South Gate City Council
October 24, 2023

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, October 24, 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: 886 8687 0830
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Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Maria del Pilar Avalos, Mayor
INVOCATION:

Pastor Ernesto Trejo, South Gate Church of Christ
PLEDGE OF ALLEGIANCE:

Ana Elizarraras, Executive Director, Chamber of Commerce 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
Raul F. Salinas
1 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 - NONE
Comments From The Audience - Non-Agenda Items
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 2 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
1, 2, 3, 4, 5, 6, 7,
and
8 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.

1. 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 1 Report 10242023.pdf

2. Resolution approving Agreement Number 23-APP46 for 2023/24 ABC grant funds to participate in GAP to enhance enforcement, public education and outreach to ABC-licensed establishments

The City Council will consider: (PD)
a. Adopting a
Resolution
approving Agreement Number 23-APP46 accepting grant funds in the amount of $34,455 from the State of California Department of Alcoholic Beverage 3 Control to participate in the ABC GAP for ABC enforcement and compliance for Fiscal Year 2023/24;
b. Appropriating $34,455 in the Fiscal Year 2023-24 Budget under Fund 231 Law Enforcement Grants and increasing grant revenue by the same amount; and

c. Authorizing the Chief of Police to execute the Grant Agreement in a form acceptable to the City Attorney.

Documents:

Item 2 Report 10242023.pdf

3. Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to approve the update to the job classification specification for the position of Code Enforcement Supervisor in the Department of Community Developmen
t

The City Council will consider adopting a
Resolution
amending Resolution No. 6454
(Salary Resolution and Position Classification Plan) to approve the update to the job classification specification for the position of Code Enforcement Supervisor in the Department of Community Development. (HR)
Documents:

Item 3 Report 10242023.pdf

4. Resolution amending Resolution No. 6454 (Salary Resolution And Position Classification Plan) to approve the retitling of the Transportation Supervisor Position to Transportation Planning Manager in the Parks and Recreation, the updated classification specification, and salary range

The City Council will consider adopting a
Resolution
amending Resolution No. 6454
(Salary Resolution and Position Classification Plan) to approve the following actions: (HR) 1) Retitling the Transportation Supervisor position in the Parks and Recreation Department to Transportation Planning Manager;

2) Updating the classification specification for the position of Transportation Planning Manager; and

3) Updating the salary range for the Transportation Planning Manager on the City's Consolidated Pay Table.

Documents:

Item 4 Report 10242023.pdf

5. Agreement with Quality Fence Co., Inc., to construct the South Gate Park Fence Project, City Project No. 550-PRK

4 The City Council will consider: (PARK)
a. Approving an
Agreement
with Quality Fence Co., Inc., to construct the South Gate Park Fence Project, City Project No. 550-PRK in an amount not to exceed $1,785,000;

b. Appropriating $650,000 from the Park Enhancement Fund to cover additional costs for the project;

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

d. Authorizing the Director of Parks & Recreation to approve any change orders needed up to the amount designated in the contingency funding.

Documents:

Item 5 Report 10242023.pdf

6. Agreement with All-City Management, Inc. for Crossing Guard services

The City Council will consider: (PD)
a. Approving an
Agreement
with All City Management Services, Inc. ("ACMS"), for
crossing guard services for a one (1) year term effective July 1, 2023 - June 30, 2024; and

b. Appropriating an additional $32,099.16 from the General Fund unallocated fund balance for the Crossing Guard Program; and

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

Documents:

Item 6 Report 10242023.pdf

7. Microsoft Enterprise License Agreement with SHI for Microsoft Office 365, a cloud-based electronic mail system

The City Council will consider: (ADMIN SVCS)
a. Approving a Microsoft Enterprise License
Agreement
with SHI for Microsoft Office
365, a cloud-based electronic mail system, for a three-year term, in the amount of $483,012.42, or $161,004 annually; and

b. Authorizing the issuance of a Purchase Order to SHI for the purchase of this 3-year Microsoft Enterprise License Agreement.

Documents:

Item 7 Report 10242023.pdf
5 8. Notice of Completion for the Sanitary Sewer Project, City Project No. 629-SWR

The City Council will consider: (PW)
a. Accepting completion of construction of the Sanitary Sewer Project, City Project No. 629-SWR, constructed by Southwest Pipeline & Trenchless Corporation, effective August 16, 2023; and

b. Directing the City Clerk to file a Notice of Completion with the Los Angeles County Registrar Recorder's Office.

Documents:

Item 8 Report 10242023.pdf
Reports, Recommendations And Requests

9. (Cont. from 9/26 & 10/10) Approve Agreement with Granicus to install video and broadcast equipment and provide video production services

The City Council will consider: (ADMIN SVCS)
a. Approving an A
greement
with Granicus to install video and broadcast equipment in the Council Chambers in City Hall and provide video production services for a three-year term;
b. Appropriating $57,400 in one-time costs from the ARPA Fund and $55,400 in on-going costs from the Public Access Fund; and

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

Documents:

Item 9 Report 10242023.pdf

10. Approve Grand Theft Auto Awareness Campaign and allocate funding

The City Council will consider: (PD)
a. Approving the South Gate Police Department Grand Theft Auto Awareness Campaign; and
b. Appropriating $17,500 from the Asset Forfeiture Fund to fund the program.

Documents:

Item 10 Report 10242023.pdf

11. Warrant register for October 24, 2023

6 The City Council will consider approving the Warrants and Cancellations for October 24, 2023: (ADMIN SVCS)

Total of Checks: $4,978,345.77
Voids: ($ 945.73) Total Payroll Deductions: ($ 332,554.92)
Grand Total: $4,644,845.12

Cancellations: 98562, 99392, 99770, 99780, 99799, 99804, 99854, 99875 Documents:

Item 11 Report 10242023.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on October 18, 2023, at 12:15 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
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 7 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 Item No. I

CITY MANAGER'S OFFICE
O(,T 18 2023
7:%A4 C'dy of South Gate

CITY COUNCIL

AG-ENDA IBYLL
Department Director:

For the Regul M ting o:t:
ent:
o ervantes
October 24, 2023
Public Works
City Matxager:
!'' 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 $30.5 million in grant and other 'funds for design, construction, operations, and maintenance, as summarized below, inclusive of a $5,000,000 grant from Caltrans.

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 a 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 9
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 immediate 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 § l.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 occuned. 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-fifth'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, and the City continues to address the requirements imposed by the County.

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 2 10
completed. Preliminarily selected a recornrnended interim contractor; conducted a field review; and received a fee proposal 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 Sumn'iary 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 WICM for which the safety measures were implemented by May 12, 2023. To date three months of monitoring have been completed per the Phase II Workplan.

5. Approved a funding 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 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 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 in the amount of $2,919,248 was executed administratively under the authority granted by the subject resolution.

7. Construction work has begun. Progress to date includes completing backfill of overflow structure at the south wetland, and substantially completing backfