annually, nolater than December 31, and suffi update shall be submitted to IACMTA's ManagingExecutive0fficerofConshuction&Engmeeinwriting. IftheIACMTA's Managing Executive Officer of Constuction & Enginee concurs with sudi updated Expenditure Plan in writing, Attaent B-1 shan be replacedwith the newAttadment B-1 setting forth the latest approved Expenditure Plan. Payments under t's FA shan be consistent with Attaent B-1 as revised from time to time. In no event canthe final milestone date be changed or amended bywritten concurrence by the IACMTA Managing Executive Officer of Constnuction & Enginee Any change to the final milestone date must be made by a fully executed amendment to this FA.
= s a7."3 :7!-. .a' T-'R r i:'e R
72 Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project: #MR306.33

6. AttadmentCistheScopeofWork("theScopeofWork"). TheGRANTEEshall complete the Project as described iri the Scope of Work. This Scope of Work shall include a detailed description of the Project andthe workto be completed, inclu% anti6pated Projectmilestones and a schedule consistentwith the lapsing policy in Part II, Section 9, and a descriptionoftheProjectlimits. NolaterthanDecember31ofeachyear,GRANTHEshall notify IACMTA ifthere are any changes to the final milestone dates setforth mthe sdiedule or any &anges to the Scope of Work. If LACMTA agrees to sudi dxanges, the parties shall memorialize su& dxanges in an amendment to this FA. Work shall be delivered in accordance withthissdieduleandscopeunlessotherwiseagreedtobythepartiesinwriting. IfGRANTEF. is consistently behind sdiedule in meeting milestones or in delive the Project, IACMTA w'll have the optionto suspend or tate the FA for default as desailyed in Part II, Sections 2, 9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes it can make up the time so as to not impactthe final milestone date, GRANTEE shan notify IACMTA of such changes in its Monthly Progress Reports and su& inte milestone dates wffl automatically be amended to the latest inte milestone dates provided in the Montbly Progress Reports Attachment D-I. In no event can the fmal milestone date be amended by a Montbly Progyess Report.

7. No%estothisFA,includingbutnotlimitedtotheFunds,andanyothersourceof funds from LACMTA in the Project Fun%, Expenditure Plan or the Scope ofWork shall beallowedwithout an amendment to the original FA, approved and signed by both parties. 8, AThr'hmpn+ n iS the PrOjeCt Reporting & Expenditure Guidelines. GRANTEE shall complete the "Monthly Progress Report" and/or the "Quarterly Expenditure Report". TheMonthly Progress and Quarterly Hxpenditure Reports are attad'ied to this FA as Attaaments D- 1 and D-2 in accordance withAttadwent D - Project Reporting and Expenditure Guidelines.

9. AttadmentE,the"FTIPPROJECTSHEET(PDF)",isattachedasAttaentEandis required to ensure that the Project is programmed correctly inthe mostup-to-date FTIP documerit. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database underthereportssectionatht'tp://program.metro.net. Allprojectsthatreceivefun%through Measure R must be programmed into the FTIP, whiffi indudes locally funded regionally slcant projects for information and air quality mode% purposes. GRANTBEshallreffew the Project in ProgramMetro ea* year andupdate or correct the Project information as necessary during a s&eduled FI'IP amendment or adoption. GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail, Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any aanges to the Project, butno later than October 1 oftbe year the &ange or update is effective. Should GRANTEE fail to meetthis date, it may affect GRANTEE's abilityto access funding, delaythe Project andmay ultimately result in the Funds being lapsed.

10. GRANTEE shall comply with the "Special Grant Conditions" attached as Attadmait G,ifany.

Rev: 07.13.171-710 EIR 4 Measure R
FUND;NG AGREFMENT
iy 73
Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project: #MR306.33
11, Nochangestothe(i)Grantamount,(ii)ProjectFun%,(iii)theScopeofWork(except as providedherein), (iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to tbis FA, approved and signed bythe IACMTA Chief Executive Officerorhis/herdesi@eeandGRANTEE. Modificationsthatdonotmaterianyaffectthe terms ofthis FA, sua as redistributing Funds among existing budgetline items ornon- material saedule ianges must be fomnallyrequested by GRANTHE and approved by LACMTA inwriting. Non-mate dianges axe those &anges whi& do not affectthe grant amoutit or its s&edule, Project Fun%, Firiancial Plan, orthe Scope ofWork, induding the Work sdiedule.

12. IACMTA's Address:

Los Angeles County MetropolitanTransportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Lucy 01mos-Delgadfflo

LACMTA PROJECT MANAGER
MAIL STOP: 99-22-9
PHONE (213) 922-7099
E-MAIL [email protected]

13. GRANTEE's Address:

City of South Gate
8650 Califomia Avenue
South Gate, CA 90280
Attn: Kenneth Tang, Public Works
PHONE: (323)563-9574
E-MAIL: [email protected]

14. IACMTAanticipatesitmayneedtoavailitselfoflowercostbondsorotherdebt,the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds (conectively, the "Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax-exemption of the interest, the Federal subsidy payment or the tax credit, as applicable, as specified in the Bond Requirements attaaed as Attachment F to this Agreement. GRANTEE agrees to provide IACMTA with progress reports, expenditure documentation, and any other documentation as reasonalily requested by IACMTA and necessary for LACMTA to fulffll its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by IACMTA's Project Manager for the Project, to assist [ACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such bonds tax status.

Rev: 07.13.17 1-710 EIR 5 Measure R
rUXD:NG AGREEMENT
1974
Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project: #MR306.33

PART II

GENERAL TERMS OF THE FA

1. T3
The term of this FA shall commence onthe Effective Date of this FA, and shall terminate upon the occurrence ofall of the following, unless terminated earlier as providedherein: (i) theagreedupon Scope ofWorkhas been completed; (ii) all IACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement ofthe Funds has been madetoGRANTEE. AneligibleProjedexpensesasdefinedintheReporUngandExpenditure Guidelines (Attaent D), incurred after the FA Effective Date shan be reimbursed inaccordancewith the terms and conditions ofthis FA unless othee agreed to lyythe parties in writing,

2. SUSPENSION ORTERMINATION
Should IACMTA determine there are insufficient Measure R Funds available for the Proiect,iACMTA may suspend or temninate this FA by giving written notice to GRANTEE atleastthirty(30)daysinadvanceoftheeffectivedateofsuchsuspensionortemnination. IfaProjectis suspended or temninated pursuant to this section, LACMTA will not reimburse GRANTEEany costs incurred after that suspension or termination date, exceptthose costs necessary (i) toretum any facilities modified bythe Project consttuctionto a safe and operable state; and (ii) tosuspend or terminate the cons'hction contrador's control over the Project. LACMTA's share ofthese costs wffl be consistent with the esta'blished fun% percentages outlined in this FA,

3. INVOICE BY GRANTBE
Unless othee stated in this FA, the MontMy Progress Report or the Quarterly ExpenditureReport, with supporting documentation of expenses, Projed progress and other documents as required, whi& has been pre-approved by IACMTA, all as desibed in Part II, Section 6,1 ofthis FA, shan satisfy IACMTA invoicing requirements. Grantee shan oiy submit for paymentthe IACMTA pre-approved Monthly Progress Report or Quarterly Expenditure Report Packetsto the LACMTA Project Manager at the email address shown in Part I and to IACMTAAccount Payable Deparh'nent as shown below.

Submit invoice with supporting documentation to:

ACCOUNTSPAYABIJ@MEl'RO.Nff (preferable)
or
mail to:

LosAngelesCounly Mi l.,,li.il:LiiaTiangportationAuthority Accounts Payable
P. 0. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain thefonowing infomiation.

Re: IACMTA Project ID# MR306.33 Agreement #:920000000MR30633 Lucy 01mos; Mail Stop 99-22-9
Rev: 07.13 17 I-710 E{R 6 Measure R

FL-SDING AGREEMENT
20 75
Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project: #MR306.33

4. USE OF FUNDS

4.1 GRA?'ffEEshallutilizetheFundstocompletetheProjectasdescribedin the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and thespecifications for use forthe transportation purposes desaibed in the Ordinance.

4.2 AttachmentCshallconstitutetheagreeduponScopeofWorkbetween LACMTAandGRANTEEfortheProject. TheFunds,asgrantedunderthisFA,canonlybe used towards the completion ofthe Scope ofWork de'miled in Attaent C.

4.3 GRANTEE shall not use the Funds to substitute for any other funds orprojectsnotspecifiedinthisFA. Further,GRANTEEshallnotusetheFundsforanyexpenses or activities above and beyond the approved Scope of Work (Attadurient C) without anamendment to the FA approved and signed bythe iACMTA (Nef Executive Officer or hisDesignee. To the extent LACMTA provides GRANTEE widi bond or commercial paperproceeds, suffi Funds may not be usedto reimburse for any costs that'jeopardize the taxexempt nature of sudx financings as reasonably determined by LACMTA and its bond counsel.

4.4 GRANTEE must use the Funds in the most cost-effective manner. IfGRANTEE intends to use a consultant or contractor to implement all or part of the Project,IACMTA requires that such activities be procured in accordance with GRANTEE'scontracting procedures and consistent with State law as appropriate. GRANTEE win alsouse the Funds in the most cost-effective manner when the Funds are used to pay "in-house"stafftime. GRANTEEstafforconsultantwithprojectoversightrolescannotawardworkto compaies in whi& they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on-going Proiect monitoig and through anyIACMTA inte and final audits.

4.5 Ifafacility,equipment(suiascomputerhardwareorsoftware),vehide or property, pur&ased or leasedusity the Funds, ceases to be used for the proper use asoriginally stated in the Scope ofWork, or the Projed is discontinued, any Funds expendedforthatpurposemustbereturnedtoIACMTAasfollows: GRANTEEshallberequiredtorepay the Funds in proportion to the useful life remaining and inan equal proportion ofthe grant toGRANTEE Funding Commitment ratio.

5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted insupportoftheMorithlyProgressandQuarterlyExpenditureReports. LACMTAwillmakealldisbursementselectronicallyunlessanexceptionisrequestedinwritary ReimbursementsviaAutomatedCleaHouse(ACH)willbemadeatnocosttoGRANTEE. GRANTEEmustcomplete the ACH form and submit such formto IACMTA before grant payments can bemade. ACH Request Forms can be found at www.metro.net/projectsstudies/caLprojects/re[docs.hhn, GRANTEE must provide detailedsupporting documentahon with its Monthly Progress and Quarterly Expenditure Reports.GRANThE Funding Commihnent, if any, must be spent in direct proportion to the Funds withea& quarter's payment.

Reia 07.',3.17 1-710 E!R 7 Measure R

FUSDI)G AC,REEMENT
2j 76
Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project: #MR306.33

6. REPORTING AND AUDIT REQUIREMENTS/PAYMENTADJUSTMENTS

6.1 GRANTEEshallsubmitthedraftofMontblyProgressReport
(Attadment D-1) witbin seven (7) days from thelast day ofea& month, ifrequired, and submit the draft of Quarterly Expenditure Report (Attachment D-2) wit sixty (60) days after the dose of ea& quarter on thelast day of the months November, Feb, May and August to theIACMTAProjectManagerforreviewandpre-approvaloftheapplicablereport. LACMTA shall review and respond inwriting to the dra'ft Monthly Progress and Quarterly Expenditure Reportswithinfive(5)businessdaysfromreceipt. GranteeshallsubmittheIACMTApre- approved Monthly Progress Report and Quarterly Expenditure Report no laterthan five (5) days after receipt of LACMTA's written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days ofthe due date and/or submit incomplete repom, IACMTAwill not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Monthly Progress andthe Quarterly Expenditure Reports shan indude all appropriate documentation (su& as contractor invoices, timesheets, receipts, etc.), and any aaqes to inte milestone dates that do not impact the final milestone date. All supporting documents must indude a dear justification and explanation of their relevance to the Project. If no activityhas occurred d a particular quarter, GRANTEE will stUl be required to submitthe Monthly Progress and Quarterly Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit suffi an invoice once per month with supporting documentation.
6,2 IACMTA,and/oritsdesignee,shallhavetherighttoconductauditsof the Project as deemed appropriate, su& as financial and compliance audits, inte audits, pre- award audits, performance audits and final audits. IACMTA will commence a final audit within six months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and ffiarges have been paid liy GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and sumrnaied in the accounting records to enable an audit without further explanation or summaiation including actual indirect rates for the period covered by the FA period under review).

GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generany Accepted Accounting %naples (GAAP). GRANTEE shan reimburse IACMTA for any expenditure not in compliance with the Scope ofWork and/or not in compliance with other terms and conditions oftbisFA. TheallowabilityofcostsforGRANTEE'sownexpendituressubmittedtolACMTA for this Projed shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowabffity of costs for GRANTEE's contractors, consultants and suppliers expenditures submittedto IACMTAthrough GRANTEE's Monthly Progress Reports and Quarterly Expenditures shall be in compliancewith OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, a'iapter II, Part 225 (whiiever is applicable). FindingsofthelACMTAauditarefinal. WhenlACMTAauditfindingsrequire GRANTEE to return moies to L/)iCMTA, GRANTEE agrees to retum the monies within thirty (30) days der the final audit is sentto GRANTEE.

Rex:07.13.17T 710 EIR 8 Measare R
F',:'.':lNG f.GRFEMENT
77 Measure R FunangAgreement Funding Agreement: #920000000MR30633 Project: #MR306.33

6.3 GRANTEE's records shall include, without limitation, accounting records, written policies and procedures, contrad files, original estimates, correspondence, diange order ffles (induding documentation cove negotiated settlements), invoices, andany other supporling evidence deemed necessary by IACMTA to substantiate diarges relatedto the Project (all conectively referred to as "records"). Such records shall be open toinspection and subject to audit and reproduction by IACMTA auditors or authoied representatives to the extent deemed necessary by LACMTA to adequately permit evaluationof expended costs. Such records subject to audit shan also indude, without limitation, those records deemed necessary by LACMTAto evaluate and vex, direct and indirect costs,(including overhead allocations) as they may apply to costs associated with the Project.

These records must be retained by GRANTEE for tbree years following final payment underthis Agreement. Payment of retention amounts shall not occur until after die IACMTA's final audit is completed.

6.4 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 5, paragraphs 6.2 and 6.3 above. GRANTEE shall cause all contractors tocooperate fully in furnishing or in making available to LACMTA an records deemed necessary by LACMTA auditors or authorized representatives related to the Project.

6.5 IACMTA or any of its duly authoied representatives, upon reasonable written notice, shall be afforded access to all of the records of GRANTEE and itscontractors related to the Project, and shall be allowed to interview any employee ofGRANTEE and its contractors through final payment to the extent reasonably practicable

6.6 IACMTA or any of its duly authoied representahves, upon zeasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, induding reproduction, at no charge to LACMTA,and shall be provided adequate and appropriate work space in order to conduct audits iri compliance with the terms and conditions of this FA.

6.7 When business travel associated with the Project requires use of avehide, the mileage incurred shall be reimbursed at the mileage rates set by the Intemal Revenue Sernce, as indicated in the United States General Semces Administration FederalTravel Regulation, Privately OwnedVehide Reimbursement Rates.

6.8 GRANTEE shall be responsible for enmuing an contractors/subcontradorsfortheProjectcomplywiththetermsoftheOrdinance. GRANTEEshall cooperate with IACMTA Audit Department sudi that LACMTA can meet its obligationsunder the Ordinance

6.9 GRANTEE shall certify eadi invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowableand reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A,Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.

6.10 GRANTEEshallalsocertify'finalcostsoftheProjecttoensureancosts are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part225, (whichever is applicable) and the terms and conditions of this FA.

Rev: 0713.17 1-710 EIR 9 Measure R
FtNDSNG AGREFMENT
78 Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project: #MR306.33

6.11 InadditiontoLACMTA'sotherremediesasprovidedinthisFA, IACMTA may withhold the Funds ifthe IACMTA audit has determined that GRANTEE failedto complywith the Scope of Work (such as misusir< Funds ox failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by t's FA, inclu% the access to records provisions of Part II, Section 6.

7. GRANT
This is a one time only grant of the Measure R Funds subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of IACMTA,

8. SOURCES AND DISPOSITION OF FUNDS

8.1 The obligation for IACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the IACMTA Board of Directors. If such Funds are not made available as anticipated from Measure R Program revenues, IACMTAwill have the right to adjust the cash flow accordirigly until such :funds become available. IACMTA shan have no obligation to provide any other funds for the Project, unless otherwise agreed to in wri% by LACMTA. 8,2 GRANTEE shall fully fund and contribute the Grantee Funding Commitment, if any is identified in the Project Funding (Attaent A), towards the cost of theProject. IftheFundsidentifiedinAttaentAareinsufficienttocompletetheProject, GRANTEE may request additional Measure R funds from its sub-region eamiark pen% supportofthesub-region'sGoveBoard. Apartiailarsub-region'sMeasureRfundsare limited to the amount specified inthe Ordinance and is stffl subject to approval ofthe IACMTA Board. Nothing in tbis FA shall ob%ate, or be constnued to ob%ate the LACMTA Board to approve such request for additional funds. If the Funds are still insufficient to complete the Project, GRANTEE agrees to secure andprovide such additional non-LACMTA programmed funds necessaryto completethe Project,

8.3 GRANTEE shan be responsilyle for any and an cost overs for the Project pursuant to Section 8.2.

8.4 GR/)iNTEE shall be eligible for the Funds up to the gt amount specifiedin Part I, Section 2 ofthis FA subjectto the terms and conditions contained herein.

Any Funds expended by GRANTEE prior to the Effective Date ofthis FA shall not be reimbursed nor shall they be aedited towardthe GRANTEE Fun% Commihnent requirement, without the prior written consent of IACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE's own risk.

8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Fun% and the Expenditure Plan at the time this grant was awarded,thisFAshanbeamendedtoreflectsuiadditionalfun%. If,atthetimeoffinal invoice or voucher, fiinding for the Project (including the Funds, C;RAa%TEE Fun% Rei 07.13.17 I-710 EIR 10 Measure R
FUSD;SG AC,REEMENT
24 79
Measure R Fundirig Agreement Funding Agteement: #920000000MR30633 Proiect' #MR306.33
Commihnent, andanyadditional fun%) exceeds the actual Pro'ject costs, thenthe costsavings shan be apphed in the same proportion as the sources offunds from eadi party to this FA as specified in the Project Funding and both the Funds and GRANTEE Fun%CommitmentrequiredfortheProjectshanbereducedaccor%y. LACMTAshanhavetherightto use any cost savings associatedwith the Funds at its sole discretion, indu%, withoutlimitation,programmingtheunusedFundstoanotherprojedoytoanothergrantee. If,atthetime of final vouier, it is determined that GRANTEE has received Funds in excess ofwhatGRANTEE should have received for the Project, GRANTEE shall retum sudi overage toIACMTA within 30 days firom final vouier.

9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS

9.1 GRANTEEmustdemonstratetimelyuseoftheFundsby:
(i)
Executirig this FA within ety (90) days of receiving formal transmittal of the FA from IACMTA, or by December 31 ofthe first Fiscal Year iriwhidithe Funds are programmed, whid'iever date is later; and
(ii)
Be: Project Design, Preliminary Enginee-(PE) within six (6) months from completion of enviromnental cIleararice, if appropnate.
(iii)
Delive Work in accordance with sd'iedule; &anges to the schedule wffl require an Amendmentto Attadiment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon bythe LACMTA and GRANTEE in
Attadment C (Scope ofWork) ofthis FA; and
(iv) Submitting the MontMy Progress and Quarterly Expenditure Reports as desaibed in Part II, Section 6.1 of this FA; and (v) ExpendingtheFundsgrantedunderthisFAforallowablecosts within five years or 60 mon& ftom July 1 of the Fiscal Year inwhich the Funds are programmed, unless otherwise stated in this FA. All Funds programmed for FY2015-16 are suliject to lapse by June 30, 2020.

9.2 IntheeventthatthetimelyuseoftheFundsisnotdemonstratedas described in Part II, Section 9.1 of this FA, the Project win be reevaluated by IACMTA as part of its amiual Recertification/Deobligation process and the Funds may be reprogrammed toanother projed by the IACMTA Board of Directors in accordance with the Ordinance. In theevent that all the Funds are reprogrammed, t's FA shan automaticany terminate.

10. [
A Defaultunder this FA is defined as any one or more of the following: (i) GRANTEE fails tocomplywith the terms and conditions containedherein; or (ii) GRANTEE fails to performsatisfactoffly or makes a material change, as determined by IACMTA at its sole discretion, tothe Expenditure Plan, the Scope of Work, orthe Project Funding without IACMTA's priorwritten consent or approval as providedherein.

11. REMEDIES
Rev 07.13.17 I-710 EIR lI
80 Measure R Funding Agreement Funding Agreement: #920000000MR30633 Projed: #MR306.33

11.1 IntheeventofaDefaultbyGRANTEE,LACMTAshanprovidewritten noticeofsuchDefaulttoGRANTEEwitha30-dayperiodtocuretheDefault. Intheevent GRANTEE fails to cure the Default, ot committo cure the Defaultand commence the same within such 30-dayperiod to the satisfaction of LACMTA, IACMTA shall have the following remedies: (i) IACMTA may temiinate this FA; (ii) IACMTA may make no 'further disbursements of Funds to GRANTEE; and/or (iii) LACMTA mayrecover from GRANTEE any Funds disbursed to GRANTEE as allowed bylaw or in equity, 11,2 EffectiveuponreceiptofwrittennoticeofterminationfromIACMTA, GRANTEE shan not undertake any new work or obligation with respect to tbis FAunless so directedbyIACMTAinwriting. AnyFundsexpendedafterteationshanbethesole responsibility of GRANTEE.

11.3 Theremediesdesibedhereinareno>exclusive. IACMTAshallhave the right to enforce any and all rights and remedies herein orwhich may be now or hereafter available at law or in equity.

12. COMMUNICATIONS

12.1 GRANTEE shall ensure that all Communication Materials contain recognition of IACMTA's contribution to the Project as more particularly set forth in "Funding Agreement Communications Materials Guidelines" available on line or from the LACMTA Project Manager. Please &eck with the IACMTA Project Manager for the web address. The Fun% Agreement Communications Materials Guidelines may be changed from time to time duting the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Agreemerit Communications Materials Guidelines during the term of tbis Agreement, uiess otherwise specifically authoied in writing by the IACMTA Chief Communications Officer.
12,2 For purposes of this Agreement, "Communicahons Materials" indude, but are not limited to, press events, public and external newsletters, pited materials, advertising, websites radio and public service announcements, electronic media, and constnuction site signage. A more detailed definition of "Communications Materials" is found in the Funding Agreement Communications Materials Guidelines.

12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files induding scalable vector files wffl be available through the IACMTA Project Manager.

12.4 GRANTEE shan ensure that any subcontractor, induding, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Projed Communications Materials for public and extemal punposes wffl comply with the requirements contained in this Section.

12.5 The LACMTA Project Manager shall be responsible for moito GRANTEEcompliancewiththetermsandconditionsofthisSection. GRANTEE'Sfailureto complywiththe terms of this Section shan be deemed a defaulthereunder and IACMTA shall have an rights and remedies set forth herein.

Rev: 07.'i3.l7 I-710 EIR 12 Measure R
F[:SDiNG AGREr.MENT
81 Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project; #MR306.33

13. OTHERTERMSANDCONDITIONS
13,1 This FA, along with its Attadments, constitutes the entire understan%betweentbeparties,withrespecttothesubiectmatterherein. TheFAshallnotbe amended, nor any provisions or breach hereofwaived, except in wri% signed by the partieswhoagreedtotheoriginalFAorthesameleveliauthority. Adoptionofrevisionsor supplements to the Guidelines shall cause su* revisions or supplements to become incorporated automaticallyinto this Agreement as though fully set forth herein.

13.2 GRANTEEisobligatedtocontinueusingtheProjectdedicatedtothe publictransportationpurposesforwhi&theProjectwasinitianyapproved. TheProjectright- of-way, the Project facinties constnucted or reconstucted onthe Project site, and/or Projectproperty purdiased, exclu% constuction easements and excess property (whoseproportionate proceeds shan be distributed in an equal proportion of the grant to GRANTEE Funding Commitment tatio), shanremaindedicatedtopublic transportationuse inthe same proportion and scope and to the same extent as desaibed in this FA, Equipment acquired as part ofthe Project, induding office equipment, vehides, shall be dedicated to that use for their fun economic Me cyde, including any extensions ofthatlife cyde aieved byreconstnuction, rehabilitation, or enhancements.
13,3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the ti.s, Dish'ct Court for the Central District of Califomia) proceeding between the parties to enforce or interpret tbis FA, to proted or establish any4ts or remedies hereunder, the prevailing party shall be entitledto its costs andexpenses, inclu% reasonable attorney's fees.

13.4 NeitherIACMTAnoranyofficeroremployeethereofshallbe responsible for any damage or liability oc: by reason of anything done or committed to lye done by GRANTEE under or in comiectionwith anywork peformed liy and or sernce provided by GRANTEE, its officers, agents, employees, contractors and sulxonhactors under thisFA. GRANTEEshallfullyindemnify,defendandholdlACMTAanditssubsidiaries,and its officers, agents and employees hamiless from andagainst anyliability and expenses, inclu% withoutlimitation, defense costs, any costs orliability on account of bodilyinjury,death or personal injury of any person or for damage to orloss of ik ofproperty, any environmental obligation, anylegal fees and any cIlaims for damages of any nature whatsoever .ing out of the Project, induding withoutlimitation: (i) use of the Funds by GRANTEE, or itsofficers, agents, employees, contractors or subcontractors; (ii) breai of GRANTEE's obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision ofthe semces, in connectionwith the Project induding, withoutlimitation, the Scope of Work, described in this FA.

Rev 07.13 17 I-710 EIR 13 Measure R
FUSD;NG AGREEMFNT
2"+- 82
Measure R Funding Agreement Funding Agreement: #920000000MR30633 Projed: #MR306.33

13.5 Neitherpartyheretoshallbeconsideredindefaultintheperformanceof its obligation hereunderto the extent that the performance of any such obligation is prevented or delayed byunforeseen causes induding acts of God, acts of apublic enemy, and guveiiuueiil actsbeyondthecontrolandwithoutfaultornegligenceoftheaffededparty. Ea&partyhereto shall give notice promptly to the other of the nature and extent of any sui circumstances daimedto delay, hinder, or prevent performance of any obligations under this FA.

13.6 GRANTEF,shancomplyw'thandinsuretbatworkperformedunderthis FA is done in compliance with GeneranyAccepted Accounting Principles (GAAP), an applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements indu% Federal Acquisition Regulations (FAR), andthe applicable requirements and regulations of LACMTA. GRANTEE aowledges responsibihty for ob copies of and complying with the terms ofthe most recent federal, state, or local laws and regulations, and IACMTA requirements indu% any amendments thereto. 13,7 GRANTEEagreesthattheapplicablerequirementsofthisFAshallbe included in every contract entered into by GRANTEE or its contractors relating to work perfomied under this FA and LACMTA shall have the right to review and audit such contracts.

13.8 GRANTEEshallnotassignthisFA,oranypartthereof,withoutprior approval of the LACMTA Chief Executive Officer orhis designee, and any assigmnent without said consent shall be void and unenforceable.

13.9 ThisFAshallbegovemedbyCalifomialaw. IfanyprovisionofthisFA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

13.10 The covenants and agreements of this FA shall inure to the benefit of, and shan be binding upon, each of the parties and their respective successors and assigns.

13.11 ImplementahonofanylTSprojectshallbeconsistentwiththeRegional ITSArdfftecture. ITSprojectsmustcomplywiththelACMTACount5rwideITSPolicyand Procedures adopted by the IACMTA Board of Directors indu% the submittal of a completed,signedself-certificatioriform. FortheITSpolicyandform,see WWW

13.12 If any parking facffities are designed and/or constnucted using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www.metro.net for staff lis%) in the planning, design and management ofthe facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy.

For the parking policy, see
www.metro.net,/projects,,,studies/call projects/other,resources.htm.

Rev: 07.13 17 1-710 EIR 14
27 83
Measure R Funding Agreement Funding Agreement: #920000000MR30633 Project: #MR306.33

13.13 GRANTEEwffladviseLACMTApriortoanykeyProjectstaffingchanges.

13.14 NoticewillbegiventothepartiesattheaddressspecifiedinPartI, unless othese notified in writing of change of address.

13.15 GRANTEE, in the peformance of the work described in jams FA, is not a contractor nor an agent or employee of IACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify IACMTA immediately in the event that a conflict, or the appearance thereof, arises. (JRANTEE shall not represent itself as an agent or employee of IACMTA and shall have no powers to bind IACMTA in contract or otherwise.

Rev: 07.13.17 1-710 EIR 15 Meas;.ire R
FUSDiNG A,GREEM;NT
84 Measure R Funding Agreement Funding Agreement #920000000MR30633 Projed: #MR306.33

ATI'ACHMENT A -PROJF,CI' FUNDING
Measure R Program - Funding Agreement Projects - FA.920000000MR306.33 Project Title: Firestone Boulevard Regional Corridor Capacity Enhancement Project Project#: MR306.33

PROGRAMMED BUDGET - SOURCES OF FUNDS
I SOURCES OF FUNDS PriorYeam
I
FY2014-15 FY2!015-16
I
FY201&17 I, FY2017-18 FY201&19
Tobil
Bud@=t
%d
Bud@t
l ACMTA PROGRAMMED

FUNDING
I
II

MHASURE R FUNDS I
r"'- $6,000,000 - - $
6,000,000
lf Jl f'lj'al'A tkf' Kl & lff fY TllTlle I < II liI e --------m----stmr-ar--AT.l
I -
> b,UUU,UUU I
- (l.1 I 6,000,000 IUU%
I I I

TOTAL PROJECI' FUNDS
$ $
6,000,000s l'
$ $ $ $
6,000,000 100%
Rev: 07.13.17 }-710 EIR 16 Measure R

FUNDING AGREEMENT
85 Measure R FunangAgreement Funding Agreement: #920000000MR30633 Project: #MR306.33

ATI'ACHMENT B
MHASURE k ffijtNj)l 1tJRj:l PIAN GUIDELINES

PROJECT DEVELOPMENT AND RIGHT OF WAY
State Law Requires All Measure R Project and Program Sponsors to Submit an Expenditure Plan
To be eligible to receive Measure R revenues, an agency sponsoig a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan cont the following elements is submitted, reviewed and deemed satisfactory by LACMTA. IACMTA staff wffl request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and/or eadx project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates wffl be expended on the projects and programs and/or each project or program activity; o The schedule d: which the projed sponsor ariticipates funds will be available for each project and program and/or eadi project or program activity; and, o The expected completion dates for each project and program and/or project or program activity.

Baa of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles CountyTransportation Improvement Program (also a stahitoffly mandated function), aS follows:
o Project or program scope of work, inclu% sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights-of-way, state highways, and below-ground subways versus any other rights-of-way or above-ground work;
o A current-year cost estimate breakdown of the major sub-elements of the project such as overhead, environmental and permit work, design and engineemg, right-of-way, constnuction/installation (induding maintenance facilities, rail yard, equipment and other major components), constnuction/installation support, interest costs, ro% stock, and other supporting components;
o Any extraordinary projed cost escalation issues, such as extraordinary commodity, right- of-way, surety, eriergy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable induding a 3% local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and ifthe source funds are in current or year-of-expenditure dollars;
o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and;
o The expected completion by month and year of project or program completion.

Rev 07.l3.l7 l-7l €' EIR 17 M 2..:.sure R
F, S:-:N(, AGRri:1!r:%7
86 Measure R Funding A@eement Funding Agreement. #920000000MR30633 Proiecta #MR306.33
Below is an excerpt of AB 2321 (2008, Feuer), the state legislation that requires theexpenditure plan.

NVhit AR ?l?al (M'H)R, Fpiipr) Sayq About +bi nalirnil:lnip Plin:

Section b (3) B
(:0 Prior tosubmitting die ordinance to the votem, dyeMTA shalladoptan expenditure planforthenetrevenuesderivedfromffietax. Theexpenditureplanshallindude,inaddi6orrto odyerprojectsandprogramsidemffiedbytheMTA, dhespecifiedprojectsandprograms listedjn paragmph (3) ofsubdivision (b), the esffmated totalcostforeach projectandprogram, funds offier dhan dhe mrevenues thatdze MTA aMcipates wfll be expended onthe projects andprograms, and the schedule during whidi the MTA anficipates funds will beavailableforeach projectandpmgram. TheMTA shallalsoideMfyinitsexpenditureplan the expected compleffon dates foreach projectdescribedin subparagraph (A) ofparagraph(3)ofsubdivision(b). Tobeeligibletoreceiverevenuesderivedfromdyetax,anagency sponsoringa capital project orcapitalprogram shall submit to te MTA an expenditure planforits projedorprogzaam containing ffie same elementsas dye expenditure plan thatMTA isrequiredbythissubdivision toprepare. ' (k) Nolater than 365 days prior to d:ieadopfion ofan amendment describedin paragraph (1)to an expenditure plan adopted pumuant to subdivision (f), induding, butnotlimited to, theexpenditure plan adopted by ffie MTA boardas 'AttadmaentA"in Ordinance #08-01adoptedbytheboardon July24, 2008, andinaddibon toanyoffiernoficerequirementsindxepmposingordinance, ffieboardshallnofffydreMembemoftheLegislaturerepresenfing 'Nhe CountyofLosAngelesofan ofdiefonowing:
(1) A descripbon of ffie proposed amendments to the adopted expenditure plan d'iat woulddo anyof diefonomng:
(A)Affectdheamountofnetrevenuesderived from dye taximposedpursuantto dyisactffiatis proposed to be expended on a capital projector projects idenfifiedin dyeadoptedexpenditure plan. (B) Affect the schedule for t/ye availabilityoffimds proposed to be expended on a capitalprojectorprojectsidentifiedin dieadoptedexpenditureplan. (C) Affect theschedulefor dye esbunated orexpectedcompleuon date ofa capital projedorpmjectsidentifiedin ffieadoptedexpenditureplan. (2) Thereasonfortheproposedamendment.
(3) Theesfimatedimpacttheproposedamendmentwillhaveon theschedule, cost, scope,ortimelyavailabflityoffimdingforThecapitalpmjectorprojectscontainedin ffieadoptedexpenditure plan.

Rev: 07.13.17 1-710 E{R 18 Measure R
FUNDING AGRE.EMENT
j2- 87
Measure R FunangA@eement
---n- 2617-18
Qtr 1
y 2-017-18
Qtr 2
FY-2-0- 1-7-1-i
Qtr 3
77 zotr--ui '
Qtr 4
rt zots-xi
Qtr I
-n- 2-OI'i:i9
Qtr z
-m
Qtr 3
FY'9 -
i Qtr 4
-- TOTAL
BUDGET
$15,000 $20,000 $99,000 $100,000 $100,000 $100,000 $50,000 $30,000 $514,000 $1,000 $2,000 $2,000 $3,000 $3,000 $3,000 $3,000 $2,000 $19,000 $167,000 $200,000 $1,000,000 Sl,000,000 $1,000,000 $1,000,000 $900,000 $200,000 $5,467,000 i Total MEASURE R $183,000 $222,000 $1,102,000 $1,103,000 $1,103,000 $i-,iOi,-000 $953,000 $232,000 I $6,000,000 isuy soffi---t-hcuaraptnvos:-" $0 '$O-_ a'$O a-- -$-O - $0 $0 k _a
$0 $0 $0
ipa$vr?=otsc-" --'
' Fm&Jd FY18-19
' -='ffif
$183,000 " $222,000 $1,101,000
4 $1,103,000
!
$1,103,000 $1,103,000 $953,000 $232,000
ff
$6,000,000 i
! ml IW m W m W m i_
"-S:UM-il F
l-
F-Aa':
mffi @
i ND5 if
Const. -Su-pport ' - - -- --- -'-' -$1_5,000 $20,000 $9i,006 $100jaOO _ $160,066 _$iO0,000 $50,000 $30,000 $514.000 StaffTime - - $2,000 -_ _o _3z,o_5i $3"',000 -$3,000- - --"O .7$x;6o-o - -$-1000- -'- "'-i'i'i':ti66 C,-on-strtiction - - -_- $167, J$2-00,00-0 $1,000,000 $1,000,000 $1-,000- ,O--00 il,000,000 $90?0,000 $260,'000- -$5:467',(i(i6 ' - -- TOT AL M-ILI :STONES i'in,ooo l -$222,-0- €ifi --$1,101,000 $1,1-0-3,(in6- -'s-i:ios:6oo -$1-,i,000 "' $-9Tr6-0'-1 $232.000-' -"-m:6-o-ol6n6- SUM PROG LACMTA FUNDS sigi,ooo $222,000 $1,201,000 $1,103,000 $1,103,000 $1,103,000 $953,000 $232,000 $6.000,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOT AL PROJECT FUNDING $181000 $222,000 $1,102,000 $1,103,000 I
$1,103,000
I
$1,103,000 $953,000 $232,000 $6,000,000
Rev: 07.13.17 l-710 EIR
Funding Agreement: #920000000MR30633
Project: #MR306.33

PROGRAMMED SOURCES OF FUNDS
19 Measure R

FUNDING AGREEMENT
88 Measure R FundingAgreement Funding Agreement#: FA.920000000MR30633 PROJECT TITLE:

ATTACHMENT C

SCOPE OF WORK
The Firestone Boulevard Regional Corridor Capacity Enhancement Project, City Project No. 476-TRF, Metro Projects ID NO. MR306.33
PROGRAMMED FUNDS: $6,000,000
SCOPE:

The proposed project improvements include, but are not limited to, the following: adding a third lane in each direction, pavement rehabilitation, raised landscaped roadway medians, street trees, irrigation system, traffic signal modifications, traffic signal synchronization, traffic signing and striping, concrete repairs, 404 improvements, bike racks, storm water quality mitigation measures, pedestrian lighting, bus shelter and parkway furniture enhancements, public art, and a signature gateway design at three major intersections along Firestone Boulevard between California and Annetta. Gateway design includes public art pieces, pedestrian lighting, street furniture, and landscaping. .

CONSTRUCTION:

Tasks to be performed by the City include, but are not limited to the following:

A. Provide Project Management and Funding Administration B. Advertise, Bid and Award construction contract.

C. Administer construction contract and provide construction oversight.

D. Procure the services of a Construction Management/Inspection team along with other related professional services as needed for the project.

E. Coordinate work with utility agencies.

F. Conduct project meeting as deemed necessary.

PROJECT BUDGET:

Component Amount
1 Construction of Project Improvements $4,926,600
2 Construction Contingency $453,400
3 Construction Management & Inspection (CM&I) $550,000 4 Contingency (CM&I) $50,000
5 Staff Time $20,000
TOT AL BUDGET $6,000,000
Rev: 11.1.14 20 FA Attadiment
J 89
Measure R Funding Agreement Funding Agreement#: FA.920000000MR30633 Project Schedule:

ST ART DATE COMIPLETION DATE
Solicitation (Bids)
Procurement Process for CM/Inspection
Services
Summer 2017 Fall 2017
Bid and Contract Awrd Fall 2017 Fall 2017
Construction Fall 2017 Spring 2019
Rev: 11.1.14 21 FA Attachment
90 Measure R Funding Agreement
Funding Agreement#: FA.920000000MR30633
Map:
e:)eld auO:lSeJ0J anueAV O/ly3H
la4uelW
m fia }'lk'. i
!4'i !
i-, 2 07 / il- ', !4, J
fflff C:
iq f
E
o
U
[4
e ':". 'i
ViA 't'i
o
o
Rev: 11.1.14 22 FA Attachment
91 Measure R Funding A@eement Funding Agreement#: FA.920000000MR30633 Gramw To Complete
Invoice #
Invofee Date
FA# 9200DOOOOMR
Quuterly Repon #
LACMTA FA MEASURE R ATTACHMENT D-2

QUARTERLY PROCRESS / EXPENSE REPORT
CRANTI!S ARE REQUISTED TO EMAIL THIS REPORT TO
ACC€HJNTSPAY [email protected]
or submit by mail to:

Los Angeles County Metropolibm Transportation Authority Accounts Payable
P.0.Box512296
Los Ange}es, Califomia 90051-0296
afmy die dose or radi quartpr, but no }ater ffian November 10, FebniaB 21 %Bil and /. Please nole ffiat lemts or offier roxms
ofdoaimentitlon may be subatlhihid for this rorm. Rerei h l)ie Reporting and Expiindihiye (;uidelines (Attachmcnt q rot further information Please itemze gt-related chuga for this Quarter on Page 5 iiftbis report and include totals in this Sedion.

LACMTA Meaaura R Grant $
aaaaamomiiimintqay
llllljlliWffllBHaBH) .

Thls Quarter Expendltura
RatsinUon Amount
Nat Invoice Amount (Less Ratentkin)
Funds Expanded to Date (Include
this Quarbir)
Tobil Project Budgal
% of Project Budget Expended to
Data
Balance Remalnlng
Rev: 11.1.14 23 FA Attachment
92 Measure R Funang Agreement Funding Agreement#: FA.920000000MR30633 PROJECTTffLE:

FAN:

C)tlARTERLY REPORT 8tlBNIJTTED FOR:
g-lsailYear:

Quanar: 0Qt:,kil-Sap
0C13:Jan-Mar
DATE8UBM1TTED:

LACMTAM(X)AL CATE(a €)RY:
€ R8T1
€ mM
0Tranail
[]zotssia
[]xta-zoig
[102:Ocl-Dec
OQ4: A4ir - Jun
gPsdeshian
[]Blcycla
[]zoia-ziy
€ 2019-2020
[]81gml8ynch'odzatlon
gGoods Mowmanl
LACNITA PmJact Manager
Name:

Phona Number.

E-mail:

Project Sponsor Contact/
Project Manager
C)ntaCl ?4ams:

Job Tille:

Department
City/Agercy
Mailing Address:

Phone Number
E-mail:

Rev: 11.1.14 24 FA Attachment
H 93
Measure R Funang Agreement Funding Agreement#: FA.920000000MR30633

1. 6i"LRffli;mll&MILi8T'ONa! o ' - - - --- - - -
lJBl @ff dgl@-g70b/os brajwuuJuiu* ii.i *luled In (he FA, wdh start and end dates. Calculale the [hl pr$xl duralm. DO NOT CHANaffi THE ORnNAL FA MLffiSTONE ffA/tT AND JJID DATffiS SHOW N THI 2' AND 3' COLuMNS 8!LOW. €kan!eu musl mkg ewy dm b w,cmldyprmhatnm mu ln fhs d0jnag FA 8topa dHhrk, alrm ha A povrds iha bus hr calculaHng wyv.t delay If mhatw stun atsht end dams chid hm lime ataled In ha nd PA 8aqxi af Wg* Indhal* the nawdaNa umar Ads/ 8gm*j* b*hwandrxnlcula[e hh pmjwt dUnlROA HalllaW INa dOMl rNffl €hfflngfll Uh@ Off@tH& fil}/&tll In )aF M. PFR YOUR PA AGRE!tMEN?: ANY (JaM3!S TO T)'a' PRD&CT 8CHEDulE MJ8T BE FORfflAALLY8uElMl2 lJMa 8E)'AM7Z- COVER 7'O LAWA FOR WfUTTEN CONCURRENCE FA Mllastonea Original FA Schedule In Scope of Work Achial 8r,hadule 8tartData End Date 8tartData End Date
En*mnmenlal asaranee
Dmlgn Bid & Awam
Duign
%hl-oT-Way AaquialUon
Conalnielian ad & Awam
Ground Bmmng Event
CanllnltillOn
F5bbon Cultlng Eml
Total PmJact Duratlon (MonUia)
k Band an the campadaon ofThe o4na) am ac(ual pr$cl mNsatom schedumi abow, pmlect)a (mect odyone) :
00n achadJs par mJnd pA schedule
[]Baman 12-24 monlha b*hlm on(pnd aehadda
[lvq ihm 12 months behind anginal schedule
€ aAoni Thgi 24 montta behind mghial iahdula
B. Was the project dssign atarmd wNhln 8 months of ths dale orlglnalty stated in the FA? € Yhs € No []mt$plkatb
C. Was a comh'uction contracl or capital purchase meculed mlhln 9 months aflercompletxin oT destgn/ specfflca(ions? [1 Yes € NO € hkifAppllcable
PA Mauga R % ya (nn Atlaehnml Cl €:han@ %gtzii eipsmiuia Rqp>rs kav IT l 14
Rev: 11.1.14 25 FA Attachment
,:Vi 94
Measure R Funding Agreement Funding Agreement#: FA.920000000MR30633

13. TA8K8 / MlLEaTONE8 ACCOMPLISHED
Lln take or mlmtonai mompllimd and prognu nada this quanar.

14. PRalECT DELAY
Hprojadla*layad,daicrlb*masonaffiordalay(ttmquanar), %yparthiulgm*nllontoaah*duladalayi. ffdalayk%rth*mmr*aonunamlonm In previous qum*ra, pleas In&d* tymtlng '!bm u vloui Qusnar'. l8. ACTION ffEMI TOREaOLVE DELAY
Ifths pmjad b did (u *acrlmd 1nQi Includa mlon km thaa mv* bin, or Wlll ba, um*rlakin to saolvs the delay.

Rev: ll.l.l4 26 FA Attachment
95 Measure R Funding Agreement Funding Agreement#: FA.920000000MR30633 Ah ' I - l-4ia" l- a a- a- a
Maznsaimdct+aigasmustbeRsmamNatedbalow. Eachbtdammustbaablabyankimceand/orokpmpardocummtaUori Thatotal amounkshownheremuslbaequaltothlsquarhsfsmpend)kireaffalmonpagaloftNsmporL AIImpmsuamchamualbamktinoftheappro budgetandraffiaaaahownlntheFAAttachmanlB.8copadWork LlaaaddUomlpagastfneeded.

ITEM I INVOK:E # TOTAL EXPEN8E8 CHAR(iED TO LACMTA MEASURE R GRANT 1 2
3 4
5 6
7 s
g
1€
if
i2
13 TOTAL
Note:

All iati$ls,Trwolcm, and time ahmti, attached and Ineludmwam Expense Report mustbakam and shown underlha halca Numbarcolumnoftha bmizad Lbi% (abow).

Inwlaa Paynsnt Information:

LACMrAwll maka aN dkbursernsnk emtmnieial!y unless an axcapffion is raquulm in wRlng.

ACH Payments requlra Uiat you compb!a anACH R*qmt Fomi am bit *o Acmuma Payable at 213-922-8107.

ACHRequaat Fomis am befound mwww.maho.naVcaNfarpmlm.ts.

Wrbn exertion requaib for Chm,k Payments should be compbted and faxd to Accounti Payabb at 213-922-8107.

Icerbfyhitl am the responsible Project Manageror fiscal officer and representaBw of am that lo the bsst of my knomedge am belief the irfonnation stated In this report is lrue and correct.

Slgnatum
Name
Date
77b
Rev: 11.1.14 27 FA Attachment
4/ 96
Measure R Funding Agreement Funding Agreement#: FA.920000000MR30633

ATI'ACHMENT F

BOND REQUIREMENTS
The provisions of this Attaent F apply only if and to the extent some or all of the Funds are derived from IACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the AmericanReinvestment and Recovery Act of 2009 or similar types of bonds (conectively, the "Borids"). (JRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes or with respect to which LACMTA receives a Federal subsidy for a portion of the interest cost or the investor receives a tax credit, GRANTEE further aowledges its understanding that the proceeds of the Bonds aresubject to certain ongoing limitations relating to the use ofthe assets finariced or provided with such proceeds ("Projed Costs" or "Project Components") in the trade or liusiness ofany person or entity odier than a govermnental organization (any sua use by a person orentity other than a governmental organization is referred to as "Private Use"). Private Usewffl indude any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person wffl operate or manage aProject Component. Eaa quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide Wormation regarding the specific Project Costs or Project Components to whidn the Funds which pay that invoice willbe allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components. GRANTEE wffl, for the entire time over which IACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval priorto entemg into any arrangement which wffl or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of allallocations of Funds to Ptoject Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (Uhe "Code"), or similar code provision then in effect and applicable, as determined by the IACMTA in considtation with its bond counsel.

GRANTEE wffl designate one or more persons that win be responsible for compliance with the obligations described in this Attaent F and notify IACMTA of such designations Reva 11.1.14 28 FA Attadiment
97 DITYMANAalR!!OFFICE Item No. 7
JUN 29 2023
"7: 3'iA.m
Ciffl of South Gate

CITY COUNCIL
AG-ENJDA JBaILL
Department Director:

For the Regular Meeting of: July 11, 2023
ent: Public Works
o ervantes Chris ers
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 2020-16-CC WITH KOA

CORPORATION FOR A STREET LIGHTING ENGINEERING STUDY PURPOSE: To approve Amendment No. 3 to Contract No. 202-16-CC to authorize KOA Corporation ("KOA") to prepare a street lighting engineering study which will include an alternatives analysis for replacing the streetlight system's series circuits and upgrading to LED, as well as an implementation plan for maintenance to enhance system reliability.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 3 to Contract No. 2020-16-CC with KOA Corporation for a street lighting engineering study for an amount not to exceed $62,418; and b. Authorizing the Mayor to execute the Agreements in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. Amendment No. 3 to Contract No. 202-16-CC is in the amount of $62,418 and it will be funded with Measure R Funds budgeted in the Capital Improvement Program.

ANALYSIS: The City's streetlight system consists of over 4,200 streetlights of which an estimated 55 percent consists of series circuits. The primary streetlight operational issues arise from an estimated 53 circuits with a total of about 2,200 streetlights which are high voltage series type that need replacement. The series circuits are unreliable and experience frequent outages. Outages in these circuits are exacerbated since when one light goes out, the entire circuit becomes dark. SCE has communicated that only one manufacturer remains to provide transformers that provide power to the streetlights. When the transformers fail, the turnaround time for repairs is delayed due to a lack of inventory. The cost to upgrade these streetlights via traditional replacement methods is estimated at approximately $30 Million. Therefore, the City is looking for value engineering and solutions which are innovative and creative to change and/or finance an improved street lighting service as well as to identify additional maintenance activities that can be implemented to enhance system reliability.

KOA is currently under contract with the City for as-needed engineering services. KOA is regarded as a street lighting topic expert, is familiar with our specific system, and prepared the 1 98
City's Street Light Master Plan in 2014. KOA is well suited to help the City assess the operational and maintenance issues of the street lighting system to prepare an engineering study.

Staff sought a task order proposal from KOA as opposed to issuing an RFP to save time, effort, and monies as compared to preparing an RFP and administering the selection process. In addition, KOA's fee proposal honors its competitive hourly rates already in place.

KOA is ready to analyze the current state of the system, propose solutions, and develop and provide an implementation plan to improve street lighting services. The implementation plan would serve as immediate action/steps for the City to take to address the street lighting problem.

Over the last year, staff has investigated the possibility of obtaining third-party funding to undertake a portion of all the infrastructure improvements previously described as needing to be done to increase reliability including seeking direct funding earmark allocations from the state and federal budget process. Staff has reached out to third-party grant writing consultants to see if they are aware of funding opportunities for such infrastructure projects. Unfortunately, those firms have indicated, at the present time, there are no such grant opportunities. Staff has also checked with the U.S. Treasury whether American Rescue Plan Act (ARPA) funds could be used and was informed that such a project would not meet the current guidelines.

Staff has researched whether the recently passed infrastructure bill by Congress would provide new grant opportunities and was told that those funds are being allocated towards transportation, broadband, sustainability related to climate change, drinking water, power grid improvements, and environmental justice projects.

Thus, having this type of study can provide additional ways the City may consider from an engineering point of view to resolve the infrastructure needs associated with the City's streetlights.

BACKGROUND: Since 2004, the Public Works Department has used as-needed engineering services to provide the Engineering Division with specialized technical services, enhanced engineering expertise, and staffing support. As-needed engineering services are essential to expedite the completion of miscellaneous engineering services not commonly offered by full- time staff. By using this approach, the Public Works Department has been successful in delivering numerous CIP projects, providing engineering services to developers and the general public, and in securing millions in grant funds.

On February 25, 2020, the City Council awarded Contract No. 2020-16-CC to the KOA Corporation. On March 8, 2022, the City Council approved Amendment No. I to Contract No. 2020-16-CC with KOA extending their On-Call Engineering Services through June 30, 2023.

On June 27, 2023, the City Council approved Amendment No. 2 to Contract No. 2020-16-CC with KOA extending their On-Call Engineering Services through June 30, 2024.

Staff recommends approving Amendment No. 3 to Contract No. 2020-16-CC to provide necessary services to complete a street lighting engineering study which includes an alternatives analysis and an implementation plan so that the City may effectively address mounting street lighting issues. If approved, the study is expected to be completed with four months. 2 99
ATT ACHMENTS: A.

B.

C.

D.

Proposed Amendment No. 3
Contract No. 2020-16-CC with KOA Corporation
Amendment No. I to Contract No. 2020-16-CC with KOA Amendment No. 2 to Contract No. 2020-16-CC with KOA WG:lc
100
Attachment A
Amendment No. 3
Contract No. 2020-16-CC
AMENDMENT N0. 3 TO CONTRACT N0. 2020-16-CC

FOR A STREET LIGHTING ENGINEERING STUDY

BETWEEN THE CITY OF SOUTH GATE AND KOA CORPORATION This Amendment No. 3 to Contract No. 2020-16-CC for a Street Lighting Engineering Study which includes an Alternatives Analysis and an Implementation Plan ("AmendmentNo. 3"), is made and entered into on July 11, 2023, by and between the City of South Gate, a municipal corporation ("City"), and KOA Corporation, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECITALS
WHEREAS, on February 25, 2020, the City Council approved Contract No. 2020-16-CC with Consultant ("Agreement") for As-Needed Engineering Services for a two-year term through and including February 25, 2022, in the amount of Four Hundred Eighty Thousand Dollars ($480,000);
WHEREAS, on March 8, 2022, the City Council approved Amendment No. 1 to Contract No. 2020-16-CC with Consultant ("Amendment No. 1 ") for As-Needed Engineering Services for a two-year term through and including June 30, 2023; WHEREAS, on June 27, 2023, the City Council approved Amendment No. 2 to Contract No. 2020-16-CC with Consultant ("Amendment No. 2 ") for As-Needed Engineering Services for a two-year term through and including June 30, 2024; and WHEREAS, the City and Consultant desire to execute Amendment No. 3 for a Street Lighting Engineering Study with no additional extension of the term of the Agreement in an amount not to exceed Sixty-Two Thousand, Four Hundred and Eighteen Dollars ($62,418), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, and Amendment No. 3 to a total sum of Five Hundred and Forty-Two Thousand, Four Hundred and Eighteen Dollars ($542,418).

NOW, THEREFOR, the parties hereby agree as follows:

1. MODIFICATION TO AGRF,EMENT
a. SCOPE OF WORK. Consultant agrees to expand its services and to perform the tasks identified in Exhibit "A." the Scope of Work may be amended from time to time by way of a written directive from the City.
b. COMPENSATION. The amount of compensation paid by City to Consultant for the

101
Amendment No. 3
Contract No. 2020-16-CC
work identified in Exhibit "A" shall not exceed Sixty-Two Thousand, Four Hundred and Eighteen Dollars ($62,418).
c. TERM OF AGREEMENT. The term of the Agreement is unchanged by this amendment.

2. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments and Exhibits thereto, shall remain in :tull force and effect. All 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.

IN WITNESS WHEREOF, the Parties hereto have caused this AmendmentNo. 3 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

B7:

Maria de Pilar Avalos, Mayor
Date:

ATTEST:

By:

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

By: ffi':ia,'Ci#r"'ney0'
KOA CORPORATION:

By:

Guiseppe Canzonieri, Managing Director
Date:

102

EXHIBIT A
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: (323) 260-4703 i F: (323) 260-4705 I www.koacorp.com

MONTEREY PARK ORANGE ONT ARIO SAN DIEGO CULVER CITY May 19, 2023
William Galvez
City of South Gate
8650 California Avenue
South Gate, CA 90280

A LOCHNEFI COMPANY
Subject: Engineering Services Proposal for Street Light System Conversion Study, City Project No. 677-lT Dear Mr. Galvez:

KOA Corporation (KOA) is pleased to submit the enclosed proposal to provide the City of South Gate with a Street Light System Conversion Study. The scope of work is provided below for your review, followed by a fee estimate. Let us know if you have any questions or comments regarding this letter proposal.

SCOPE OF WORK
TASK 1- MASTER PLAN REVIEW
KOA will review the Citywide Lighting Master Plan that was prepared in 2014. We will also coordinate with the City to determine if any street lighting upgrades have occurred between the preparation of the master plan and present day.

TASK 2 - TECHINICAL MEMORANDUM

AITERNATIVES ANALYSIS
KOA will prepare an alternatives analysis study that will include the following alternatives:

Installation of new underground conduit and wiring for new parallel circuits.

Installation of new overhead wire circuits.

Installation of solar powered street lights.

Installation of isolated multiple transformer street lights on existing series circuits. 3'd party management of street lighting system.

Prior to beginning the analysis, we will review the options stated above with the City to make sure the City and KOA are on the same page with the proposed alternatives. For each alternative, we will develop a list of pros and cons, high-level scope and cost estimate. We will coordinate with street lighting vendors and contractors as needed throughout the course of the project.

IMPLEMENTATION PLAN
KOA will work with the City to develop a high-level implementation plan for the future street light conversion. We will meet with City staff to determine areas where street lighting has already been converted/upgraded, areas that have been the most problematic, etc. KOA will also work with the City to determine funding sources that are available to fund future street light conversion projects. We will research current and upcoming grant opportunities the City may be able to pursue.

TECHNICAL MEMORANDUM
KOA will submit a technical memorandum summarizing our analysis and research to the City for review. We will prepare one (1) revision of the technical memorandum.

Street Lighting Systei'ns Coiwersion Study
City of South Gate

MC31114 R1
103

A LOCHNEFI COMPANY
TASK 3 - COORDINATION & MEETINGS
KOA will coordinate with the City Project Manager throughout the course of the project. We will attend one (1 ) kick-off meeting and two (2) coordination meetings with City.

SCOPE ASSUMPTIONS & EXCLUSIONS
Field work to verify existing conditions is excluded from the scope of work.

FEE ESTIMATE
KOA will perform the work specified in the scope above based on the time and materials fee not to exceed $62,417.99 as shown below:

KIA

A LOCHNER COMPANY

DELIVERABLES
Hourly Rates (Fully Burdened)
Master Plan Review
Determination of Recent Changes

SUBTOTAI
@'ll
Alternatives Analysis
mplementation Plan
Technical Memorandum & Revision

SUBTOTAL
@ @ ' e I ;
Kick-off Meeting
Coordination Meetings (2)
General Project Management

SUBTOTAL

TOT AL BASE SERVICES
6 2
8 1
2 8
11 105
16 4
20 194
16 20
230
22 6
28 232
32 52
316
2 4
8 14
38 $3,799.22
$1,065.50
$4,864.72
$38,024.74
$6,113.12
$10,418.08
$54,555.94
$382.07
$764.14
$1,851.12
$2,997.33
62,41 7.99
The budget is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work scope is considered complete upon submittal of a final document by KOA. Any additional services requested will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

If the work described within this letter is not authorized in 30 days, if changes occur in the work scope or level of effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA's control, we reserve the right to Street Lighting Systems Conversion Study
City of South Gate

MC31114 R1
104

A LOCHNEFI COMPANY
revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement.

STAFFING
Mr. Giuseppe Canzonieri, PE, will be the Project Manager and the person to contact regarding the status of this project. He can be reached at (323) 260-4703 or via email at [email protected]. KOA reserves the right to change the assigned staffing on this project if necessary.

OPINION OF PROBABLE PROJECT COST AND CONSTRUCTION COST Since KOA has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, KOA's opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of KOA's experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but KOA cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from opinions of probable cost prepared by KOA. However, KOA represents that it will use reasonable engineering care and judgment commonly exercised by an engineer in the same or similar circumstances in making and transmitting such cost estimates to the Client.

WORK SCHEDULE
KOA envisions a ten-week schedule from authorization, to the delivery of the initial documents to the client. Incorporation of comments can be accomplished within two weeks of receipt from the City. KOA is not responsible for delays caused by factors beyond KOA's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the KOA's services or work product promptly, or delays caused by faulty performance by the Client or by other consultants or contractors of any level. When such delays beyond KOA's reasonable control occur, the Client agrees the KOA is not responsible for damages, nor shall KOA be deemed to be in default of this Agreement.

GOVERNING LAW
The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State.

AUTHORIZATION
A professional service agreement shall be prepared and executed prior to work.

Sincerely
KOA A Lochner Company
Giuseppe Canzorueri, PE
Managing Director Senior Engineer
Street Ligliting Systems Conversion Study
City of Soutli Gate

MC31114 Rl
105
h
Contract 2020-16-CC
Attachment B
AGREEMENT FOR AS-NFJ:DED PROFESSIONAL ENGmERING SERVICES This Agreement for Professional Enginee*g Services ("Agreement") is made andentered into on February 25, 2020, by and between the City of South Gate, a Municipalcuipuialiou, ("City"), and KOA Corporation, a Cajifornia Corporation ("Consultant"). TheCity and Consultant are sometimes hereinafter individually referred to as a "Party" andcollectively as "Parties,"

RECITALS
WHEREAS, City desires to engage Consultant to perform certain technical andprofessional engineering semces, as provided herein, in connection with that certain projectidentified as: AS-NEEDED PRUFkSSlONAL ENGINEERING SERVICF,S; WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge,qualifications, manpower and expertise to perfomn properly and timely the As-NeededProfessional Engineering Services under this Agreement; and WHEREAS, based on such representation, City desires to contract with Consultant toperform As-Needed Professional Engineering Services described in the Proposal attached heretoas Exhibit "A." NOW, THERji:FORE, IHE PARTIES HF,REBY AGREE AS FOLLOWS:

1. PARTIESTOTHEA,(.RVE?l"IENT
The parties to the Agreement are:

A. Owner: The City of South Gate, a municipal corporation, having its principal office at 8650 California Avenue, South Gate, Califomia 90280.

B, Consultant: KOA Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754

2. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICES.The representatives of the parties who are parily responsible for the administration ofthis Agreement, and to whom formal notices, demands and communications shall begiven, are as follows:

A. The pmcipal representative of the City shall be:

Arturo Cervantes, P.E.
. Assistant City Manager/Director of Public Works
106
Contract 2020-16-CC
Public Works Department
City of South Gate
8650 CaliforniaAvenue
South Gate, CA 90280
B. The principal representative of the Consultant shall be:

Stephen Bise, P,E.

KOA Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
C. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by mail.

D. If the name of the picipal iepieheulaiive designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given within five (5) working days of said change.

SCOPE OF WORK
The City hereby engages Consultant, and the Consultant accepts such engagement, to perform the As-Needed Professional Engineemg Services ("Work") identified on Exhibit "A" hereto. The locations at which such Work is to be perfomied ("City Facilities") are also identified on Exhibit "A" hereto. The Work shall include all the temis and conditions of Consultant's proposal dated August 29, 2019 ("Proposal"), which shall be attached as part of Exhibit "A" and which is incorporated herein by this reference; provided, however, that to the extent the Proposal conflicts with anything else in this Agreement, the terms of this Agreement shall control.

DATAPROVlUji:D l'UCONSULTANT.

City shall provide to Consultant, without charge, all data, including reports, records, maps and other information, now in the City's possession, which may facilitate the timely performance of the work described in Exhibit "A".
iivuEPKivDENT CONSULTANT.

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

A. 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 directly understood that 107
Contract 2020-16-CC
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.
mDEMNIFICATION OF CALPERS DETF,Rilui<AliON.

In the event that Engineer or any employee, agent, or subcontractor of Engineer providing services under the Agreement claims or is detemiined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Engineer shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Engineer 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.

CONSULTANT'S PKRSOaEL.

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

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

C. Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security,
D, Consultant shall indemnify and hold harmless the 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 or omissions by Consultant in connection with the work performed arising from this Agreement.

COMPENSATION.

A. The total amount of this Agreement shall not exceed the sum of Two Hundred Forty Thousand Dollars ($240,000). City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred unless first approved by the City Manager, As explained in more detail in Section 8.C below, Consultant's fees and charges for the work and services performed shall in no event exceed those set forth in Hxhibit "A" attached hereto and made a part hereof. Notwithstanding anything to the contrary in the proposal, invoices will be 108
Contract 2020-16-CC
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.

Consultant shall be required to attend meetings as necessary in the delivery of the projects. Travel time between the Consultant's office and the meeting location shall not be billable; however, mileage will be. Consultant may request m exemption on a case by case basis, which shall be subject to City approval.

Consultant acknowledges that it is one of three engineemg fimis engaged by the City to peform such services, The City does not )mow how much of the annual work will be assigned to Consultant and how much will be assigned to the other fimns. Consultant acknowledges that the City has not guaranteed to assign any amount (minimum or otherwise) of that work to Consultant, and Consultant acknowledges that its annual compensation hereunder may be significantly less than the "not to exceed" sum get forth in Section 8, above.

To help monitor the City's budget Consultant shall notify the City, in writing, within 2 business days whenever Consultant's approved budget reaches 75oA of the total project budget. For example, if the City awards Consultant a project budget of $40,000, Consultant shall notify the City, in writing, when said budget has reached $30,000.

INDEMNITY AND mSURANCE,
A. Consultant agrees to indemnify, hold harmless and defend the City, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever incurred in or in any manner arising out of or related to Consultant's negligent or willful acts, errors or omissions, or those of its employees or agents. Consultant will deliver to City a certificate of insurance evidencing professional liability insurance coverage in an amount not less than $1,000,000.

B. (1) The Consultant, at its expense, shall maintain in effect at all times during the perfomnance of work under this Agreement not less than the following coverage and limits of insurance, which shall be maintained with insurers listed "A" or better in the Best's Insurance Guide and authorized to do business in the State of Califomia.
(a) Workers' Compensation and Employer's Liability
Workers' Compensahon-coverage as required by law.

Employer's Liability-limits of at least $1,000,000 per occurrence. 109
Contract 2020-16-CC
(b) Comprehensive General Liability
Combined Single Limit-$1,000,000.

The automobile and comprehensive general liability policies may be combined in a single policy with a combined single limit of $1,000,000. All of the Consultant's policies shall contain an endorsement providing that written notice shall be given to City at least thirty (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
(2) Policies providing for bodily inju7 and property damage coverage shall contain the following:
(a) An endorsement extending coverage to City as an additional insured, in the same manner as the named
insured, as respects liability mising out of the pti['uiiuauve of any work under the Agreement. Such insurance shall be pary insurance as respects the interest of City, and any other insurance maintained by City shall be considered excess coverage and not contributing insurance with the insurance required hereunder.
(b) "Severability of hiterest" clause.
(c) Provision or endorsement stating that such insurance, subject to all of its other temis and conditions, applies to the liability assumed by Consultant under the Agreement, including without limitation that set forth in Section 10.A. (3) Promptly on execution of this Agreement and prior to commencement of any work Consultant shall deliver to City copies of all required policies and endorsements to the required policies. (4) The requirements as to the types and limits of insurance to be maintained by the Consultant are not intended to and shall not in any manner limit or qualify Consultant's liabilities and obligations under this Agreement.
(5) Any policy or policies of insurance that Consultant elects to card as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Agreement shall include a provision waiving the insurer's right of subrogation against the City.

10. TERMINATION FOR CONVENIENCE.

The City may terminate this Agreement at any time without cause by giving 110
Contract 2020-16-CC
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 a total amount equal to its costs as of the temiination date, plus ten percent (10o/o) of that amount for profit. In no event shall the amount payable upon temiination exceed the total maximum compensation provided for in this Agreement.

11. TERMINATION FOR CAUSE,
A. The City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances. (1) If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof, or
(2) 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 within a period of ten (10) days (or such longer period as City may authoie in writing) after receipt of notice from City specifying such failure.

B. In the event City terminates this Agreement in whole or in part as provided above in paragraph A of this Section 10, City may procure, upon such temns and in such manner as it may deem appropriate, services similar to those terminated.

C. If this Agreement is terminated as provided above in paragraph A, City may require Consultant to provide all finished or unfiriished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work pefortned. hi 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, D. If, after notice of termination of the Agreement under the provisions of this Section 10, 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 Section 9.
111
Contract 2020-16-CC

12. NONDIS(M?MmATIONANDEQUALEMPLOl'MK,riTOPPORlOisiiy.

A. In the pefomiance of this Agreement, 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 semces and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City govemments. Consultant will take affimiative action to ensure that subcontractors and applicants are employed, and that employees are treated dumg employment without regard to their race, color, religion, ancestry, sec, national origin, handicap 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 discation. Such employment practices include but are not limited to hiig, upgrading, demotion, transfer, recruittnent, recnxihnent advertising, layoff, temnination, rates of pay or other forms of compensation, and selection for training, including apprenticeship B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any semces under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of detemiining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by tis reference. A copy of Executive Order No. 11246 is available for inspection and on file with the Public Works Department.

13. CONSULTANT'SWSANDRE}SKI4TATIONS.

Consultant warrants and represents to the City as follows:

A. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.

B. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement, Upon such breach or violation of this warranty, the City shall have the right, in its sole discretion, to temiinate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. Consultant has no knowledge that any officer or employee of the City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to the City, even if such interest would not be deemed a 112
Contract 2020-16-CC
prohibited "conflict of interest" under applicable laws.

D. Upon execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the perfomance of Work required by this Agreement, nor shall any such interest be acquired during the Temi of this Agreement.

14. SUBCONTRACTmG, DELEGATION AND ASSIGNMENT
A. Consultant shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the Director of Public Works; provided, however, that claims for money due or to become due to Consultant from City under this Agreement may be assigned to a bank, tnust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the semces to be covered, identification of the proposed assignee, delegee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegee or subcontractor shall include the following:
(1) The amount involved, together with Consultant's analysis of such cost or pnce.
(2) A provision requimg that any subsequent modification or mnendment shall be subject to the prior written consent of the City.

B. Any assignment, delegation or subcontract shall be made in the name of the Consultant and shall not bind or purport to bind the City and shall not release the Consultant from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegee and subcontractors. No such assigent, delegation or subcontract shall result in any increase in the amount of total compensation payable to Consultant under this Agreement.

15. OWNERSH[POFDOCUMENTS.

Al] plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by Consultant in the course of performing the work required by this Agreement shall be the property of the City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use,

16. ENTfRR AGRF,FMENTAND.ulENDkIkaSl'laS.

A, This Agreement supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally. 113
Contract 2020-16-CC
B. No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by Consultant hereunder, shall be binding unless in writing and signed by the party against whom the smne is sought to be enforced.

C. Consultant acknowledges and agrees that it has consulted with an attomey, or has knowingly foregone the opportunity to do so and executes this Agreement knowingly andvoluntmily.

17. RESOLUTIONOFDISPUTES.

Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. hi the event that the parties cannot reach agreement, parties agree to submit their dispute to non-binding arbitration prior to the commencement of any legal action or suit. The parties are free to choose a mutually agreeable arbitrator; however, in the event of a lack of agreement between the parties, the matter shall be submitted to the American Arbitration Association and be subject to its Commercial Arbitration Rules.

Each party shall bear its own costs mid fees, and share equally in the cost of the arbitration fee,

18. SEVERABn,rfY.

If any provision of this agreement is held by court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way.

19. EXHIBITS.

The following exhibit to which reference is made in this Agreement is deemed incorporated herein in their entirety:

Exhibit"A" ProposaldatedAugust29,2019

20. U(ffl:RNINULAW.

This Agreement shall be governed by the laws of the State of Califomia,

21. EFFECTIVEDATE.

Unless otherwise specified herein, this Agreement shall become effective as of the date set forth on which the last of the parties, whether City or Consultant, executes said Agreement, mid shall terminate on Febnuary 25, 2022 unless terminated othese in accordance with the terms of this agreement.
[Remainder of page left blank intentionallyl
l'l
114
Contract 2020-16-CC
KN 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:

BY:

Dated: 3//' ,/gozo
ATTEST:

APPROVED AS TO FORM:

F, Salinas, City Attomey
KOA CORPORATION:

By:

Dated: z-A {z-o
115
STATEME-.N-t- Or OLJALlFf(.,ATR')NS

REQUEST FOR QUALIFICATION (RFQ) FOR AS

NEEDED PROFESSIONAL ENGINEERING SERVICES
('.J'T'Y (.)F S()UTH GATI
@ t'ilJCili'b-i- (-'i ,.)(-11(l
l'-1
116

TABLE OF CONTENTS
SECnON 1: LETTER OF TRANSMITTAL
SECTION 2: EXECUTIVE SUMMARY
Addendum No. I
Addendum No. 2
Addendum No. 3
SECTION 3: GENERAL COMPANY INFORMATION
SECTION 4: KEY PERSONNEL QUALIFICATIONS
Organimtioml Charl
Resumes
SECTION 5: REFERENCES
Prr:iject Profiles
SECTION 6: CONTRACTS WITH OTHER AGENCIES
SECTION 7: HOURLY RATE SCHEDULES
SECTION 8: INTERGOVERNMENTAL FUNDING SECURED FOR MUNICIPAL CLIENTS SECnON 9: STATEMENT OF FmM'S UNDERSTANDING
SECTION 10: INSURANCE
SECTION 11: SUBCONSULTANT QuALlFICAnONS
Firm Profiles
Resumes
Projects
K*A
3 5
6 13
14 20
117
SECTION 1

LETTER OF TRANSMITTAL
2i
118
1100 Corporate Center Dr., Suite 201, Monterey Park, CA 91754 Tl {323) 260-4703 I F: (323) 260-47051 www.koacorp.carn MONTEREY PARK ORANGE ONTAR[O SAN D!EGO LA QUtNTA KIA
TO Dear Mr. Herrera:

Mr. Clint Herrera, PE
City Engineer
City of South Gate
8650 California Ave
South Gate, CA 90280
FROM
Mr. Stephen Bise, PE
Managing Director
[email protected]
T: (714) 573-0317
F: (714) 573-9534
RFQ
Request for Qualification
(RFQ) for As Needed
Professional Engineering
Services
DATE
August 29, 2019
KOA Corporation (KOA) is pleased to submit this proposal package to describe our experience and capability to provide the City of South Gate with as-needed professional engineering services.

Within the enclosed package, you will find that the KOA team has provided wide-ranging engineering services to many municipalities and various public agencies around Southern California. We have satisfied many of our clients with the quality of our work products and responsive service. Consequently, many of our current clients are repeat customers; we are proud of that fact. We have assembled a team that is ready to demonstrate our exceptional qualities to the City's staff and establish a long-term working relationship with the City of South Gate.

KOA is based in Southern California with over 100 staff members.

Although we may not be considered a "large" company, we believe KOA is the ideal size to provide attentive and responsive service to City staff. We are not a large, national, or international firm that would be distracted or pulled away by projects out-of-state or overseas. Our primary business is helping public agencies in Southern California with their public works infrastructure projects.

On the other hand, we are not too small as we have the core competency and depth of resources to meet the City's needs. With KOA, the City of South Gate will get a stable team that is familiar with the procedures and standards that are utilized by the City. A core group will be dedicated to any assigned task order so that City staff does not have to deal with any changing personnel, lack of continuity, and inefficiencies by the consultant team.

Giuseppe Canzonieri, PE, will be the Program Manager for this contract. He has 15 years of experience and is a Vice President of KOA Corporation. Giuseppe has experience in the field of civil street improvements, geometric design, traffic signal design, traffic control design, pedestrian facilities, project and program management, plan checking, construction support, budgeting, schedu)ing, and writing technical reports. He will be the primary point of contact at KOA for the required scope of services needed for any projects assigned to us and will serve as the chief facilitator 'Zr'a' a'I:a' "2"':i "12"i'sa "L'-'a'>,;iq'q""'1"'a'a::>l'ii-I'-i:aa';"":':j!:'A:"":i!';'<':h:':"'a'"'!'a\;1 W'! 119
2100 Corporate Center Dr., Suite 201, Monterey Park, CA 91754 T:(323) 260-4703 I F: (323) 260-4705 I www.koacorp,com MONTEREYPARK ORAN3E ONTAR)O SANDtEGO LAQu{NTA K*A
for those projects. He will make sure the right experts are working on our project assignments and project goals are achieved. Giuseppe will always be availabl.e to the City to ensure that the KOA team ismeeting your expectations on work quality and performance.

We will be supported by a team of carefully selected KOA team members and subconsultants whocollectively have the relevant skills and experience to handle any potential task order issued by the City. We have worked with these firms for years and have found them to be highly experienced, reliable, and professional. Our team will be a valuable asset to the success of this project.

The work for this project will be managed from our Monterey Park office, located at 1100 Corporate Center Drive, Suite 201, Monterey Park, California 91754. Our office is located less than 10 miles fromCity Hall; we can often meet with City staff at a moment's notice whenever necessary, If you have any questions or if you require additional information regarding this proposal or our qualifications, please contact Giuseppe at (323) 260-4703 or via e-mail at gcanzonieri@koacorp. com. He will be the designated contact person for this proposal and for the proposed as-needed professional engineering services. We look forward to the opportunity to become the City of SouthGate's most trusted and capable engineering consultant firm.

Sincerely,
KOA Corporafion
Stephen Bise
Managing Director
iii
25 120
.11 l."
SECTION 2

EXECUTIVE SUMMARY
121
K*AEXECUTIVE SUMMARY
KOA is based in Southern California with over 100 staff members.

Although we may not be considered a "large" company, we believe KOA is the ideal size to provide attentive and responsive service to City staff. We are not a large, national, or international firm that would be distracted or pulled away by projects out-of-state or overseas - our primary business is helping public agencies in Southern California with their public works infrastructure projects.

On the other hand, we are not too small as we have the core competency and depth of resources to meet the City's needs. '/Vith KOA, the City of South Gate will get a stable team who is familiar with the procedures, standards, etc. that are utilized by the City. A core group will be dedicated to any assigned task order so that City staff does not have to deal with any changing personnel, lack of continuity, and inefficiencies by the consultant team.

We will be supported by a team of carefully selected KOA team members and sub-consultants, who collectively have the relevant skills and experience to handle any potential task order issued by the City. We have worked with these firms for years and have found them to be highly experienced, reliable, and profession. Our team will be a valuable asset to the success of this project.

The work for this project will be managed from our Monterey Park office, located at 1100 Corporate Center Drive, Suite 201, Monterey Park, California 91754. Our office is located less than 10 miles from City Hall, and we can often meet with City staff at a moment's notice whenever necessary,
i4.tE.(')tJt- ST' r OF< (-,)UA11! [( )St-T{'-)rSl € R(-(;I) S Ok< A'..: l"-l)' EIJ)Er') I)F':O)" M.';!C-)NAL. EN(:iTN[El"!IN(i ciERVR-..')=S l'-''aj-Y(-)t"-()!'jH'iAli- ADS
122
K*A

EXECUTIVE SUMMARY

WORK APPROACH
The staffing and resource level needed for the project's scope of services will depend on the type of project, the size of the project, and the schedule. In order to determine the appropriate staffing and resource levels, the KOA Program Manager will typically go through the following process:

The KOA Program Manager will review the work order provided by the City and assign a KOA Project Manager, or sub-consultant, to the project.

If there are any uncertainties or other potential work scope items not covered in the work scope, the Project Manager will discuss with the City to make sure the project scope is complete and well-understood.

Once the project scope is understood, the KOA Project Manager will prepare a proposal. After approval by the City (and an agreement is executed), the KOA Project Manager will schedule a kickoff meeting with the City to confirm the scope, schedule, and overall expectations.

After the kickoff meeting, the KOA Project Manager will lead the effort in establishing a dedicated KOA design team for the project that can meet the schedule and work expectations of the City.

Our KOA Project Manager, will be responsible for overseeing the overall project delivery and delegating work tasks to our firm's design staff, so that there are adequate resources working on the project to meet the necessary timeframes for submittal.

We will also have an experienced lead project engineer assigned to the project, who is also very familiar with design projects and agency requirements. Our )ead project engineer will closely oversee the day-to-day design production efforts and will also serve as an assistant project manager to provide an additional point of contact and to ensure continuity of staff assigned to the project.
2u
123

KIAEXECUTIVE SUMMARY
The number of staff assigned to the project will be dependent on the size of the project, as well as the project's timeline. Depending on the number of plan sheets and documents we need to prepare and the submittal schedule, we can gauge how many staff members we need to assign to the project. We believe our team has the staff depth and resources available to complete any foreseeable assignment.

Generally, when we conduct field reviews, our field crew will consist of two staff members. If the project involves multiple locations and a tight deadline, we may send more than one field crew out, in order to expedite the work effort (but we won't take shortcuts on the thoroughness and quality of our field reviews).

When preparing design plans in the office, the number of staff assigned to the project will depend on the number of plan sheets we need to prepare and how soon we need to finish them.

If the project is relatively small and the schedule is manageabfe, we may have 1 or 2 design staff members involved. We will assign more design staff to the project, when the project tends to be larger. We have the flexibility to assign several staff members to a project, if necessary.

Regardless of how many design staff we assign to the project, the KOA Project Manager and a lead project engineer are always involved.

In the event an assignment requires special staffing needs and the services of outside specialists, we will include them in our proposal. As the prime consultant, it is our responsibility to ensure that any firms we hire comply with the necessary work scope and expected timelines to meet the City's requirements for the project.
23 124
K*A

EXECUTIVE SUMMARY I ADDENDA CONFIRMATIONS OF RECEIPT
City of South Gate
8660 CALIFORNIA AVENUE - SIOU'ffi GAoa aA 905180 - 'a: (a23) !?-968? DATEi August 19, 2019
TOi Pmspective Consultants
SUBJECTi ADDF,NDUMN0.1-REQUESTFORQUALIFICATION8(RFQ)FORA8- NKKI)W KN(aNHJRlNG NKHVI(;a
Addendum consists ofone (1) page.

In refemce to the subjgt RFQ, the following modifications haw ban made:

1. RevisionstodieSUBMl'JTALRlQUmF,hjENl!Th(pagej)aalistai:
a. REPLACE - Ram N mth the following:
%vida aminimumofthm (3) uda umoffive (5) reference forsimilar oontgUi pdormedwit the past five (5) years.

2. Ramsiona to the FORM[AT FOR SOQ SUBMnTAL (page 4) u listed:
a. REP[Aamthdiefollowing:
* Hourlytwo(2)yearratesabedule
The following quaitions received shall be acknowledged. : IsthapmposalrequiredtoindudeallindicatedsemoaintmRFQ,as degribal in "Atbichment 1"?
END OF ADDENDUM N0. 1
ADDENDUM A('nnWTJ'l)CE4r
Cansultan € ackaowledga the reeelpt or thb Add*adum Nb l which shall be attached lo the Executtve Summary.
a Managing Director 8/29/2019
Stephen Bise
25 125
K4!!!=A

EXECUTIVE SUMMARY I ADDENDA CONFIRMATIONS OF RECEIPT
,$1
City of South Gate
8650 CALJFORNIA AVF,NUE - SOUTH GATE, CA 90280 - TEL: (,3513) 357-96!i7 FAX: (828) 56a-9672
DATE: August 22, 2019
TO: Prospective Consultants
FROM: ClintHerrera,P.E..CityEngineer (4'
SUBJECT: ADDENDUM N0. 2 - REQUEST FOR QUALIFICAIIONS (RFQ) FOR 45-

NEEDED ENGINEE,RING SERVICES
This Addenduxn consists of two (2) pages.

In reference to the subject RFQ, the following modifications have been made:

1. Revisions to the SUBMITTAL REQUIREMEN'rS (page 3) as listed; a. REPLACE - ITEM #11 with the following:

Hourly rntes shall rematn firm for the duration of the 2-year contract. The hourly rate schedule shall desigrmte hourly rates for various as-needed services for the diu"ation of the contract and shall be part of the SOQ.

2. RevisionstotheFORMATFORSOQSUBMITTAL(page3)aslisted:
a. REPLACE with the following:
t,imit your proposal to 30 typed pages, single sided or less (excluding Letter of Transmittal, Executive Sunnmary, Table of Contents, Resumes, References.

Organization Chart, and dividers) with a minimiun font size of 12 point.

3. Revisions to the FOR?ViAT FOR SOQ SUBMiTTAL (page 4) as listed:
a. ADD the follomng:
* Organization Chart (to be presented on 11" x 17" sheet ts optional) The following questions received shall be acknowledged. z'(nswer#l: Yes. Resumes are required for all team members involved with their specific service, including sub-consultants.
: Is it required to submit a minimum of three (3) and miiximurn oF five (5) log
126
K*A

EXECUTIVE SUMMARYI ADDENDA CONFIRMATIONS OF RECEIPT
references for the prime consultant and each sub-consultant? END OF ADDENDUM N0. 2
ADDENDUM ACKNOWLEDGEME!SiT
Coniultsint acknovledgei the reeeip € or this Addendum No. 2 which shall be attached to the Execudve Summary,
Srgnatura and Title
Managing Director 8/29/2019
Date
Stephen Bise
3o
127
K*A

EXECUTIVE SUMMARYI ADDENDA CONFIRMATIONS OF RECEIPT
City of South Gate
8WO WOMtA AVENUE,-SOUTH aATB, aA 9H80 - 'ffJ,: (3!ffi a5?48a7 DATE:

TO:

FROM!
August27,2019
Pmspeetive Consultmibi
CltntHemra,P,E.,CityEngineer <
8UBJEa'a AnllrT!lDUA%rlU.J-RJ!:QUE8TFORQUjULIFICAIkuN8(RFQ)buRAS- NEEDJj) K%lN!;Kd'ltv !MV lL:M
This Addendtun conaists of one (l) page.
hi mfetens'e tothe subiat RFQ, thefollowing modifimtions mve bean made:

1. Revisions to the FORMAT FOR SOQ SUBMffTAL (page 3) as listed:
a. REPLACTi with the following:

Limit your proposal to 30 typed page, single sided or lm (mclud*ng Letter of Transmittal, Executive Summary, Table of Contents, Raumes, Referenas, Fee Qphrirlnlpqa nrgnnhiiton f'hqrt, and dividers) widi aminimum font size of 12point END OF ADDENDUM N0. 3
ArlnENnTlM ACKNnWTln(:RiNT
Consultant aeknowledga die receipt of tbb Addendum No, 3 which shall be attached to thegxecuttve Summary. #fl Managing Directorignature and Title
8/29/2019
Date
Stephen Blse
128
SECTION 3

GENERAL COMPANY INFORMATION
129

GENERAL COMPANY INFORMATION

FIRM BACKGROUND
Founded in 1987, KOA is a leading provider in civii engineering, traffic engineering, transportation planning, and construction management services for public agencies and private sector clients. We offer our clients technical knowledge, innovative solutions and responsive services, The hallmark of our success is our dedication to each and every project and our desire to leave a legacy of extraordinary contributions to our communities. Our staff includes certified transportation planners, registered civil and traffic engineers, project/construction managers, and construction inspectors. With six offices located in Southern California, KOA has provided engineering services for some of the largest public works and transportation planning projects throughout California.

FIRM EXPERIENCE
KOA understands the importance of providing supportive, timely, and cost-effective services required in a successful On-Call consulting relationship. KOA has been or is currently providing on-call planning services for Los Angeles County Metropolitan Transportation Authority (LACMTA), Orange County Transportation Authority (OCTA), Western Riverside Council of Government (WRCOG), Los Angeles County Department of Public Works, City of Los Angeles Department of Transportation (LADOT), Port of Long Beach (POLB), West Hollywood, Culver City, Glendale, and Monterey Park. The task orders we obtained from these on-call planning services include ATP planning work, grant writing and management, GIS/GPS data collection and database management, staffing support, as well as traffic and transportation evaluations.

Our services have induded responding to the City's requests for technical assistance in traffic signal design, traffic signal timing and phasing, plan checking of traffic signal plans prepared by developers, and responding to traffic signal engineering issues throughout the City. Our on-call transportation planning services to the City have included peer review studies, traffic impact studies, trip generation studies, parking studies, bicycle and pedestrian planning and neighborhood traffic management planning.

KIA

PROJECT OFFICE LOCATION
KOA Corporation
1100 Corporate Center Drive,
Suite 201
Monterey Park, CA 91754
Tel: (323) 260-4703

STRUCTURE OF THE

ORGAMZATJON
S Corporation

PROPOSED PROGRAM

MANAGER & MAIN CONTACT
Giuseppe Canzonieri, PE
Senior Engineer
1100 Corporate Center Drive,
Suite 201
Monterey Park, CA 91754
Tel: (323) 260-4703
Fax: (323) 260-4705
[email protected]

TYPES OF SERVICES
Civil Engineering
Traffic Engineering
Transportation Planning
Active Transportation
Highway Pt Transportation
Design
Program Management
Construction Management

YEAR FOUNDED
1987
KIA
130
lt
SECTION 4

KEY PERSONNEL QUALIFICATIONS
131
K*AKEY PERSONNEL QUALIFICATIONS AS-NEEDED SERVICES CHART General Civil Design/Plan Check
Traffic Signal and Interconnect Design/
Traffic Improvement Plan Check
Structural Engineering Design
Street and Park Landscape Design/
Facilities, Architecture, and Landscape
. Architecture Design/ Landscape Plan
Check
Survey/ Map Plancheck/Right of Way
Geotechnical, Engineering Geology, and
, Materials Testing
Master Plans
Construction Management and
Inspection
Special Funds Administration and Grant
Writing
Acquisition Project Oversight/
Reimbursement
Formation/Reapportionment
Hydrology and Hydraulics Check
Right of Way Support
Transportation Studies and Reports/
Development Review Services
3S
132
KEY PERSONNEL QUALIFICAnONSI ORGANIZATIONAL CHART
K*A
gs;ffthcate
1@lff4 l'ia FaE
Irbl Ei
,l, ,=,l'..i5 -+I;J'*: F'zireR.ahxJEa"ai-ria;;,r=H-')'i(),ai4, IILI r C
;lhi +.fa: -.tr: QSP, :iSL;
133

KEY PERSONNEL QUALIFICATIONS RESUMES
GIUSEPPE S. CANZONIERI. PE
Giuseppe Canzonieri is a Senior Engineer with KOA. He has performed numerous projects for both public and private developments throughout Southern California. He has considerable experience working with roadway design, traffic signal design, signing & striping design, traffic control design, construction specifications and cost estimates. He has served as project manager and projed engineer on several civil and traffic engineering design projects for several cities throughout Southern California. Giuseppe is also known for his quality control capabilities and providing clients with high quality construction documents. He has significant knowledge working with multiple design platforms induding AutoCAD, Civil 3D, and Microstation.

RELEVANT EXPERIENCE
- Safe Routes to School Planning and PS&E, Burbank, CA - 2016-2019 Pavement Rehabilitation Projects, Culver City, CA - HSIP Cycle 7 Traffic Signal Improvements, Pico Rivera, CA K*A

EDUCATION
S'AtCe"#o' Elyn!c'h'neicr'nU'n'ivCearls:.n'a
Pomona, CA

REGISTRATION

CHUCK STEPHAN, PE
:"ROJECT (V1ANAGER/ PRINCIl"Al,i r<OA
Chuck Stephan has 37 years of experience in civil engineering design and project management work for many municipalities and private firms. He has diverse experience in planning, design, management, and construction of transportation and other projects in both the civil and construction management disciplines.

Chuck specializes in project management, civil engineering design, and construction management for municipal Capital Improvement Projects, induding pavement design and rehabilitation; ADA improvements; water pipelines; storm drain and sanitary sewers; medians and landscaping; parking lots; site improvements; plan checking; NPDES requirements.

RELEV ANT EXPERIENCE
Foothill Blvd Ma-ster Plan Irriprovements PS&E, Claremont, CA Torrance, CA

EDUCATION
BS, Agricultural Engineering,
California Polytechnic State
University, San Luis Obispo, CA

REGISTRATION
Professional Engineer, Civil, HI
No. PE-8432
3}
134

KEY PERSONNEL QUALIFICATIONS RESUMES
MING GUAN, PE.
:iij'J()l< iEi'ai("'iff',EER ' kOA
Ming Guan has 14 years of experience with work in street, highway, freeway, and interchange design, including extensive experience in urban street intersection design. She has worked on roadway alignment and drainage studies and their designs. She is adept in the use of AutoCAD Civil 3D and Microstation. Ming has been instrumental in completing design projects in accordance with stringent Caltrans requirements. She is the co-author of a technical textbook entitled "Highway Geometric Design using InRoads" along with Professor Xudong Jia of Cal Poly Pomona. Her recent work includes multiple Safe Routes to School projects for which she prepared technical memoranda and final PS&E packages.

RELEVANT EXPERIENCE
- SR-60/Perris Blvd. Lane Widening and Traffic Signal Modifications, Moreno Valley, CA
Mt. Vernon Avenue over UPRR Bridge and Roadway Widening Project, City of Colton, CA
I-10/Rancho Avenue Eastbound On-Ramp Improvements,
Colton, CA

STEPHEN BISE, PE

INIOR ENGINEERI KOA
Stephen Bise has managed numerous civil and traffic engineering projects for several municipalities throughout Southern California. His project experience consists of preparing final plans, specifications, and estimate (PS&E) packages for various improvements to roadways/highways, intersections, drainage, low impact development (LID) implementation, traffic signals, ITS, lighting, signing/striping, and planning for future development.

He also has extensive experience in complete streets design and implementation, which include safe multi-modal integration with aesthetic elements such as landscape and street furniture.

RELEVANT EXPERIENCE
Foothill Blvd Master Plan Improvements, Claremont, CA Temple City Rosemead Boulevard Safety Enhancements Design/Study, Temple City, CA
Carson Street Master Plan Implementation Project, Carson, K*A

EDUCATION
University, Pomoni, CA
Pomona, CA
REGISTRAnON
TPrraofffelcs,sCioAnaNI OErff7in9e5er (TE),
EDUCAnON
sBtS,CeivPiollEyntegCinenelcrinUg.Cearlsif,oyr,nia
Pomona, CA

REGISTRATION
CA
135

KEY PERSONNEL QUALIFICATIONS RESUMES
CHARtES (CHARLIE) M. SCHWINGER, 9E, TE, PTOE
gFiSmT:F'. Fi'o)(:fl')EE R j KOA
With 42 years of experience atn applying practical engineering solutions to the transportation planning process. His responsibilities include project management, design, analysis, data coliection/surveys, construction plans, specifications, and technical reports. His experience in transportation includes: street and highway design; intersection and interchange design; trail and sidewalk design, signal design for isolated, interconnected and coordinated systems; street lighting design; signing and marking design; traffic control plans; accident analysis; traffic impact studies; capacity analysis; parking studies; public involvement; traffic circulation studies; origin-destination studies; transportation modeling; and citywide and corridor transportation studies.

RELEVANT EXPERIENCE
- Escondido Creek Bikeway Missing Link Project, Escondido, CA- Palm Drive Systemic Safety Analysis Report (SSARP), DesertHot Springs, CA Avenue 50 Improvement, Coachella, CA
Rio Vista Street, Seeley, CA

YOUNG PARK, PE, QSP/D
CFENIOR ENGINEER i KOA
Young Park has over 31 years of diverse civil engineering and project management experience with public works and private land development projects for various Southern California cities.

As a former city employee, he has the knowledge and ability to apply practices of municipal engineering to private and CIP public works projects. For the past 12 years, he managed the design and construction of public works CIP projects. This included Caltrans Districts 7 and 12 coordination for federal aid projects; administering requests for proposals and the public bidding process; recommending the selection of consultants; negotiating design and fees; contract award; notice-to-proceed; performing road design tasks; and solving roadway engineering problems.

RELEVANT EXPERIENCE
- Walker and Gage Avenues Intersection improvements HPP-FTiP, Bell, CA Florence and Gage Avenues resurfacing project STP-L, Bell,CA Bandini Private Development project- PM 71920, Bell, CA K*A

EDUCATION
BS, Civil Engineering, Iowa
State University, IA

REGISTRATION
TPrraofffelcs,siCoAnaNI OErPRin2e8elr5(TE),
ITE Certified Professional
Traffic Operations Engineer,
PTOE, No. 318

EDUCATION
Fullerton
A'AgCUnivEeni\!ryeSreonul,CK'?e'?-

REGISTRATION
QSD/QSP Certificate - Cert.No. 01155 (Qualified SWPPP Practitioner/Developer)
136
K*A

KEY PERSONNEL QUALIFICATIONS I RESUMES
P,A\ WANG, PE, LEED AP
a>tEFl-'(JR i:NGrN EE R i KOA
Ray Wang has 24 years of civil and transportation engineering experience as a project manager/lead project engineer while managing and designing highways, rail/transit facilities, and other major transportation infrastructure. His experience spans all phases of project development, from conceptual planning to final design and construction engineering. He manages and designs his projects with a keen business awareness, carefully planning and monitoring the scope, budget, schedule, and production while concentrating on specific technical challenges and details.

EDUCATION
M S, Transportation

RELEVANT EXPERIENCE
- I-405 Improvement Design-Build Projed (SR-73 to I-605), Orange County, CA
SR-91 Design-Build Corridor Improvement Project, Riverside County, CA
Base Line Road/Freeway I-15 Interchange, Rancho
Cucamonga, CA
SR-14 Freeway and 10th Street West Improvement PA/ED, Los Angeles County, CA
BS, General Plan &
Xria'annsWae'rsoiWEo'\'EecBengt"ure
& Technology, China

REGISTRATION
LEED Accredited Professional

WALTER OKITSU, PE, PTOE, PTP
t,ENIOR ENGINEERi KOA
Walter Okitsu is a Founder and a Principal of KOA. Waiter has extensive experience in transportation planning and traffic design over a wide variety of highway, transit way, and bikeway projects.

This includes designs for traffic signals, street lighting, signing and striping, work site traffic control. He has field and managerial experience on traffic impact, feasibility analysis, and circulation projects.
j,Is;iv"earsii'tycoof"'2:Iui+'oerrnsiaicreLnocse'
Ange)es, CA
BS, Civil Engineering, California
State University, Los Angeles,
CA

EDUCATION
MS, Transportation

RELEVANT EXPERIENCE
ST-64 Traffic Sig-nal Synchronization Project, Coachella, CA Interconnect PS&E, Azusa, CA
City of South Pasadena Fair Oaks Ave HSIP Signal/Metro
ATMS Improvements, South Pasadena, CA
City of Barstow Main Street/Barstow Road HSIP Signal
Improvements, Barstow, CA
City of West Hollywood On-Call Projects, West Hollywood, CA CaTifornia, Berkeley, CA
CA
Ange)es, CA
REGISTRAnON
L}O
137

KEY PERSONNEL QUALIFICATIONS RESUMES

DOUG YEH, PE
:!"I[()R F!'J(ilto)EER I KOA
Doug Yeh has extensive experience in the design and analysis of transportation and infrastructure projects. He has served as Project Manager and team leader for numerous projects involving design of roadways, traffic signals, work site traffic control, street lighting, signing and striping, and intelligent transportation systems design.

Doug is an expert in geometric design, traffic signal design and preparation of work site traffic control (traffic handling) plans. He is a Vice President of KOA and has been with the company for 30 years.

RELEVANT EXPERIENCE
- Design Services for LANBC Universal Traffic Mitigation Measure Campo De Cahuenga/US-101 Interchange
Improvement PA & ED, Los Angeles, CA
LA Proposition "O" On-Call, Los Angeles, CA
Metro Crenshaw LRT Transit Corridor Design/Build, Cities ofLos Angeles to Inglewood, CA Traffic Management Plan (TMP) Traffic Study for the Metro Regional Connector Project, Flower Street, Los Angeles, CA ERiC YANG, PE, TE
SENIOR ENGI!'JEERi KOA
Eric Yang has managed and prepared plans, specifications, and estimates (PS&E) for a wide variety of projects, These include street, highway, and freeway improvements; traffic engineering; geometric design; signage; work site traffic control; and red light photo enforcement design. Eric has extensive experience with Caltrans and many Southern California cities and agencies. Invited in 2014 by the California Board of Professional Engineers, Land Surveyors, and Geologists (BPELSG), Eric is an Expert Consultant for the Professional Engineer Examination Recruitment.

RELEVANT EXPERIENCE
oLons ACanl?eLloess CAonugnetylesDCe0puanrtwmeCnAt of Public Works Road/FloodCounty of Los Angeles Department of Public Works Traffic Engineering On-Call Services, Los Angeles County, CA City of Azusa Traffic Management System Signal &
Jnterconnect PS&E, Azusa, CA
Beverly Boulevard Traffic Signal Synchronization Project, Los Angeles County, CA
K*A

EDUCATION
3AivOe':s'jtcya'oEfnL'a nVeeerrne,ngLa
Verne. CA

REGISTRATION
EDUCAnON
SBtS,CeivPiollEyntegcinhenelcri7,lvCearlsif,oyrnia
Pomona, CA

REGISTRATION
TPrraofffelcs,siCoAnaNl oEnff3inlele6r (PE),
138

KEY PERSONNEL QUALIFICATIONS RESUMES

LEA REIS, PE
Lea Reis' projects since joining KOA in 2016 have included:
street rehabilitation, bui)ding upgrades, CIPP storm drain lining, ADA compliance, and parks. She worked in the City of Torrance Engineering Department for the previous 16 years. Her duties ranged from planning and design to advertising projects for bid, developing budgets, managing construction, contract execution, and completion. While there, she delegated work to high school/ college interns and assistant engineers. Lea worked with the city inspector and contractors to track construction progress. She kept track of certified payrol) and daily and weekly statements.

RELEVANT EXPERIENCE
Street and Sewer Rehabilitation Construction Management and Inspection Services, Redondo Beach, CA
Brookhurst Street Widening from I-5 to SR-91 Project Construction Management and Inspection, Anaheim, CA Residential Street Rehabilitation Project Management, Rancho Palos Verdes, CA

DERRY MACMAHON, LEED AP
170NSTRUCTION MANAGERI KOA
Derry MacMahon has more than 35 years of experience in program management, construction management, and consulting for commercial, residential, heavy industrial, institutional, environmental and civil projects, taking them from programming and design through to construction completion. His work includes successfully leading multi-disciplined teams on large, complex, fast-track projects. His in-depth knowledge of the development process has been gained through hands-on experience in various development roles. For more than three years, he has been providing project and construction management staffing services to the City of Long Beach. In that time he has provided construction management services on more than SO projects.

RELEVANT EXPERJENCE
- Crenshaw Blvd & 129th Street, Hawthorne, CA
- Signal Hill Park Restroom Rehabilitation, Signal Hill, CA - Termino Ave Greenbelt Restoration Project, Long Beach, CA Low Flow Diversion Projects at 9th Place and Bluff Park, Long Beach, CA
K4$A

EDUCATION
MS, Business Administration,
New York Institute of
Technology, New York, NY
BuS,vAeerrs?tsypOa?eOEungneernering,
California, Los Angeles, CA

REGISTRATION

EDUCATION
Post Graduate Diploma in
Higtiway.and Geotechnical
DEn!lnlne,eIrrienlga,Tdrinity College,
BS, Degree in Civil
CEno9iengeeeuna?w, aLJy\ree:asintyd

REGISTRATION
Chartered Engineer (Licensed
in Ireland)
LEED Accredited Professional
"tz,
139

KEY PERSONNEL QUALIFICATIONS RESUMES

CRISPEN (CRIS) COLE, QSP
-E 'ioJ l'.-)R (:( )N S T R,t tC l'it-it'a -. :'i))ir-Ft,dT( J8,'} tL-fl ) i N ':J't-i" ;('Ri KOA Cris Cole has more than 40 years of varied construction and construction inspection experience including bridges, rail, piers, marinas, public facilities, water, sewer, and storm drain lines, and streets and sidewalks. He has performed numerous inspection services with our firm for streets and sidewalks, and water and sewer. In addition, he is our key inspector for bridge, rail and pier projects. Cris is cerfified as Competent Person Underground and familiar with pipe-fitting standards.

RELEVANT EXPERIENCE
City of Garden Grove "On-Call" Contract, Garden Grove, CA Street Rehabilitation and Water System Improvement Project, Monterey Park, CA
Anita Street Storm Drain Replacement and Road
Improvement Project, Laguna Beach, CA
Jessen Drive Bridge over Earle Canyon Replacement, La Cariada Flintridge, CA
K*A
EDUCAnON
American University in Beirut
AA, Business Administration,
Northern Arizona University

REGISTRATION
Certified Erosion, Sediment
and Storm Water Inspector
(CESSWI), No. 2602

RAM MOHSENI, QSD/QSP
CONSTRUC'rION M,AI'JAGER i KOA
Ram Mohseni has successfully managed many public and private projects including commercial, residential, environmental, site development and civil projects throughout Southern California.

With his extensive experience in various areas from design phase through construction phase and development, he is a skilled manager with particular capability to understand and resolve the problem on his projects in the most efficient way and complete the project under budget and on schedule.

RELEVANT EXPERIENCE
- Street Rehabilitation and Water System Improvement Project, Monterey Park, CA
North Torrance Well Field Projed, Torrance, CA
Hayden Tract Spur Parking Lot, Culver City, CA
Sunnyside Ridge Trail, Rancho Palos Verde, CA

EDUCATION
MS, Civil Engineering/
Construction Management,
California State lJniversity,
Long Beach, Long Beach, CA
TBeS!irCaVn"TeEnc?nniceaelrU!'vAerZs':tyD,
Tehran, Iran

REGJSTRATION
ff8)f,ieNdOS\WSPOP5 Developer
'}3
140

KEY PERSONNEL QUALIFICATIONS RESUMES

ANNE AZZU
aJErllORl-iRC-'11E(.-TMa'\N;\tztF-f<iXOA
Anne Azzu has over 25 years of experience in transportation planning, contract administration, project management, contract negotiations, proposal writing, scheduling, and budgeting. Her experience was obtained through employment in the public and private sectors. This included the Coachella Valley Association of Governments. Anne has extensive experience involving staff supervision, planning and coordinating activities, and consensus building. Her involvement in major projects has included working with clients and subconsultants. She has extensive experience in supervising transportation modeling for private and public transportation and Metro using Visum, Citilab Cube, Tmodel2, and TRANPLAN software, traffic impact studies, GIS.

RELEVANT EXPERIENCE
- Grant Management for Caltrans Federal Funds, CA
- Sustainable Communities Grant, CVAG Jurisdictions, CA - Review Engineering Plans and Contract Administration, Coachella Valley, CA
Multi-Modal Feasibility Study, Indio, CA

MENGZHAO HU
SENIOR PL,/'tNNERl KOA
Mengzhao Hu specializes in the application of transportation models for larger infrastructure projects. Her modeling work encompasses numerous large transit projects, including three New Starts projects, where she worked intensively with the most commonly used regional travel demand models in Southern California. She has been involved in every aspect of travel demand model application procedures: network coding, model calibration and validation; and model application. Mengzhao is adept in Viper, Tranplan, TP+, EMME, and TransCAD software, She is also proficient with GIS and data processing packages, such as R-script.

RELEVANT EXPERIENCE
- Allen Avenue Safety Improvement Project SCAG 2018 Sustainable Communities Program (SCP) Grant Application, Pasadena, CA
Pasadena Department of Public Works On-Call Grant Writing Services, CA
San Bernardino Mayor's Office On-Call Grant Writing Services, San Bernardino, CA
Kl!!IA

EDUCATION
85, Civi) Engineering
University of Baghoad,
Baghdad, Iraq
EDUCAnON
Angeles, CA
BS, Urban Planning,Tongji
University, Shanghai, China
'i-l
141

KEY PERSONNEL QUALIFICATIONSI RESUMES

CARLOS VELASQUEZ, AICP
"':i-'i.llQF< l)l ,'V-INER : KOA
Carlos Velasquez has experience in transportation planning, transit planning/operations, traffic circulation, bicycle/pedestrian planning, and economic development. He has addressed transit operations; pedestrian circulation and safety; bikeway planning; traffic studies; and economic revitalization. Carlos has coordinated with downtown associations and businesses to develop and implement strategies to improve the physical appearance and livability of commercial districts. He has experience in studies that have addressed transportation planning for existing and planned rail transit stations and transit-oriented districts.

RELEVANT EXPERIENCE
Los Angeles River Bikeway Feasibility Study, Los Angeles County Metropolitan Transportation Authority (Metro), Los ASanfeeRleosutCeAs to School Plans for the Top 50 Schools with Most Need, City of Los Angeles Department Of Transportation, CA Metro East San Fernando Valley Transit Corridor Study, Los Angeles, CA

BRIAN MARCHETTI, AICP
',ENTOR PtA.hlNERi KOA
Brian Marchetti is a Senior Planner at KOA, managing traffic impact, access and pedestrian circulation, parking, and transit planning studies. He has 23 years of experience in the industry.

He has extensive experience with traffic impact analysis and active transportation studies, and with coordination on project CEQA documents. Brian has produced studies for environmental documentation on multiple projects, ranging from large commercia) centers, mixed-use development projects, residential tract developments, public utilities projects, public facility and park projects, institutional and school facility traffic impact and pedestrian access projects, to transit and station interface projects.

RELEVANT EXPERIENCE
LA Metro Downtown Regional Connector Construction
SM?troorE'asltoSsaAnn?eerlneasnCdOouV'!eCyATransit Corridor Study, Los Angeles, CA
East Los Angeles Specific Plan, Los Angeles, CA
K*A

EDUCATION
MA, City and. Regional
Planning, University of
California, Berkeley, CA
BA, Geography/EnvironmentalStudies ana History, University of California, Los Angeles, CA

REGISTRATION
American Institute of Certified
Planners (AICP), No. 026845

EDUCATION
BS, Urban & Regional
Pornona, CA

REGISTRATION
American Institute of Certified
Planners (AICP), No. 016504
qr
142

KEY PERSONNEL QUALIFICATIONS RESUMES

TVY HANG
':, 0-j',IT( )p, 1'> y)(J' 0( 2T,'\1"E 'J' L A.l'lt'i l: R i i<OA Ivy Hang is an Associate Planner at KOA with more than 10 years of experience in transportation/transit planning. She has prepared numerous traffic impact studies, parking studies, and sections of environmental documents. Ivy has performed traffic operation analyses, construction impact analyses, parking demand and shared parking analyses, signal warrant analyses, and vehicle queuing calculations. Ivy is proficient in data collection and managing large datasets. She is an expert in Geographic Information Systems (GIS).

RELEVANT EXPERIENCE
South Gate Citywide Street Lighting Master Plan, South Gate, Metro East San Fernando Valley Transit Corridor Study, Los 2anigi:rensiac:igh Speed Rail - Burbank to Los Angeles to Anaheim Corridor, Los Angeles, CA
East LA Specific Plan EIR, Los Angeles, CA
K*A

EDUCATION
BS, urban & 8egional
Pornona, CA
Minor, Geog.raphic Information
Systems, Calfornia State
Polytechnic LJniversity,
Pomona, CA
143
SECTION 5

REFERENCES
'4-1
144

REFERENCES PROJECT PROFILES

AS-NEEDED ENGINEERING DESIGN AND SUPPORT

SERVICES FOR ROAD/FLOOD CONTROL CONSTRUCTION

PROGRAMS
IOS ANGELES, CA i KOA
KOA has been retained by the LACDPW for the last 5 years to provide as-needed engineering design and support services for the Road and Flood Control Construction Programs on various federal and non-federal funded projects located throughout the County of Los Angeles. The project task orders vary is scope, size, location, and technical expertise, KOA's Contract Manager is the primary point of contact and distributes task orders to Task Order Managers based on the scope and experience required to produce quality deliverables/services. This on-cal) includes various street improvements, including ADA compliance assessment and design.

REFERENCE - Loydi Nguyen, 900 S. Fremont Ave., Alhambra, CA 91803, (626) 300-4774, [email protected]

SOUTH GATE STREET LIGHTING MASTER PLAN
S.01.17'l-1 (iATE. tQA I KOA
KOA assisted the City of South Gate Public Works Department in preparing a citywide lighting master plan. As part of this preparation, KOA completed an extensive inventory of nearly 4,500 street lights and 100 parking lot lights in the City of South Gate. The inventory induded obtaining the GPS coordinates of each light and field-verifying pole material, luminaire mast arm length, wattage, and fixture type (LED or HPS). The field survey also included identifying lighting equipment with damage, conflicting street trees, and inadequate ADA dearance. The master plan was prepared to help support the City's goals of providing the appropriate lighting to promote public safety and energy efficiency.

REFERENCE - Kenneth Tang, 8650 California Avenue, South Gate, CA 90280, (323) 563-9574, [email protected]
K*A
.,.,: 11,it. ,1,7,f );,, :.:= i:a ti,l,,la'y:. .lr li: yl.,,7>,!1, jll:-:: ii ! ",!l ': i t ; t,l , P I.- y ,i, ,'. C :i,rli X, , I i ,:: :': i,-)" , (:,i i: i', t")i'i : o, ', ',l ': ) ',, i,'il E: N (i' ! F,i E rl, Pi,N'iJ G r,> ;=- F',Vf ', ',E S 'if
145

REFERENCES PROJECT PROFILES

CLAREMONT FOOTHILL BOULEVARD MASTER PLAN PS&E
':,"ih-")':'i't"K'Nait-'AiKOA
KOA was retained to prepare plans, specifications and estimates (PS&E) to implement the Foothill Boulevard Master Plan in the City of Claremont. The project is contained to a two (2) mile stretch along Foothill Boulevard between Town Avenue and The City Boundary, The project includes roadway improvements, bio-swales, storm drains, bicycle lanes, separated bicycle lanes, intersection bulb-outs, median and parkway landscaping, traffic signal modification, sidewalk improvements, and street/pedestrian lighting.

REFERENCE - Vincent Ramos, 207 Harvard Avenue, Claremont, CA 91711, (909) 399-5395, [email protected]

GLENDALE PLANNING & ENGINEERING SERVICES ON-CALL
! JLEN DAL E, C.A i KOA
KOA is providing traffic transportation planning and engineering services that include review of traffic impact studies, site access and circulation design reviews, pedestrian circulation studies, parking studies, and transportation modeling analyses. Design efforts include review of site access, off-site traffic improvements, on-site parking )ayouts, on-site delivery truck loading zones, on- site vehicle, and pedestrian circulation. KOA provides these services through task orders and works directly with City engineering staff to supplement their daily efforts.

REFERENCE - Larry Tay, 633 E Broadway, Room 300, Glendale, CA 91206, (818) 548-3945, [email protected]

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR

LA BREA AVENUE IMPROVEMENT PROJECT
!NGLEWOOD, CA i KOA
KOA provided Construction Management and Inspection Services for a major arterial improvement in the City of Inglewood. The project included full width improvements with ADA curb ramps; curb, gutter, sidewalk, and driveway repairs; median islands; AC and PCC pavement repairs; landscaping and irrigation; biotreatment systems; ARHM overlay; signing, striping and markings; survey monumentation; and related work.

P.EFERENCE - Kenrick Sanderlin, One Manchester Blvd, Inglewood, CA 90301, (310) 412-5685, [email protected] K*A
4-i
146
SECTION 6

CONTRACTS WITH OTHER AGENCIES
147
K*ACONTRACTS WITH OTHER LOCAL AGENCIES
KOA has provided On-Call Services for several agencies throughout Southern California. Below is a list of several of our On-Call Contracts that we also have in the Greater Los Angeles area. i.' i'J t : 'i.i ! f '.) i'l i ) y .L'.C.I '5: IN t }! F tii% (: i'J(-i). lC S -'s ;) l-) E !. i: S :'l!< i- l ' On-Call Environmental Services, Metropolitan Water District, Los Angeles, California On-Call Traffic Calming Services, Culver City, California - On-Call Traffic Engineering and Planning Services, Culver City, California On-Call Traffic Signal Timing Improvements, Culver City, California On-Call City Traffic Engineering, Malibu, California On-Call City Traffic Engineering, Pomona, California On-Call Signal Timing, South Gate, California
On-Call Traffic Engineering Services, South Pasadena, California On-Call Services, Traffic Engineering, West Hollywood, California On-Call Traffic Planning Services, West Hollywood, California On-Call Traffic Signal Timing Services, West Hollywood, California On-Call Services, Arcadia, California
On-Call Services, Gardena, California
On-Call Services, La Habra, California
On-Call Services, City of Los Angeles Department of Transportation, California On-Call Services, Compton, California
On-Call Services, Glendale, California
On-Call Services, Los Angeles County Department of Public Works, California On-Call Services, Southern California Gas Company, Central & Southern California 148
K*A

CONTRACTS WITH OTHER LOCAL AGENCIES
l' i " , 1 " ."%ii r i",' ,' -, ' j i 'i t ,) :a j )"l ag '. I :a ', a." s : ', a On-Call, County of Imperial, California
Caltrans On-Call Services for Environmental Technical Studies in Central California On-Call Traffic Engineering Planning Services,,Murrieta, California On-Call Civil Engineering, National City, California On-Call Traffic Engineering Consulting Services, Various Agencies in Orange County, California (Yorba Linda, Anaheim, Orange, Santa Ana, Irvine, Lake Forest, Mission Viejo) On-Call Traffic Engineering Services, City of Port Hueneme, California On-Call Traffic Engineering & Signal Timing Services, Port Hueneme, California As-needed Traffic Engineering Services, Water & Wastewater Facilities Division San Diego, California
On-Call Port of San Diego Environmental Services-Traffic, San Diego, California On-Call Traffic Engineering for Port of San Diego, San Diego, California - On-Call Traffic Engineering Services, City of Ventura, California On-Call Traffic Engineering Services, County of Ventura, California y ' i I F k ='i r]'- a V ) 1' ri -, (> (l i I -: <- {'l 'T f tl )ar ', T i t1 ',a l-:ai a< 5 ' - Engineering Design and Construction Management SRTS Cycles 8 & 9 - Citywide Lighting Master Plan
- Firestone & Garfield Construction Management & Construction Inspection - Landscape and Irrigation Plans Design
C,r
149
SECTION 7

HOURLY RATE SCHEDULES
150
KIA

HOURLY RATE SCHEDULES
General Provislons:
" Pmject reimbursable expenses are billed at cost.
' PraJect expenses include: Non-commuter automobile mileage ($0.sa per mile) Or current IRS rate, parking, postage and special courier $1)!pens@;, travel OXpenSeS, reproduction, subcontractor services and other direct project expenses AS requested b'y the Client 151

HOURLY RATE SCHEDULES
KIA
FEE SCHEDULE - South Gate
(Through 2021)
KDM

MERIDIAN
PROFESSIONAL 8EQ%rlC!ES:

Principal
Project/Survey Manager
Proled Surveyor
Survey Technlclan/Drafter
Clerical/Administration/Technical Aide
Expert Witneas (4-hour minimum)
Survey Crew (l-man w/truck)
Survey Crew (2 persons)
Survey Crew Equipment (3 persons)
REIMBuRSA8Ll8:

Supplies, Reprodudion, Renml of Special Equipment
Subconsultants
HOURLY pATE:
$212.00
sige.oo
$180.00
$143.00
$ 80.00
$371,00
$202.00
$302.00
$440.00
Bffli
C)at + 5%
Cost + 5%
Note: Govemment Agencies and/or private landowner fees, map filings, research materlala, site. are extra to contrad costs.

A minimum of 4 survey hours par day will be charged for field crews.

Over-time will be charged at 1.35 times the regular mte.

Double-time will be chargsad at 2.0 times the regular rate.

Sunday time will be charged at 2.O times the regular rate.

Holiday time will be charged at 2.5 times the regular rate.

The above rates shall be charmed portal lo portal (tims spent on project site plus travel time) excluding lunch breaks.
'7iO-768-0731 22521 151),lnSltl'el,SLI}lc(,lakeh)(l-t,Cl02610 !t,WOKD%llielldiJrlC!)tn 55 152
KIA

HOURLY RATE SCHEDULES
2019-2021 HOURLY BILLING RATES BY CLASSIFICATION
Classification Actual Hourly Rate*
Principal 251
Project Manager 207
Projed Engineer 124
Senior Civil Engineer 181
Senior Bridge Engineer 160
Engineer Ill 129
Engineer II 103
Engineer I 84
Assistant Englneer 78
Senior CADD Designer 136
CADD Designer 97
QA/QC Engineer 188
Clerical/Administration 67
Dlrect Costs
Project direct costs are Invoiced at actual cost and backup is provided. Dlrect costs Include project-related costs such as transportation, mileage at IRS standard auto mileage rate, subsistence, reproduction, plotting and subcontractor services. Invoices are due and payable within 30 days after Invoice date. 153

KIAHOURLY RATE SCHEDULES
SubConsultant Hourly Rate Schedule
Consultant: Avant Garde Inc.

Project Name: As-Needed Professional Engineering Services Date: iI 8/22/2019 Project No: TBD Ii Contract No: TBD
Classification / Title 2-Year Rate (2019-2021)
Program Director $ 130.00
Program Manager $ 110.00
Program Coordinator $85.00
54-
154
"4"ffl=a'afflffib'R""'oau'affl%'ffl&'ffNofflfflN;8;g'ffl'aa8':;Hoo'a' f4 !!, \ A(} g -i
88888
3 h H !' & a kE N '!l a h &8 ffl afl cl ';Ash (! ffl 8 8 8 888 g88 f<88H 888838 8 8 88 88 8 g
ffi 'N =';-' 88" a'3" 8" B'S 'u %%#gN ::' ai, ;- 'a "'!' m- "'j!F!a' rj€ N"'!:'j" a'o 'oH uH' ag" !" N "'u "' "6 ffl"t a!j" U"' ;' Ba 'M' 8' a ! A V s -J !:a
8 888 88 8 8
u 8 S 21 'f! ')!i 8'a 8 i N 8 ao '8' h N k' Pi u !l # )' ! 8 H ;4 A b fl8 a H k4 a U a g g g s g g gggggss s g s g r.s sg ggg sggg gg s s gs g 0 o
ffll
ffiffl
z
I
o
c
m
I
m
c
m
155
LLI
LLI
I
U
LLI
fflffl
n !" ! -aj
51 i ii :,,
< 6 9 J!g u 2
i! \'ii
KNNJ.HINu
ssgggg gs g gg gg g gg sag g sr egg s g gtig s s g s !j, e E !: Th ! !!l X :E ?, Th * :, ! ! n E ! W n Ts R 5 C, !, 8 hV ja ja a ! ! !'f "; l aa! € n 'as r- N oil :4 n
e 'A' [! §a No U8a ffl f:=' io ;o p"a" 'qa" j' a! "", N' a !!I-, ?, o'p @a "N 'Q p' §" j' Q" ?o, ffla No p- 'i Ba' -§ 'ofi 'l' "g 'H ?:5 n a a o'Q 'a8 afi !' a"j qa 'N "! 'a X'f i 5a ' I
I )! u %
Ao5f !F
!@ti15 [ffij!s5
L"a 'o '€ No
AAi§
156

HOURLY RATE SCHEDULES
K*A
':"'TWiNl*ffl
:0397 PelanlJRseMyajAggHmCaation
70345 RVahm8aitAt+TMl&44CTMlOjt
m:l47 Il.Vakac Align!@aV aaaa tA&tTM Ca644, CThl :Kn)
!1349 SamJumlattllAaTll02419,CThl)1/1
:aa3'}1 !ilm s2(XI Wah C)nly (A61TM 01 14(1. (.TM 2Q
70s63 alm)Wiaa3j4'armlmaaytA!lTMD422.

CTJA 2a31
!lion v Hydmnaly )jam io CJ lAaTM C+a2
C,TM 2031
ffil!7 511'l Amna Induding Wah (AaThl aj3a CTlil
illl'la !%avaAnalnuWillxxAWnh(AaTUClj6.CTNL202)
(A!iTkj I-12 CTM 2a
703&I Bay)n*u un Of NJnuvm SiJlale.
a C s tASlThlCW)
lA8Thl al:'7 CTM 2all
(AfTM D451a
7tl3?l Ttlttm
(1317 lJtbiWqln?'vCumiPm(AaThAC29,CTM2121
(AfnA 020 Cllil 212)
10411 li)h%Jytt I%nkla (AITNI (A8TM al23)
30412 lighhmhr Patm Fm AFIN (:fi3i
l.iak
C di Aiphall Iam+sb Twta
75011 HMA IJblng aid Mp
7!%12 HMAIAldqm%panbonwltnAgHe@atiTmamnl
7303a Buffl!lQmi§olCmpadm8mpffior
Cms P*iaThn Cemed iaTM ! and ASnA Dl laal
71a4 € "- Ilhmen (CTM 3a Afnll Dll:' €ln
75a27 '4 !lihllllln aTXl aTUOn I(:ThA 2a
ICT)A 381 Aal t)li3071
750XI Chmml !.diadkin '4 B mul Scan Anatm
IASTM D:' IT! MallXld A !l! B. A5'l'J 5k44)
uib ?iilm Mukiun Dani§ Hvs+n. S bmHan
ICTM M (.T)A 3aB. A9TM Dl6ai. A5Thl Dllq
ICTM 304 CTA}3116. AFiT)A OIMIII. A3TM YWII
7i04B 1J5 141106 Vam Oantw Mmhall
3 btas (Aa'T M 018926 AST+A D2+2tll
74041 IJb ?s Itlll lila DlfflW IJanhall
6 asamai. 3 bl quam*s 1A3TM Da6!n
75!150 lA Tal*a Uamasn Oan$ lupaysva Clyra
iAaThl Di!926 AST)A ea72al
0ompadd (lnqud*, Pgann, 1 Inlqwlla
lAaThl 0692! ASTM l.ni8al
l(.TM 31)9. ASTU 020411
-5066 Illaiahdlala!ililyamlFlea.CotatllSamp+s aaah
tASTlil D6a:7)
7'iDa9 Illai@all 61.Th )§ and %m Flrambmd. 1 brqmiuei iASTM D6a ASTM Da9271
75108 11!iiiNJ Slaiim and Pkm. analay Canipzaid
I. 107 Mmuiall 81ahl ly am Flow aa Spaeimen Piemlxii
5 Mqu*ilar lAfiTM 08581)
7501!3 !Aolrtuio Canml ICT)A 37Q
9 1 0X).(Kl
's ::oO tlO"
: i::

S 26D.(Kl
240 (XI
s m m
i 100XI

I IIIIJ
I i(!100
i 13800
1:'6.J1
121 ilO
: :"mo"oo
rado Atphhli aanaiolt) 7eajy (,ant nund
7!a)11 Hvavn Mh Daay wllh RAffi lEmudng AHqal*
Quffly Tests)
711094 l+AvnMkt)kimiCallmaunlmlmlibt
llmJng Agala Ouai)y Tmx)
llnddng A@(pyma Quak§ Tzv)
75084 tMIUJllllxl%llEkl!llNIAilll+l9aliChTsslil
ou'ib5 rmi)
lC11J 304 AaTh Dam)
lElakdfl AHTlllffl J T*&la)
lAAaH?O TRJ AaThl 04aa7)
78111 Hmiy Nwl Tack Tm n [XXl pahu 4 b
llASHTOffi41
7W:1!I Ravdng Teal of (:*1 hUid Lmimlm Aiphah
IASTM 0719)111
7!11)6? Mgaml 81alXO. wl m 3 mlkal*a U1AO T!45)
! DO!XI
Think
Bdak Mhanry j oiitii, Aanl C47
ampismion Bus
Abkqbn 5 Hov g 24 Ha
Ahaaipllon lad) I 2 u a Houn
InlaarRavalA
Cma' Compnaum
maO
I 246(XI
!i 210%
$ 210oo
$ 21€lfl0
! 216 X
T4@
( @do
:al21
20323
21)!2?
1 a3:+i
20129
ma4
21!!!1
:0339
ienlq 81qcl QaTj4 (il"O
Lmeai Thnnky §SThA Caa)
Cm Cmipmam
11111 Tm of Maiamy Com 2
I !IOIXI
JO 05
11)D XI
! III)(XI
S ;51}%
S :W!)O
S 2:iD X)
* Ill+.atl
0241 CompmmnTiil aempaill*Miaamy
Pilinv up To &a x Wa
0346 Pnim com tmium or mamih
31Taui itoi lho apmnenl
Tiak
Coils M-lllal I!XI GTI)m
2(U!it Caimiaukxi T x 4' tMittar lAaTM C?Q
2(ll'i3 Cumpieiim Sa z 3a x 11' (iml I%imt.

Indiisu TilmmJ iAtiTM (j IJ
.(lllil! aanpisubi rCubiislA!lThACfl)91
JD3%7 Cmpvum Conii MmlJ C4ji
Q.iia
I 340000
I 31KlaW
I 3.llDa(kl
$ 4 a50 00
s iabm
I 3 41XI !XI
$ 3,800(10
I 3€ (C
I 170500
I 4tX).00
I 6 60a tKl
S i aOO
s 1,loom
& 20a(X)
3501XI
S 8 d tKl
S 5 7XI (Kl
R-its
4 IW'W
I 24(X)
'S ti'il)s2a "UO
S j5'00
J li'!l "(X)
157

HOURLY RATE SCHEDULES
KIA
,;9)%
'TWiNINO
illOlanll Spacilneii piiipar.ni(iQ
Taiik
Cndii P:mpmgllnq 7 iiiiTh
:!01 @nnCkyD*naly(AfTk}!58)
T*isk
glide rsil(llle .ipd qoieraio Tffpli
Ti* CnnrimRonlljn:OypiiyzVaciJiie rvdita
Cu4q Llllhlwuklhl Inii!uulig autigiul*, EJ
2(1371 ComlwaailinToalC4tfiand(:47J
:0:l7i At OTV tmay IA,TIJ Cm)
'ls79 0vui rky Da+My (A!Thl CA115)
TasJi
e.oilo RellljoHin(181eol,4!lT%4)18.A70l
20Sa4 mYultl4ff#ia
rqk Relmoiqnq&ltal-WddtitloiCowbd
A %naOaTutWlml*llCaupWll1l
lil6m am 0lTh#j TO!5Q
Tanali ilmt lip lo 1tlaK Paaa IPght
TenM8jmy!II uple2)OKl%vdillimil
T.mla snwgllt up m :IOO)l %unds taxh)
Tails Sltwdr up le 40DK ?%mla t!ml
Tanm 8 4011K!o 6001t Iloui'dalfgh)
Ts'm* Swmh 8Tiw+8um Pvmil Offm
!lam Tea
Huksu Tea (A8ThA !ffl
Be Axal Ta T4111 lup to 7f J&n)a!aQ
Bdk A u rude %1 iavmi i)ian nf
up la ja diNnklVl
uplrd:sn+al*rl
25 Tlolt Ptm Laul roar [Uti la 71aj
X3a Am P'mel Laad T*ffl taaila+ than lal
0641 Nut kaad Tail I(lvalaa Ihai l'l
0lk
lands l:hamcal Tpvtln4 if MNal and !!)nsl
A:)17(1 >alClwnlealllnzlyr.i
eot73 #eighlalOdvaiuicdCoaMHIArMAeOl
e(1176 rlmyCmJ)Thekr+*u
S aS"(XI'
I),tle
ffl (Kl
11% 'XI
li 376(XI
-I! DI)
11114
WIXI
aO W
at(X)
ill(Kl
325 (X)
i}O(X}
15 (K)
40 01)
61 )O
Y(I DO
IIOW
45 W
tlOOl)
611 00
$ 11DOa
QuotThan
raek tMch.nniq and Prwtialioii oT ili+iiile siid G*i+d S .i$pl5i t)all}tip 61ffil
2a761 Mm lyW Pnim livn Moekaiip, EC
11% Vbdi
(Per Oja ThtAn Fr+lCbllTl ThHY+ll
mm Pfflflffl 8uhala aia 1% Thdmsi
20621 ChunylmaelAmbren@amh
Tnk
'11d& tmeNll!fltl d Cil)l (Jan@l*vi c ITtXHl 9asl
:msn Cuun@ m Vty) PvO.ia a ?iadm TTwvQ
was rim Amm% b aampl* (-an%iualm
'Tiiik %mWlnsmdY*ndiina.
faerie lAll'nJ441al
2!lm Tanali T*d OnV
rak PolymnT bliivla Can@aalte Ma;arizli
timail 1A8TM 030311
2)707 mmSuvyn-Ma4a+alSpmmii
(ASTU 03a391
2a7aih Haam aumm Tlim - 1% 24 h mks&
T Calibratloh 9*rvlcaa and unlv*niil rlaahlm
Cods !lmy
I 9'a(X)
I :::

I 70(KI
I i36(10
I 11(RKI
s son oooo
i lW'OO'
$ i:l300
II i)a
's l:i51) (X)
I 2ROil
3 !(10
I!ilv
auatimai
II It')The c Tile Inum *I Anwiai <TIOA) m Tmnm tomhv m abam mi elr&lm 1115 kttlutQ A i*pa tdllaUll d Tall m I!mx affi'iml ta VaiM q Qm Cfa aid PsUgw T*Mng Pfopms m SHoel 'ebl%n
Ysl am-Lhi
D1143. G!412:1. D:11&4. 04176 01541. Ot 07'jJ l Am! D73a tvmtmii(l (II 811111!lJffll IINI sliuahim Biamsili
IbPlaca ah*ai Tiiiling
MtliMa andor Pmucl Evalu>Nai i%i !Pa( hulem
3Wdml Oynatw Taunq im Di+ il>lily Ai1a%m
Oullalm
nuo
(.)k
158
j. !r < !J !! 7
; u!!i Rf:
pnggp
!! !l !! !0 !!
II 11 p tl 11
kii&5
\9q,q-5
, :, i
I Z! F, 6
'!l)i %
91g
ffNK
ttg.4Ra.

N'Hi iff xtag
ixiN,
h : N
iltl!t
j3J
ffiffia
5iii
gyZ I t
ff"li
IVg'A
! 12 ,'
;iiii
N; i. iF
!itl5
Ni-R
'v- I A
iJ j
xi (i
4!k
:il
%*s
gs H !". j) o2
N" i! g-
13 t!:, i. i
!I'!
ffiffll
fflffll
z
fflffl
Z
o
I
o
c
I
m
m
159
it
5a
'!! l':i '2
iu
! tl ?R
jiit
{54
; I ';o
iii
tii
I
o
c
m
(/'l
n
I
m
C7
c
r
m
(/1
160

HOURLY RATE SCHEDULES
PARAGON l SCHEDULE OF FEES
KiA

PROJECT DIRECTOR

PROJECT MANAGER

PRINCIPAL ACQUISITION AGENT

SENIOR ACQUISITION AGENT

ACQUISITION AGENT

PRINCIPAI RELOCATION AGENT

SENIOR RELOCATION AGENT
REtOCATION AGENT

TITIE MANAGER

TITLE SUPERVISOR

SENIOR TITIE AGENT

TITLE AGENT

PROJECT CONTROIS SPECIALIST
PROJECT OR LSCROW COORDINArOR
RIGHT OF WAY ENGINEER P.E.

SENIOR RIGHT OF WAY ENGINEER/GIS SPECIALIST

ASSOCIATE RIGHT OF WAY ENGINEER/GIS SPECIALIST
RIGHT Or WAY ENGINEERING TECHNICIAN
ADMINISTR AT1VF7 SUPPORT

OFFICE CLERK

IT SUPPORT
DEPOSITIONS AND COURT 1'ESTIMONY
$200.00
$180.00
S118.00
$98.00
$88.00
$118.00
$98.00
$88.00
$14A.00
$121.00
$98.00
$88.00
$88.00
$78.00
$155 00
$129.00
$98.00
$78.00
$67 00
$52.00
!129.00
$2.58.00
l'
COPIES

REAL ESTATE DATA SERVICES

MILEAGE
' Or current IRS allowable
$0. 15 each
Ccst + 1-5%
$0.58/mile'

POSTAGE/FEDE-X
rELEPHONE/FAX
SUBCONSuLTANTS
Cosi
Cost
Cost + 15o4
TIJ;'MS OF PAYMEThl'r
,.lrit 30 rlciys. Iiwoices wrll t>e submitted mrinlhly. Overtime Fcr applicabte labor dassifica+ions wi!l be chargad at L-S times the nourly iota in accordance with California law. 161

HOURLY RATE SCHEDULES
2019 GRUEN ASSOCIATES

AT ANDARD HOURLY BILLING RATE SCHEDULE
KIA

GFIIJENASSOC'ATES
Partner-in-Charge
Project Manager
Technical Manager ..

QA/QC Manager
Director of Construdion Administration Phase Services Lead Landscape Architect
Lead Designer
Senior Staff
Intermediate Staff
Assistant Staff
?ates are subject to annua/ adjustment.
162
SECTION 8

INTERGOVERNMENTAL FUNDING SECURED

FOR MUNICIPAL CLIENTS
163
INTERGOVERNMENTAL FUNDING SECURED FOR MUNIaPAL CLIENTS i:Sl O!o AIA/ARD[D GRANT APPLIC,'TIONS PREPARED E+'. KOA ATP a i 'l
ATI' .-
:l"-la> T - '. I
"l"l i" '.' 2 3 A'-)a'X sr.

M.ilu klieTia.l
i =-=-l =-=='- 7Sl.iiii- '-I
hiCila
P.i.+nti
' (lsfil
i I I
: J l
K*A
164
SECTION 9

STATEMENT OF FIRM'S UNDERSTANDING
165
K*ASTATEMENT OF FIRM'S UNDERSTANDING

SCOPE OF WORK
r3enerri( Civd and Structoraf Eriqrriaei-rn.q Desrqn The scope of work includes:
- Design engineering services for public improvements such as buildings; streets; bike facilities; trails; storm drains; storm drain channels; bridges; sewers; sewer capacity; street and parking lotlighting; waterlines; land survey; and all other related services.

Preparation of plans and specifications for storm drain and drainage design; bridge design; sewer design; water design; grading design; street and parking lot lighting; and roadway and streetdesign projects.

Tasks related to pavement rehabilitation projects, including the preparation of materials reports.

Preparation of hydrology reports using the Los Angeles County method, hydraulic calculations per Los Angeles County, and sewer capacity reports.

SUeet orid Pnrk Lnndscapa Desii3n
The scope of work includes:
- Design engineering services for streetscapes, park landscapes, and all other related services, a Preparation of streetscape designs including raised median islands and parkway landscaping; design of public parks; landscape rehabilitation designs; landscape irrigation systems design; andgrading design. rrciffit Sigr"ra( ar'i<"l Ttriff,c.':.ignal.'ntprconneit r)esbgn The scope of work includes:
- Design engineering services for traffic signal and traffic signal interconnect design and all otherrelated services.

Preparation of roadway and traffic signal design; signal warrants and coordination studies; special traffic studies; and signal coordination studies (before and after coordination travel time).

Frr:ilitir=.x, rr'irihrtetttire arici Iandscc'ipeArchr(erruro De'u3in The scope of work includes:
a Design engineering services for facilities, architecture, landscape architecture design, and all otherrelated services.

Preparation of architectural design for buildings and restrooms; architectural design improvements to existing facilities/buildings; storm drain and drainage design; heating, ventilation, and environmental systems design; electrical design; sewer design; water design; grading design; landscape and irrigation design; roadway/driveway and parking lot design; andsigning and striping design. 166
K*A

STATEMENT OF FIRM'S UNDERSTANDING
5( ! r : l:! ,'
The scope of work includes:
- Field and office surveying services for public improvements in connection with the construction of streets, bridges, traffic signals, bike trails, storm drains, storm drain channels, utilities, and all other related services,
Map checking of tract map, parcel map, and lot split.

Preparation of necessary legal documents and sketches.

Preservation and monumentation of existing survey monuments, including:
o Complying with California Business and Professions Code 8771 concerning the preservation of existing survey monuments that might be destroyed by City construction projects. o Research of existing City and Los Angeles County Surveyor records to assure a complete record of existing documentation.
o Survey measurements and calculations necessary to locate existing and/or set monuments. o Setting monuments and reference ties for monuments destroyed by construction or monuments not meeting County standards.
o Preparation of corner records for each location showing found and/or set monuments, record map references, reference ties, and measured angles and/or distances. Corner records shall be filed with the County Surveyor and final copies shall be filed and indexed in the City Engineers Tie Book system.
o Providing construction survey stakeout services per construction plans. o Providing survey field notes in both hard copy and electronic formats.

Gt'r>rar.hnrccyl, Engtripering Geclogy, arid r4otenals 7-i:srmg The scope of work includes:
- Providing geotechnical consultant services for projects and investigations in the City related to soils, grading, slopes, and hydrogeology.

Providing geotechnical consultant services for projects and investigations in the City related to soils, grading, slopes, and hydrogeology.

Providing testing services for construction materials (in-site and laboratory testing). r"lnsler N(ulS'
The scope of work includes:
a Preparation of citywide water, sewer, pavement, drainage, street and parking lot lighting, and other needed master plans.

The scope of work includes:
a Construction management services for public works and public facilities improvements that include street lights, traffic signals, street improvements, bridges, bike trails, drainage improvements, sewers, waterlines, parks, buildings, open space facilities, trails, developments, and all other public works improvements.

Assisting in the bidding of projects; assisting in the pre-qualification of bidders; providing 167
K*ASTATEMENT OF FIRM'S UNDERSTANDING
responses to bidders during the bidding period; providing bid analysis; conducting reference checks on the low bidder; conducting state license checks on the low bidder; making recommendations for the successful bidder; preparing the contract for the successful bidder; andreviewing contract-required documents from the successful bidder.

Conducting all aspects of construction management; reviewing contractor's compliance withpermit requirements; reviewing the contractor's schedule; verifying the contractor's as-built plans and schedule; providing as-built schedules; reviewing the contractor's monthly payment request; coordinating the surveying, testing, and inspection needs of the project; monitoring the inspection, surveying, and testing; budgeting, reviewing, negotiating, and making recommendations for change orders; reviewing, responding, and facilitating responses to Requests for Information (RFI); reviewing and facilitating submittals and shop drawings; providing and maintaining logs for RFIs, change orders, submittals, Requests for Quotations, Correction Notices, Stop Work Notices, and related construction documents; coordinating and facilitating coordination with utility companies and the contractor; reviewing certified payroll from thecontractor; providing video and photographic documentation of the project site prior to andduring construction; preparing weekly construction progress reports to the City; monitoring thecontractor's labor compliance; reviewing the contractor's safety program; preparing the projectpunch-list; and preparing all documentation needed for project doseout.

The scope of work includes:

Advising the City of grant funding opportunities for engineering and construction financing from funding sources such as Community Development Block Grants (CDBG), Proposition A,Proposition C, State Gas Tax, Measure R, Measure M, SB-1, or any other state and federal grantsor funding sources secured by the City.

Prepare funding applications, invoices, and other required documentation. icrnrlscnpu-s Plan C.1iei k
The scope of work includes:

Review of construction documents; checking landscape plans for compliance with all applicable city, state, and federal codes and standards; and issuing construction permits.

Interacting with landscape architects, engineers, developers, contractors, City maintenance staff,City planning staff, and City engineering staff on landscape-related projects. i'-k5'i Plciri Ci-ieck
The scope of work includes:
- Reviewing tentative maps, final maps, easement deeds, and lot line adjustments; reviewing applicant documents for compliance with the Conditions of Approval as set by the City staff, commissions, and the City Council; checking and reviewing map boundaries, metes, and bounds,and field checking final monumentation prior to bond exoneration; and reviewing and assuring that AutoCAD file submittals are comp!ete. Review checking and the approval of land divisions 168
K*A

STATEMENT OF FIRM'S UNDERSTANDING
shall be performed by a registered Land Surveyor in the State of California or a registered Civil Engineer licensed to practice land surveying in the State of Ca!ifornia.

H)idrology and i'4ydi'uutrcs Chei k
The scope of work includes:
- Review of hydrology reports prepared for or by the City for consistency with hydraulic principles and theories and the Los Angeles County Hydrology Manual.

Streef and Tmffi< Im.oroveorer':t !)lnr'i r-ii.c:'
The scope of work includes:
- Reviewing plans and specifications prepared for and by the City for consistency with the requirements set forth by the Standard Plans and Specifications for Public Works Construction, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, Los Ange(es County Standard Plans and Specifications, Manual of Uniform Traffic Control Devices (MUTCD), Americans with Disability Act, and California Title 24 requirements on accessibility.

The scope of work includes:
a Providing right-of-way support to City staff.

Assisting staff in processing various deeds and agreements resulting from new subdivisions or assessment districts and acquiring right-of-way for capital improvement projects.

Providing legal descriptions and sketches to be recorded with Los Angeles County. 'r mntiori,'Rea('iportror iinei it
The scope of work includes:

Review of the property owner petition and preliminary cost estimate; determining the benefit assessment and required contributions (if any); preparing a detailed description of methodology used to determine assessments; providing descriptions and assessment numbers for each property to be assessed (confirm proper ownership and address of owners); preparing boundary map and diagram (record both with County Recorder after Council approval); preparing appropriate mailings and ballot; preparing Preliminary and Final Engineer's Reports; and preparing and filing the assessment roll.

Coordinate with City staff, City financial advisor, !and vague appraiser, bond counsel, underwriter, and underwriter counsel. Attend public hearing(s) and other meetings as directed by City staff.

AC'-7(1151(u)n?rQi'e{rOV(':!r.Slgnl/Re!'nlbUr'senlent
The scope of work includes:
- Reviewing all work of acquisition projects within assessment districts in the City, from pre- design to completion of construction. Sign concurrence on aH design and construction contracts and all design and construction change orders after determining eligibility under the specific 169
KW!!!aASTATEMENT OF FIRM'S UNDERSTANDING
assessment district. Attending pre-design meetings, pre-construction meetings, and all public bid openings. Meeting with City inspectors daily to review the progress of work and help determine which change orders, or portions thereof, are assessment district-eligible. Working with owner's representatives to resolve any disputes regarding eligibility of work. Maintaining records of all concurrence letters, correspondence, requests for proposals, contracts, and potential changes of work for all on-going assessment districts. Reviewing and approving all requests for reimbursements. Preparing and sending files to the City Public Works Department when work is complete and fully reimbursed.
' i k '.i' fl ' I .: I : "il " l ' l I 'i >'l " i '. : y " i' ai',sportotior'i Stuures cy'rd Re('.iorrs
The scope of work includes:
- Performing traffic signal design and other traffic engineering services, traffic studies, cost estimates, modeling and impact studies, project study reports, project reports, and/or environmental documents/reports.

Developrnen( Review Ser>iices
The scope of work includes:
- Providing development review support for City staff focusing on transportation issues with an understanding and knowledge of the City development review process and practice.

Reviewing, analyzing, and evaluating traffic impacts due to discretionary case applications and addressing circulation ISSUES related to development projects.

Reviewing and providing transportation comments on grading and construction plans.

Researching City records for prior approvals, induding resolutions and conditions of approval.

Reviewing traffic study scopes of work, traffic studies, and access studies in accordance with the Traffic Study Guidelines, adopted standards, and industry standards.

Coordinating Public Works Department issues and preparing transportation screen check comments, letters, memos, staff reports, and Commission/City Council presentations related to development applications.

Attending project-related meetings, being responsive to project issues, and maintaining communication between City staff, project applicants, community members, and interested parties.

SAMPLE WORK PLAN FOR PS&E PROJECTS
The KOA Team will provide and manage the resources necessary to accomplish the scope of services as described below:
" , i ', i i ,' , i , . 'i l , I j - ,
KOAs work plan for preparing plans, specifications, and estimates (PS&E) for various improvement projects will generally involve the following procedures:

1. understanding the scope of work
170
K*A

STATEMENT OF FIRM'S UNDERSTANDING
a. Traffic Signal examples: signal equipment upgrades, controller/cabinet replacement, add/ modify signal phasing, vehicle detection improvements, highway/intersection safety lighting, pedestrian heads and push buttons, median nose cutbacks, ADA-compliant curb ramps, crosswalk modifications, etc.
b. Signing & Striping examples: add lanes, reconfigure lanes, restore striping, add/remove signs, add/modify crosswalk and limit lines, install bike lanes, modify parking restrictions, etc. c. Street Improvement examples: roadway widening, curb bulb-outs, pavement reconstruction, median island improvements, sidewalks and curb ramps, curb and gutter improvements, catch basins and other roadway drainage improvements, etc.

2. Conducting research
a. Obtain as-built plans, acquire a topographic and right-of-way survey controller cabinet inventory, County Assessor maps for right-of-way information, utility and substructure information, geotechnical/pavement engineering report, etc.

3. Conducting a thorough field review
a. Verify existing roadway features and configuration, roadway and pavement conditions, visible utilities, catch basins and drainage improvements, sidewalks, curb ramps, driveways, street trees, right-of-way constraints, potential design conflicts, existing signal equipment, pull boxes, curb ramps, vehicte detection systems, roadway striping, pavemenf markings, signage, etc.

4. Preparing accurate base plans
a. Base plans will depict all relevant existing or proposed street improvements, topography, traffic signal equipment and conduit, striping and pavement markings, signage, phase diagrams, centerline, north arrow, scale, street names, jurisdictional boundary lines, plan border, title block, signature block, Dig Alert information, Thomas Guide reference, etc.

5. Designing the appropriate improvements
a. Traffic signal improvements: Show proposed improvements, dimensions, construction notes, general notes, pole schedule, loop/detector assignments, proposed signal phase diagram and signal operation, conductor schedule and appropriate details. Design ADA-compliant curb ramps when necessary.
b. Signing & striping improvements: Show proposed pavement delineations, markings and roadside signs, and the proper disposition of all affected existing pavement delineations, markings, roadside signs, roadway dimensions, lane widths, construction notes, and general notes. We will design the required transitions for the proposed pavement delineation to join with existing pavement delineations on intersection approaches and departures. Follow appropriate design guide(ines (California MUTCD) for placement of signs and lane transitions/ taper rates based on the design speed.
c. Street improvements: Show proposed roadway features to be constructed, removed, or reconstructed. Show station call-outs for all proposed improvements and all appropriate 171
K*ASTATEMENT OF FIRM'S UNDERSTANDING
dimensions. Show construction notes, general notes, and details. Show proposed centerline profile and curb line (or flow line) profiles, as appropriate. Follow appropriate design standards(SPPWC, Caltrans, etc.). Prepare roadway cross-sections, as appropriate.

6. Performing a thorough quality control review process. This very important step will generally involve a design peer review, followed by a design supervisor review, and then followed by yetanother review by a senior, experienced engineer. During our quality contro1 process we will verify accuracy and correctness of plans, make sure the design conforms to the intended designscope, and check constructability and look out for potential utility or substructure conflicts, If necessary, we will conduct additional field reviews to verify the existing improvements and suitability/constructability of the proposed improvements.

7. Upon receiving plan check comments from the City, we will diligently review and address each and every comment made. We will try to understand the meaning and intent of each comment.

If we have any questions or concerns, we will contact the City to discuss and resolve to ensure the plan revisions we make are done appropriately and correctly. If necessary, we will conductadditional field reviews to verify the proposed design. We will subject our plans to another round of internal quality control plan reviews, before submitting the revised plans to the City.

We will verify that we have addressed each and every plan check comment, either by making the appropriate plan revisions and/or making a note on the check prints.

8. If required, we can assiSt the City in preparing special provisions and construction cost estimates.

We can prepare the necessary technical specifications for those items not covered by the SSPWC or Caltrans Specifications. We can prepare quantity estimates for each bid item andalso determine appropriate unit prices based on recent bid price histories. When preparing our estimates of probable construction costs, we will adjust our estimated unit prices based onthe relative quantities (higher unit prices for lower quantity items; lower unit prices for higherquantity items) and also the project location (higher unit prices for more remote locations andfarther distances).

9. If needed, we will provide construction phase support services for the City. Our work plan willgenerally involve providing clarification to the design plans that we prepared and also preparing change order documents when necessary. We can also attend pre-bid meetings, pre-construction meetings, field meetings, etc. We will prepare bid addenda when needed, review contractor submittals and will respond to requests for information (RFIs) upon request. 172
SECTION 10

INSURANCE
173
K*AINSURANCE
" ifi (him
i morgtgTHIS CERTIFICATE IS 18SUED AS A T)tATTER OF INFORMATION ONLY AND CONPE:R8 NO RlaHT8 UPON THE CERTIFICATE HOIDER. THISC!RTIPICAT!: DO!S NOT AFPIRMAT(V!IY OR N!GAMLY AMENtl, EXTENt) OR ALTER THE COV!:RAa!! AFPORDED BY W POLX,}ISBPiLOW. TH18 C!RTIFICATE OF INSURANCE DOES NOT CONITITuT!: A CONTRACT BETWaN TH! ISSulNts }NSLIREiR(S), AuTHOR]DREPRESENTATIVE OR PRODUCER, AND TH!: CUTIFICATE HOlDER. 1MPORTAT4T: If the caoate holder Is an ADDmONAl INauRED, the policy(lm) muat hoe ADOITIONAl lN8uRED provlsloni or ba endoraed.If SuBROaATION IS WANED, subject to the tsmia and condlllona of Uks policy, cerlaln pollcl*s may rmlulra an andorsamenL A statement on)hla cartHlmt* doas not cord'ar rlgMs to the cartlficate hiilder In Ilau of saiah andorsamsn$}.PROOllCtR DRaOal!,Rxeln216o7n5& Aasodatas
Oakland, CA 94(104-2675
Limnse #0020739
m/Act
Njl&lL_ _
H,"P, F,II, staa4s5as090- ' - - - ( U,Hay 51-0-2193 __ _I !! kl
ii--.-6amaDaalaimiibin.enm -
_ INlu_Rj!Rl_tlAPF3RDlll(l.alMllAOl__ _ _ NN(:*
i+iausxqaiTravslsnPmpar)yCaau$CoofAmed 268____74 _INffiullltl KOA(IJ)Rl'all _im3_a__ai XL 8p Insumim Co. . _KOA GOrpOratEn jlOO Co@amte Cantar Drive #201
M(3o2n31)s2reeyo4Pa7rkOi CA 91784
,lNBpa_ _ _ _ _ __ _
IN@@!Jltli _ _ -
, _lQIR!R la i
INQ! f :

COVERAGE8 CER'nFICATE NUMB!:R: 935987841 REVISION MIMaeR! T)418 IS TO CERTIFY THAT THE POLICIES OF lN8tlRANCE uSTED BELOW HAV! BEEN laSuEO TO THE INSURED NAAIED ABOVE FCIR THE POLICY PERIODINDICAT!!D. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CO+ITRA(:T OR OTHER DOCUMENT WITH FIE3PECT TO WHI(.H T)-IISC!_RnFICATE )AAY BE ISSuED OR MAY PERTAIN, THE INSLIRANCE AFFOROED BY T)4E PaLIClaS OESCRIBEO HEREIN la SUBJECT TO M.L TW. aM8,EXCLtl310N8 AND CONDmON8 0F 811CH POIICIES. UMrT8 SHOWN MAY )4AVE B!!iN Ra)u(.ED BY PAID CLAlMa.INIR kTR ffiffi Cl? INauMNCa #,E IIOlleYllkNltR POUCYm i POllaYl@I!WOtffiYl tM!#tOfflYYff i uMlTl'-k ' iil elllilfflllelALfllliallLllllj!lLffV -v" v -' amai+a !11-4-- 111-! - ffi(VXI- - I eiii-u-x-aapii _i3-cuy:'iWT_i7occ-up , " ' '+*" J (,mm$_ _ _ _ _ I I ix I xcu_yum_ _ I atlllAdG!l!aA'llLlMITAl'?Lli!lPiR j I
-1:=:,:""'-
?)k!Xal nnu%tYe-
J!8!;MIW!jfaml
. M!D3PjAiyo;payni
I pepso+=a_oqvyvium
: _(sEN_3RJ4__A;M_3%
' Plla011(:Ta0l:OMM)PAO(1
I
_..

It,000.(NXI
t TO,OOO_ .
$_lOXl_ 00Q
j_4._t)00.€K+0_ _ _ _ _
! a,ooo,oco
s
A AlffBlll)allJLffiallnY ' Y I Y ' aA2A4315aa
-fli====g== '
aiisaoie yiaaozo ' i',";";!':"a'_"a2"M'
, . aOi)llIV INJuR'l I%T pew)
l'OflL/ ININRY iPv iiomyl)
PROF'ERtV DA!ilAa!i
(pat qedtlopll
IT,000,(K)D
s

I '- - -
s
s
A x
llauc___uiaaP_lo,,,,0€: ',CuPttYa
i OEO , X ' QT!IITION $ Q I
37134011 I 3113/20)i0 5(>@@@1)ppp5
AWR!(!Affi
S s,ooo,ooo
16,(+00pDO
sA y<2CtWrlNlATIOll ' Y ' ua2L48&l604H 5ipcoyaaa' uaattJff y I N I gRQ%qAi;pfflal'nv!i l--1, , & i ,
gtisiaoia i aiiaaoie )! 1,,.7,,_._: -tf-_ ______ _____ ' l: L tacs accioim s 1,000,000nFFICl:RfMllAllFJlEXCLugED7 1_J nlA I(lllaiidamylnN)l) :e:=E=pER4noris Jlm i
!L OISffl-EA QA% I lj)aa,(XXI
I L1_ OlatAii POllCY LLIIIIT ) S iloooloooa ip- " oppsemm :imoie I xuaoxo amo.oooaalufflllda l IllXKl.(Xll)%Mm umny ImMd I li II I l-'-DRIPllaN OF OPfJull(l)ffl I laCATlOM I VtillalLl UkCl)11tl 1(it Amil hmAi !iimlluk IIIQ be arched u moiii apu li nquim} ::ra :5Rn8 ?;RWAX3;7Tvs: A/Xll or gmatsr. umbmlla Llabll§ pollw Is a hillow-fomi m underlying General LiabVhy/Aum Llabll*/Employana Uablll!y. (.ERTIFICATff HOLDF!R ca?4ciiunos 30 Dav Notl> of Oanmlla)Ion 'SAMPLE'
aNOuLD ANY OP TH! ABCM D!!8CRIBED POLIClff!i BE CANCEIL!In tlEPOR!i ThlE UPIRATION DATh TH!REOF. NOT}CE WILL BE DELMRtD INACCCIRDANCE WITH THg POLICY PR€lVISIONSi.

AFTII(!Rffi R!PNi8EliTATM
("Vli.:vs ("'if,hbt..
0 1!ffla-2015 ACORD CORPORATION. AII tights reserved.ACORD 25 (2018/03) The ACORD name and logo aro regialerod marks of ACORD 174
SECTION 11

SUBCONSULTANT QUALIFICATIONS
175
K*ASUBCONSULTANT QUALIFICAnONS FIRM PROFILES
KDM Meridian is a professional land surveying consulting firm located in Lake Forest, CA. We specialize in GPS, LiDAR scanning, conventional land surveying, and map checking. Our staff includes six (6) licensed Land Surveyors and one (1) certified land surveyor in training. The KDM Meridian staff works as an integrated member of the overall project team and has a complete understanding of the objectives and needs of their agency dients, They provide required management, technical, and professional services in a responsive, cost effective, and professional manner.

KDM Meridian is proud of its proven reputation of meeting clients' schedules and project goals. The KDM Meridian team strives to produce error free work products. A combination of state-of-the- art instruments and the latest software is utilized to minimize the chance for errors. Al) field data is run through a rigorous least square's adjustment routine. Each phase of work on every type of project is reviewed by one of the firm's Licensed Surveyors.

Founded in 2012, NCM -an engineering, technical, and professional services firm- is a California SBE corporation that serves cities, counties, Caltrans, Metropolitan Planning Organizations (MPO), rail authorities, transit districts, and private developers. Our founding Principals are recognized leaders in the industry for delivering award winning engineering projects throughout California. Our senior management team has an average of more than 25 years of specific industry experience and utilizes its far-reaching skill set to provide clients with cost- efficient project solutions. Our approach is strictly focused on achieving total client satisfaction with an emphasis on quality, responsiveness, and reliability. Furthermore, we maintain a tenacious attitude to maintain schedules, along with an ability to provide innovative solutions to the varied chal)enges of our transportation infrastructure projects, Collectively, these values have earned us a reputation of exceeding our clients' expectations on a consistent basis, and thus has helped establish NCM as a consultant of choice.
"' C-'r tZ '-- l- '1 f i- : '- l- " ' :' :S r ! ( ) N 22541 Aspan Street, Suite C
Lake Forest, CA 92630
Tel: (949) 768-0731
MA[N CON rA(-T-
Richard C. Maher
President
Tel: (949) 768-0731
[email protected]
t-'OF<M OF THE
i:)R(iAt'ilTZATFJN
S Corporation
22362 Gilberto, Suite 125
Rancho Santa Margarita, CA
92688
Tel: (949) 546-0822
Mohan Char, PhD, PE
CEO
Tel: (949) 294-7358
[email protected]
C Corporation
176

SUBCONSULTANT QUALIFICATIONS FIRM PROFILES
Founded in 2002, Avant-Garde has built a strong reputation for providing innovative and successful solutions for a number of public agencies including your City and the Cities of Temple City, Pasadena, Industry, Pico Rivera, La Mirada, La Puente, Hawaiian Gardens, Lynwood, Bell Gardens, Maywood, Perris, Cudahy, Alhambra, Moreno Valley, Rosemead, San Gabriel, El Monte, Bellflower, South EI Monte, and METRO. Our years of practice have resulted in a solid foundation of experience and technical expertise and a dedication to integrity, excellence, and quality. With our team of experts in program management, compliance management, grant writing, funding identification and administration, Avant-Garde is committed to developing a working relationship that becomes a seamless extension of the City's staff.

We have extensive experience in serving both major urban cities and small suburban municipalities with our success achieved through close attention to detail, emphasis on meeting the particular needs of each client and prompt delivery of products, studies and services.
-iWINING - IIRM PROFILE
For over 100 years, Twining has taken pride in its reputation for quality, reliability and expertise in providing geotechnical, materials testing and construction inspection services. As one of California's largest service providers, our firm has the in-house resources to meet the changing needs of complex construction projects from multi-building hospital campuses to interstate highways.

We employ some of the industry's most well-known construction materials experts who perform research and consult with regulatory agencies to shape the future of construction standard practices.

KIA
3670 W. Temple Ave, Suite 278
Pomona, CA 91768
Tel: (909) 979-6586
Ana LeNoue
President/CEO
Tel: (909) 979-6588
[email protected]
S Corporation
,-'\, V /'y N T
l \ R L) l'-

PROJECT OFFICE IOCATION
2883 East Spring Street,
Suite 300
Long Beach, CA 90806
Tel: (562) 426-3355

MAIN CONTACT
Amir Ghavibazoo, PhD
Director of Asphalt
Engineering and Pavement
Design
Tel: (562) 426-3355
[email protected]

FORM OF THE
CiRGANIZAJ?ON
S Corporation
!%
'TWININO
</o177

SUBCONSULTANT QUALIFICATIONS FIRM PROFILES
PARAGON PARTNERS LTD. - FIRM PROFTI-E
Paragon Partners Ltd. (Paragon), is a full service real estate right- of-way consulting firm; a local Small Business for Purpose of Public Works (SB-PW) and a CPuC and WBENC Woman Owned Business (WBE) that is wholly focused on delivering land rights for public, private, and quasi-governmental entities across a diverse range of business landscapes. In the last 26 years, we have delivered client- focused solutions in support of federal, state, and local agencies; transportation agencies; energy and utility companies; and organizations whose operations require a full range of land rights services to build and improve public infrastructure, Paragon has relevant experience providing right-of-way acquisition services on capital improvement projects throughout the Southern California region, including the City of La Habra Whittier Blvd/Hacienda Road Intersection Improvement Project, City of Irvine Business District Sidewalk Improvement Project, and City of Santa Ana Bristol Street Widening. Paragon provides right-of-way acquisition services on various transit, rail, highway, and street improvement projects for the Alameda Corridor East Construction Authority, Metro, and the Orange County Transportation Authority.
'.";RUEN ASSOCIATES HRM PROFILE
Gruen Associates (Gruen) is one of Los Angeles' best known legacy architecture firms that can boast a portfolio of landmark projects spanning more than 70 years. Gruen's landmark buildings enhance the urban landscape and shape the environment for millions of users. Many historic, urban neighborhoods have been revitalized through their landscape, streetscape, urban design, architectural design, planning, and transportation planning solutions that have created multi-purpose, engaging spaces for community interaction and social and economic growth. With a staff of 80, Gruen is a Los Angeles-based partnership responsible for some of the most significant, complex, and challenging projects worldwide. Winner of the 2019 American Planning Association (APA) Los Angeles Segment Distinguished Leadership - Planning Firm Award and the 2015 Firm Award by AIA California, Gruen was awarded the highest of honors by their peers in recognition of the firm's expertise in collaborative practice, a portfolio of over 10,000 projects, and their contribution to architecture and pivotal role in mentoring future generations of architects, landscape architects, urban designers and planners.

K*A
:'ROJEC'T OFFICE LOCATION
5660 Katel)a Ave.

Suite 100
Cypress, CA 90630
Tel: (714 379-3376
MAiN CONTACT
Neilia LaValle
President & CEO
(714) 379-3376 ext. 101
[email protected]

FORM OF THE

ORGANIZATION
S Corporation
<if) #UQ
PROJECT OFFICE tOCA-l tON
6330 San Vicente Blvd.

Suite 200
Los Angeles, CA 90048
Tel: (323) 937-4270
[-"lAi('l ('()(Sl'i-A(l ';:

Dean Howell, PLA, ASLA
Dir. of Landscape Architecture
(323) 937-4270
[email protected]

FORM OF TSIE
0RGAN 12,i\l'lO r'-l
Partnership
GRUENASSOCiATES
'l L - 61"
178

SUBCONSULTANT QUALIFICATIONS RESUMES
Richard Maher has worked extensively in all facets of land surveying with over one hundred different local, county, and state agencies and utilities districts. He has provided right-of- way engineering, annexations, heavy and light construction staking, design topographic surveys, aerial control networks, legal descriptions, boundary surveys, records of survey, and parcel and tract map preparation and checking. He maintains his knowledge of state-of-the-art technology, hardware, and software used industry wide. In doing so, Richard continues to be successful in providing services tailored to each dient, acting as their staff, understanding their needs, anticipating issues, providing solutions and ensuring a quality product is delivered on time and within budget.
a:LEVAN'T EXPERJENCE
- City Surveyor providing Map Checking and Surveying services, Fullerton, CA
City Surveyor providing Map Checking, Ontario, CA City Contract Surveyor providing all services, El Monte, CA F'i'sTR{CK EARL, Pt-S
MAP (HECKTNG LiANAGERi kDr'4 Mertdicin
Under Richard Maher's, (President of KDM) tenure as City Surveyor, Patrick Earl has been responsible for all map checking performed by KDM for the City of Fullerton since 2015. He is also involved in all map and document checking at KDM. Patrick has been a leader in the development of the procedures and checklists used at KDM that ensure map checks are thorough and consistent. His training of staff has developed a team of map checkers that regularly receive thanks and compliments from agency staff and map submitters alike. His in-depth knowledge of the Subdivision Map Act is combined with his ability to digest any cities subdivision manual, and/or development codes and allow him to develop checklists that are tailored to the various Cities we perform map checking for.

YMoar€aCLhiencdkanTowMnaCna!teerr,FYuolreb'aOLnindCaA, CA Monument Preservation (800), Rancho Palos Verdes, CA K*A
=DU(':I..t\TIO N
SuS;vCeyVj'nEgn, u'anlTheorrnni9a Rate
University, Fullerton, CA

Q,EGISTRATION
California Professional Land
Surveyor No. 7564
Et)ll(-.ATlON
BS, Mechanical Engineering,
University of California, Santa
Barbara, CA
!-'-[:(-JISTI-U'l'iTON
California Professional Land
Surveyor No. 8873
22-179

SUBCONSULTANT QUALIFICATIONSI RESUMES
Andrew Salva has worked both in the office and the field in his capacity as a party chief, survey technician, and project manager, increasing his knowledge and skills in the surveying and engineering field by first obtaining his EIT, foilowed by earning his PLS license.

Andrew's work in project management and field survey, including subdivision map checking work has afforded him with a balanced expertise in the day to day services KDM provides to our clients.

He has been an integral part of the implementation of Terrestrial LiDAR Scanning into our topographic mapping workflow in a quick and productive manner.

M!P Checkin.g, Pomona, CA
Monument Preservation (800), Rancho Palos Verdes. CA K*A
B('tifcorvnHiaEn!a'teeePro'h7technic
University, Pomoni, CA
. :i-GISTRATIC)i!J
California Professional Land
Surveyor No- 9383
ERID(il%STRUCTURt:) LEAD I
Mohan Char brings in 24 years of experience in planning, engineering, and design of large multidisciplinary transportation projects, Having worked extensively on projects with Caltrans, Metropolitan Organizations (METRO, RCTC, SBCTA, OCTA, Gateway COG, and Southern California Counties), he brings tremendous amount of knowledge base to bear on pro3ects. Mohan has designed, managed, and overseen all aspects of a project, viz., funding procurement, programming, preliminary engineering, environmental document, plans, specifications, estimates, quantities, construction COSt certifications, bid support, and construction support encompassing a variety of challenging bridge and roadway projects.

Environmental and Engineering Services On-Call, VariousLocations, Riverside County, CA As- Needed Engineering Services for FHWA Funded Projects,San Diego County, CA I-15 Express Lanes Design-Build, Riverside County, CA PHD, Structural Engineering,
University of Arizona, Tucson,
AZ
MS, Structura) Engineering,
":,='o"'%!,i'-a';;'eM.tYS'r,,s,
Newfoundland, Canada
BS, Civil. Engineering
University of Madras, India
PCrlVo.lflesCsAioNnaOl. Eon5gi8n9e4er (PE),
180

SUBCONSULTANT QUALIFICATIONS RESUMES
Mark Stiller has dedicated his career to the planning and design of roadway, railroad, and transit related infrastructure projects. His expertise includes multi-disciplined capacity improvement projects related to roadway, civil, structures, drainage, and environmental permitting. He served in the role of lead engineer responsible for updating Ca)trans Structures Standard Plans and Standard Design Elements to the new AASHTO LRFD Design Specifications.

Impressed with his high quality work, Caltrans selected NCM to continue to update the Caltrans Structures Standard Plans. Mark brings in superior understanding of all standards and practices of various agencies - Caltrans, AASHTO, ACI, AISC, AREMA, PCI, AWS UPRR/BNSF, SCRRA etc.
- Professional & Technical Corporate Product Development, Caltrans, Sacramento, CA
On-Call A-E Services, Professional Engineering Services, Orange County, CA
- I-15 Express Lanes Design-Build, Riverside County, CA Michael Crull has 39 years of experience performing planning, design, and quality control reviews of major transportation projects. He has worked on more than 30 interchanges and over 50 miles of major roadway and freeway extensions. Michael is a Qualified Technical Reviewer for geometrics and transportation projects. He has managed and designed all facets of local street, major arterial, interchange, and freeway projects. Many of his projects have been recognized for engineering excellence and innovation by ASCE, APWA, ACEC, and the FHWA. His experience includes all types of project delivery methods: traditional design- bid-build, design sequencing, and design-build.
- I-805 North HOV/BRT Design-Build Project, San Diego, CA - 2-10/I-110 Metro Express Lanes Design-Build, Los Angeles, CA - Environmental and Engineering Services On-Call, Various Locations, Riverside County, CA
K*A
CAaJigrvn"iaE'!are'Pro"?echnic
University, Pomona, CA
cPrivo,ifiei 'scsAioNnaol. EoN9in3e5er (PE),
:sl:foCrvnilaES"&: UernWrsity,
Long Beach, CA
Csaligvrnlia"S'tanteeeU'nni!rsity,
San Diego, CA
Profess!onal Engineer (PE),
Civil, CA No. 03'2!522
181

SUBCONSULTANT QUALIFICATIONSI RESUMES
", , ", -, ' . 'i ..,a' ( . > i .'i '. t a . Ia : S - l""".

Jerome Joaquin has over four years of experience in administrative and municipal program services and contract administration. His main responsibilities include providing labor compliance services, grant research and writing, fund administration, community outreach support, and program management services. Jerome is familiar with the Caltrans local assistance process, for which he has helped prepare and submit agreements and project documents for Caltrans and Metroa, tracked project expenditures; prepared Requests for Authorization to Proceed (RFA) to begin engineering and construction phases; completed all documents required by Caltrans Local Assistance to grant authorization; and coordinated with engineering teams for project budget and schedule updates.

Florence Ave. Street Improvement STP, Bell Garden, CA Montebello Way Traffic Signal Improvement HSIP,
Montebello, CA
Citywide Safety Enhancements HSIP, Pico Rivera, CA
K*A
BS, Urban & Regional
Pornona. CA
'RO(5RAM D'iRE(]('-RI
Lissette Calleros has extensive experience in grant writing, project monitoring, labor compliance and funding administration services to ensure that the funding secured is spent per the requirements of the funding agency and within the required timelines. She also has experience in strategic budget planning specifically with Capital Improvement Programs. Lissette has assisted various agencies in performing a variety of analyses and studies to identify state and federal funding options; performed time- critical and confidential studies related to fiscal and administrative requirements of grant programs; assisted in the grants solicitation process; planned and coordinated the implementation of awarded grants to ensure that the City was in compliance with applicable laws and regulations, and monitored and audited grant expenses. 57/60 Confluence Project, City of Industry, CA
Rosemead Blvd and Enhancements Project, Rosemead, CA CBSa'li?oursn:"AeStaMteaPoamemcehnnfi:c
University, Pomona
182

SUBCONSULTANT QUALIFICATIONS RESUMES
A'i.'l'[R (illA'./IB!"i,Z(a)(), PI e D
Q(-r):-(T USNAGER I n.vnrr,q, mtl
Amir Ghavibazoo, PhD, has extensive practical experience in asphalt pavement engineering including pavement design, rehabilitation, preservation, pavement management, materials and construction. His experience includes the characterization of rubberized asphalt binders and developing mix designs fo))owing Superpave specifications. Additionally, he has extensive experience with advanced performance testing of asphalt binder including Dynamic Shear Rheometer (DSR), Bending Beam Rheometer (BBR) and other asphalt binder quality control tests. He works closely with cities and government agencies to develop unique and specialized mix designs, pavement construction inspections, and pavement design solutions.

RELEVANT EXPERIENCE
- Pavement Evaluation, Studebaker Road, Long Beach, CA - Slover Avenue, Cherry Avenue to Mulberry Avenue, Fontana, CA
City of Huntington Beach-Arterial Rehab, Huntington Beach, CA
PAC.JL SOLTIS, PE. GE
GEOTECHNICAL ENGTNEER '7"iaiiniri53. me.

Paul Soltis, PE, GE, brings more than 27 years of technical expertise to Twining. His experience includes geotechnical investigations and analyses relative to roads, bridges, highways, and other California infrastructure projects. His focus is on interaction with the design team during development of construction documents to achieve the most appropriate foundation type and most efficient site preparation techniques. Paul has extensive on-call contract management experience and the proven ability to simultaneously maintain and manage multiple projects. Paul is responsible for the technical oversight of the firm's geotechnical projects and management of the firm's geotechnical personnel.

RE1EVANT EXPERIEt'-ICE
a Pavement Evaluation, Studebaker Road, Long Beach, CA - Slover Avenue - Cherry Avenue to Mulberry Avenue, Fontana, CA
Cochran Street Bridge Widening, Simi Valley, CA
K*A

EDUCATION
PhD, Civil and Environmental
Engineering, North Dakota
State University, Fargo, ND
jflan:vWear\rt5no\Hca:rnn!'and
Technology, Tehran, Iran
BS, Industrial Engineering
Amirkabir University of
Technology, Tehran, Iran
EDUCA7'TON
MS., Geotechnical Engineering,
University of Colorado,
Boulder. CO
csaiig\nia=n!iffeecrt!'c State
University, San Luis Obispo, CA
lGIS1-R,l'lTION
Registered Geotechnical
Engineer, CA No. 2606
S'(,,183

SUBCONSULTANT QUALIFICATIONS RESUMES
PH[LLlP BONtNA
j-l( '.: E i: j- '.'.' ;i rl "s' i '-, "'. i P'l ra a 0 it Phillip Bonina is a high performance and results driven commercial, industrial, residential rea) estate professional with proven expertise to successfully manage client driven real estate and business strategies for public and private projects. Phillip has more than 32 years of professional experience working with property owners, public entities, privately owned companies, utility companies, construction managers, sub-consultants and vendors. Leveraging this level of experience coupled with his licenses, certifications and background as a Certified Property Manager (CPM), Certified Commercial Investments Manager (CCIM O), a licensed Real Estate Broker (CA, TX, UT), and a licensed CA General Contractor (GC), he is able to pro-actively prepare for and mitigate unforeseen changes during the implementation of right of way services.

RELEVANT EXPERIENCE
Irvine Business Complex (IBC) Sidewalk Improvement Project, Irvine, CA
K*A
EDUCAnON
sBtS,CeivuilnElVnegrsin,eyerFiunffei ,Coalnifornia
Light Construction and
Development Management
cPraorl?orarnml,,UIrnVivineersity of

REGISTRATION
California Real Estate Broker,
#01023028
General Contractors Bl
License #427008

GREG BROWN
Rlf'((IP.AL RIGHT (3F 'AlAY.AtSENrl Paragon
Greg Brown is an experienced right-of-way professional with a proven track record of completing iarge and complex real estate development and infrastructure projects. He has over 30 years of project experience in transportation right-of-way acquisition and management, public sector real estate acquisition and development, economic development, and redevelopment. Greg possesses strong negotiation skills and cultivates strategic business relationships.

RELEVANT EXPERIENCE
Riverside County Transportation Commission SR-91 Corridor Improvement Project, Riverside County, CA
Metro Orange Line BRT Improvements Project, Los Angeles County, CA
Public Works/Engineering Division & Economic Development Department, Garden Grove, CA
EDUCAnON
MPA, Public Administration,
University of Southern
California
BS, Public Administration,
California State LJniversity,
Dominguez Hills

REGISTR ATION
California Real Estate Broker
License #00838534
184

SUBCONSULTANT QUALIFICATIONS RESUMES
"EBR./'S (.";ER('D, ' A!t'- I I-r:D ;'if)
?A F'. r l'! E R (N' l"l" 1/-\ h:(: l= 'T{ kh'l l .z'l,S ';()( i'(,:H't' S Debra Gerod has been with Gruen Associates for more than 30 years, and has been a Partner for the past 17 years. She is known in the industry as a "hands-on" Project Leader, working on small- scale and large-scale, complex, significant projects. Her expert guidance has resulted in an unparaDeled portfolio of projects including the Los Angeles Riverway, LAWA Century Boulevard Streetscape, Pershing Square Revitalization and FAB Park. i<ELEV ANT EXPERTEN(E
- Los Angeles Riverway Bikeways and Greenways, Los Angeles, CA
LAWA Century Boulevard Streetscape, Los Angeles, CA Pershing Square Revitalization, Los Angeles, CA
First and Broadway (FAB) Park, Los Angeles, CA
South Gate Ed. Center Bldg./Infrastructure Demo, South Gate, CA
Metro Los Angeles Union Station Master Plan, Los Angeles, CA
K*A
41 I
EDUCArION
MA, City and. Reg.ional
Planning, University of
California, Berkeley, CA
BA, Environmental Design,
UBonuivledresri,tyCOof Colorado,

REGISTRAJION
Reoistered Architect CA No.

LEED Accredited Professionai
iiE.AN I-l(:iWELL, PLA, ASLA
l')'[RECTOR OF LAND.SCAPE ARC)-l'iTECTUREl Gruen Assocrti[es Dean Howell joined Gruen Associates in 2007 as an Urban Planner/Landscape Architect, was appointed to Dir. of Landscape Architecture in 2014 and Principal Associate in 2016. He develops conceptual designs that stress a balanced relationship between natural and social environments, and performs in-depth site analysis studies based on environmental, physical, social and economic considerations. His full range of tasks include design development and presentation illustrations to CDs for streetscapes, transit corridors, mixed-use developments, public parks and commercial projects in accordance with the accepted public standards for health, safety and welfare.

REl.ES/A('-l'i EXPERIEt"ICE
- Los Angeles Riverway Bikeways and Greenways, Los Angeles, CA
LAWA Century Boulevard Streetscape, Los Angeles, CA Foothill Boulevard Streetscape Project, Claremont, CA Rosemead Blvd. Safety Enhancements/Beautification, Temple City, CA
El)UCA'7 ION
California, Los Angefes, CA
BA, State College of Florida,
Bradenton, FL
185

SUBCONSULTANT QUALIFICATIONS RESUMES
Craig Biggi joined Gruen Associates in 1998, and is a Principal Associate and an award-winning Director of Design for the firm.

He has over 24 years of experience in (arge-scale and small- scale transit/infrastructure/bridge projects, recreational facilities, commercial/mixed-use centers, office buildings, museums, cultural spaces and residential designs that have brought the firm numerous awards for design, function, sustainability and social impact. Craig's signature projects incorporate design excellence with sustainable strategies, such as the multi-award-winning Vasquez Rocks Natural Area Park Interpretive Center for the County of Los Angeles that met LEED Platinum certification.

RElEVANT EXPERI!':iSlCE
- Vasquez Rocks Natural Area Park Interpretive Center, Agua Dulce, CA
Metro Orange Line Canoga Extension, San Fernando Valley, CA
Glendale-Hyperion Viaduct Complex Improvement, Los
Angeles, CA
TIM DES,/llN. PL,A,ASLA, LEED
LANDSCAPE ARCHirECTl Gruen,aSssocintes
Tim Devlin joined Gruen Associates in 2016 as a Landscape Designer, became a Licensed Architect in 2018 and an Associate in 2019. He brings a wealth of experience encompassing landscape architecture, urban design, sustainable design, comprehensive planning, conceptual planning, site analysis, planting plans, stakeholder and community engagements, transit-oriented developments, green walls, public amenity spaces, highway landscaping, green roofs, trails and streetscapes for public and private projects. Tim works on primarily landscape design projects as well as collaborates with team members for various architectural-, planning- and urban design-led projects of commercial, civic, cultural, mixed-use, higher education, US embassy, recreational and residential scales.

K*A
EDt.JCAT(ON
BA, Southern California
Institute of Architecture, Los
Angeles, CA

REGISTRAJ ION
LEED Accredited Professional
DUC Al't(')N
BA, Landscape, State
o\ivneVrlsriotynmofeNnteaw YcgierkncCeoalln!e
Forestry, Syracuse, NY
Horticulture Studies, Northern
!,'aEVAt'Slr EXPERIENCE
- Los Ange)es Riverway Bikeways and Greenways, Los Angeles, CA
- Foothill Boulevard Streetscape Project, Claremont, CA - SBCTA West Valley Connector Corridor, San Bernardino, CA LEED Green Associate
'K"I
186
SUBCONSULTANT QUAuFICATIONS PROJECTS
" ;S p (}1 F.(hCtl'l (i /'3t '-"A.t'.'0(.15 5,-,11 Q'V E 'Y"lNG SF R'ViC€ ".i KDM Meridian has an On-call contract to provide map checking and surveying services to the city of Fullerton, We provide monument preservation, topographic surveying, construction staking, as we(l as certifications for the design and construction of various public works projects, We also check all maps, )ot line adjustments, and legals and plats submitted to the City. :;EFEREt'lCE - Yelena Voronel, 303 W. Commonwealth Ave., Fullerton, CA 92832, (714) 738-6852, yelenav@ful)erton.ca.us K*A
Y(I)RBA LiNDA TOWN CE!'=1TER
YORBA liND,i CA. I KDM r'4errdvan
KDM was retained by Harris & Associates to provide design topography which included research of record centerline, right-of- way and parcel lines; aerial mapping, conventional surveys, cross- sections, manhole dips, monument preservation, and existing easement plotting. 14 new easements were created, an ALTA survey was performed, and a record of survey was recorded.

F).EFERENCE - Elizabeth Reyes, 22 Executive Park, Suite 200, Irvine, CA 92614, (949) 655-3900 x2382, [email protected] AREA 4 All [E'/' IfvlPRO".'b"/lb Nl Df=Si(SN T'()l)0(-'J"<API-IY lA t-IABRA, CiS : ft Dr'-l r4erichan
KDM worked with KOA Corporation to facilitate rehabilitation of several alleys in La Habra. The project included researching record right-of-way and parcel lines, topographic field surveys, and base map compilation.

RFFERE('l(E - Giuseppe Canzonieri, 1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754, (323) 859-3155, gcanzonieri@ koacorp.com
1-' iORBA LINDAT(Jtl'N C[NTCR PiA
Alibi
qo
187
SuBCONSULTANT QUALIFICATIONS PROJECTS
:'IVERSJDE COtlNTY, CAi
NCM as one of the 4 firms for providing on-call environmental and engineer'ing services Capital Improvement Program's (CIP) FHWA funded projects whose value is $0.5M per year for 3 years which later got extended by another 2 years because of outstanding work of NCM, Tasks consisted/consists of wide variety of project types ranging from preliminary engineering to environmental to PS&E to peer reviews.
" - Cathy Wampler, PE, 3525, 14th Street, 2nd Floor, Riverside CA 92501, (951) 955-6803, [email protected] ?IS/ER.SlDE COLI[!ITY CAi '
NCM served as a subconsultant for this $244M design-build project to deliver Riverside County Transportation Commission's vision to develop 15-miles of tolled express lanes on the Interstate 15 Freeway. The project includes two TELs in each direction, widening of I-15 through the I-15/SR-91 interchange, 11 bridge widenings including a major structure crossing the Santa Ana River and a complex structure crossing the BNSF tracks, specialty high mast lighting, and extensive environmental compliance activities. - Lily Sun, PE, 1801 30th Street, Sacramento, CA 95816, (916) 227-8915, [email protected]
'::.Ai'-l t.)IECiO COUNTY, C.l:!l i
County of San Diego selected NCM as top ranked firm for providing as needed engineering services (contract value $4.99MM over 5 years) related to Capital Improvement Program's FHWA funded projects. Tasks entail the preparation of construction plans and details, specifications and engineer's cost estimates (PS&E), various design documents, technical reports, engineering calculations and analysis, and construction support services.

Jeffrey Moody, PE, 5565 0verland Ave., Ste. 270, San Diego, CA 92123, (858) 495-5029, [email protected] K*A
r<E'-'Ji.i'i' :)'l '()(?, l,)l ji'J Ir'll',;:t? l! )r.l ! i"i"t',' ; F(,';P .'( '; : l'.Jt'i,liD i!": !; r" :!l'Ji':/'IL Er"lla".i'[!'ll!]:.ri'J(; 2';F !)-iVICEc,:il- ( I : I I i F-.,a. IT- 188
SUBCONSULTANT QUAuFICATIONS I PROJECTS
(.',l I'T' (-ri- I i"i t..'U':-J RY A '
The cities of Diamond Bar and Industry, in cooperation with the Caltrans District 7 and the FHWA, propose to construct a new interchange on SR-60 at Lemon Avenue to improve traffic operations by providing direct access to SR-60 from the surrounding areas.. Industry has retained Avant-Garde to provide oversight of activities and provide as-needed advisement on matters of finance, grants, and administration to both cities of Industry and Diamond Bar.
. ' - Josh Nelson, 15625 E. Stafford st., #100, Industry, CA 91744, (626) 333-2211, [email protected]
CITY OF INDUSTR\, CAI .

Avant-Garde has been heavily involved with the Confluence Project, assisting in securing over $18 million in funding for the project through the TIGER Discretionary Grant Program and Metro's Call for Projects, as well as organizing outreach activities including the development of materials, delivery of public presentations, and development and maintenance of the www. freetheway.org website. Avant-Garde has coordinated with the City, engineering team, and the FHWA to finalize the TIGER Grant. - Josh Nelson, 15625 E. Stafford st., #100, Industry, CA 91744, (626) 333-2211, [email protected]
rEMPlE CITY, CAI
Avant-Garde provided funding administration services for the Rosemead Boulevard Beautification and Enhancements Project, a !520 million federally funded project (total of 14 funding sources).

Avant-Garde coordinated with the design engineer, project management team and City staff to ensure that the project was implemented in accordance with State and Federal funding guidelines, as well as provided fiscal advisement on the uses of local funds for various aspects of construction activities.

Bryan Cook, Address: 9701 Las Tunas Dr., City of
Temple City, CA 91780, (626) 285-2171, cook@temple city.us K*A
E / jR-a@ I?fflRCHANat ALTI
TV Of HlaHfilY / €4YY Of Ol&mffl@ a
R(".(2UFS'i' F()P- QUAIJFI(:Ar'lC)N ( RFQ) FOR AS NEF[')ED f)R()FESSIONAL EN('=INEERftNG SEF:!VICES CJ T"i" ( ')F 'E(Xi l-'rl (r. A ( 'r'
189

SUBCONSULTANT QUALIFICATIONS PROJECTS
STUr)EBAKER R.OA[) REHABJLtTATTON
l.CtNG BEA.(IH, (-.€ % rviiriirig, n:c.

This project involved the geotechnical investigation, pavement structural design, and construction of Studebaker Road between Spring Street and Wardlow Avenue in accordance with the design we provided. The City was seeking a sustainable and cost-effective rehabilitation strategy that also minimized interference with neighborhood traffic. Twining was selected to perform a pavement condition evaluation and rehabilitation recommendation ::!EFERENCE - Onofre Ramirez, PE, 333 W Ocean Blvd, Long Beach, CA 90802, (562) 570-6183, [email protected] CIVIC CEhlTER WAY PAVEMENT EVALUATTON
Th.1ALIBU. CA } Tvinirig, inc,
This project consisted of performing pavement evaluation on Civic Center Way in the City of Malibu. The purpose of the evaluation was to develop recommendations for pavement rehabilitation.

Twining performed an engineering evaluation of the AC pavement with the purpose of developing recommendations for rehabilitation. This evaluation consisted of coring the existing AC pavement section, sampling the underlying subgrade soils, and laboratory testing of retrieved samples.

REFERENCE - Michael Choi, 21820 Burbank Blvd., Ste. 230, Woodland Hills, CA 91367, (747) 900-8400, michael.choi@kimley- horn.com
ARTERIAL REHABiLITA)aTON
HUNTINGT'ON F3EACH, CAi 'Twit"irng //7C.

Twining performed pavement evaluation on approximately 8 lane miles of street at multiple locations in the City of Huntington Beach to recommend repair and rehabilitation strategies for the pavement at project level, Amir served as senior pavement engineer coordinating the required testing and preparing the final recommendation and design. Severa1 alternative options were provided to the city including, mill and overlay, reconstruction, and full depth reclamation
t'i>rtT>t h l( F - )ames Wagner, 2000 Main Street, Huntington Beach, CA 92648, (714) 536-5467, [email protected]
K*A
REQ(hS-l' Fell OUALIFlt3alC)N ( Ri:Q) FoR AS NE€DLD I)RC]-lSSi('')NAI. Ersi'GINEERING SERVTCFSCITY ()t" )OUt')l (:AT13 190

SUBCONSULTANT QUALIFICATIONS PROJECTS
IRViNE BUSiNESS D!STRICT S'IDE\/VALK IMPROVEMEN1-S
i7{t/'il'lf=, C.'{ j I-'ntcigori l)nrmers LTD.

The City of Irvine proposes to construct sidewalks, driveways, curbs and gutters for the Irvine Business Complex Sidewalk Project.

The improvements will cover Armstrong Avenue, Teller Avenue and portions of the Millikan, Hale, Noyes, Du Bridge and Gates Avenues. Paragon acquired 23 temporary construction easements to reconstruct driveways and walkways, move and replace trees, relocate signs and restore landscaping. An additional seven (7) permanent easements were acquired for sidewalk purposes. There are 27 different property owners covering 29 parcels.

REFERENCE - Rudy Romo, 1 Civic Center Plaza, Irvine, CA 92606, (949) 315-1444, [email protected]
BRTSTOL STREET W'[DENINGI MULnPLE PROJECTS
SA('4TA AN.A tJ..A I Paragon Pcirtners L7-D.

As part of a larger project, Bristol Street will be widened from two lanes to three lanes in both directions, from South Coast Plaza to the 22 Freeway. Paragon is providing acquisition, relocation and property management services for the following: Bristol Street Widening Phase IIIA l Civic Center to Washington. Bristol Street Widening Phase InB, Washington Avenue to Seventeenth Street.

Bristol Street Widening Phase IV, Warner Avenue to St. Andrew's Place.
t':):FEREN(':E - Souri Amirani, 20 Civic Center Plaza, Santa Aha,CA 92701, (949) 315-1444, [email protected]
l.-2].O SOUNDWALL IMPROVFMENT PROJECT, Pf-IASES 1 & JI I A CANADA F-I [NTRiDt;E:, CAI PamgOn PnrtnerS LTD.

The City, in cooperation with Caltrans, is constructing sound walls on the north side of Interstate 210 in muitiple phases. Caltrans determined that the project has no significant impacts on the environment as defined by NEPA and the project is categorically excluded from preparing an environmental impact statement.

REFERENCE - Peter Tuccillo, 100 West Walnut St. Pasadena, CA 91124, (661) 301-1420, petertuccillo@parsons,com
K*A
9=i
191
SUBCONSULTANT QUALIFICAnONS PROJECTS
l('.)S-t'SNGE!ESR't'v/ERV%.'A';BIKlVV'YS!':'=:C:RFEpo,ir,,,A'4ya) "(')SA,:'ii'-.FJEL.E'5,C"a'l',(l/11f:'{)"l.'iSLlL'7(7rt?S Gruen Associates' urban design solutions will re-imagine and complete the Los Angeles River trail system throughout the San Fernando Valley. The new bikeway/greenway will improve regional livability by expanding active transportation options with new access to transit, homes, schools, jobs, nature, parks and recreational amenities. The team conceptualized multiple segments of a bicycle path and greenway along the river.
':.EFERENCE - Nur Malhis, MS, PE, 1149 South Broadway St. #830, Los Angeles, CA 90015, (213) 485-4737, [email protected] FO(')Tt-tlLL BOULEVARI) STREETSC/-\PE PR()JECT
C',.A.R.EMONT, CAi GruenAsst'>aates
The Foothill Boulevard Project is the City of Claremont's roadway improvement and green street plan for the two-mile stretch of Foothill Boulevard between Claremont Boulevard and North Towne Avenue; a part of historic Route 66 and one of the country's most recognizable thoroughfares. Gruen is the lead Landscape Architect and Landscape Designer for all urban design elements including the monument signage, hardscape, landscape and seating nodes.

REFER.tEThlCE - Christopher Veirs, 207 Harvard Ave., Claremont, CA 91711, (909) 399-5486, [email protected]
LAWA C['NrURY BIVD. (or-lcEIPn-lAl PLAN - GRFei'-l ',T'REET P1A('J AN[i l.AX DFESIGN GUrDELJNES
LC)5.'i Ai'JGElES, LA : (';/-I{C/1 -4SSC}Cl(lteS
Gruen Associates prepared a streetscape plan for Century Boulevard and intersecting arterials to establish a new standard for future streetscape improvements that will strengthen the quality and attractiveness of Century Boulevard's pedestrian environment and improve connectivity to Metro's Aviation/Century transit station, restaurants, retail shops, rental car services, off-airport parking, airport facilities, amenities and other commercial services. i""- Q!' "r - Bob Burlingham, 1 World Way, Admin East #218, LA, CA 90045, (424) 646-5177, [email protected]
KIA
"lr
192

IOS ANGELES I CORPORATE OFFICE
Mont'erey !)ark, C.A 91754

ORANGE COUNTY OFFICE
.2141 W. Orangewood Avenue
Or'ant)e, CA 92808
P (/'14) 573-0317

INLAND EMPIRE OFFICE
3190 Shelby Street, Bldg C,
Ontario, CA 91'764
P (909) 890-9693

SAN DIEGO OFFICE
5095 Murphy Canyori Road, Suaite 33(j
Sar'i Dieqo, CA 921-':3
P (bl9) b83-29.'33

COACHELLA VALLEY OFFICE
78-4()S Via (Ialiei-ite
t.a Quinta, CA 92253
P ('760) 6')4-17 1.€-i
@
VI B9] 2(,:IS
qto
193
Attachment C
Amendment No, 1
Contract No. 2020-16-CC
AMENDMENT NO. I TO CONTRACT NO,
2020-16-CC FOR AS NEEDED ENGmEERmG SERVICES

BETWEEN THE CITY OF SOUTH GATE AND

KOA CORPORATION
This Amendment No,I to Contract No, 2020-16-CC for As Needed Engineering Services ("Amendment No. 1 "), is made and entered into on March 8, 2022, by and between the City of South Gate, a municipal corporation ("City"), and KOA Corporation., a California corporation ("Consultant"). City and Contractor are sometimes hereinafterindi'vidually referredto as a"Party" and collectively as <'Parties."

RF,CIT ALS
WHEREAS, on February 25, 2020, the City Coiuicil approved Contract No.2020-16-CC with Consultant ("Agreement") forAsNeededEngineeririg Services for a two-yearterm through and including February 25, 2022, in the amount of Four-I-Iundred Eighty Thousand Dollars ($480,000); and
WHEREAS, City and Consultant desire to execute ArnendrnentNo. 1 extending the term of the Agreement retroactively effective from February 26, 2022 to June 30, 2023 under which the total amount of compensation to be paid by the City to the Consultant shall be based on the services provided at the agreed upon hourly rates identified in Exhibit "A" in Agreement 2020- 16-CC and, under the terms and conditions of the Agreement.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. MODIFICATION TO AGREEMENT
a. TERM OF AGREEMENT. The term of the Agreement shall be extended retyoactively effective from February 26, 2022 through and including June 30, 2023, unless otherwise expressly extended and agreed to by bothParties inwriting or terminated by eitlier Party as provided in the Agreement. b. SCOPE OF WORK AND COMPENSATION. The scope of worlc and the amount of compensation to be paid by City to Consultant shall be in accordance with Exhibit "A" of Agreement 2020-26-CC,

2. EFFECT OF AMEND1'VIENT8, Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto, shall remain in full force. All the recitals to this Amendment No. 1 are incorporated into the Agreement as modified by this AmendmentNo, 1. City reserves the right to augment or reduce the scope of worlc as tlie City deems necessary.

Page I of 2
'1*
194
Amendment No. l
Contract No. 2020-16-CC
IN WITNESS WHEREOF, tlie Paities hereto liave caused this Amendt'nentNo. lto be executed arid attested by tlieir respective officers txereunto duly authorized.

CTTY OF SOUTH GATE:

Al Rios, Mayor
Dated:

ATTEST:

B7:

Chris Je'ffers,/DeAt'f City Clerk
(SEAli
APPROVED AS TO FORM:

I .
8y;
F. Salinas, City Attorney
KOA CORPORATION:

Giuseppe Canzonieri, PE, Vice President
Date: 4/7/2022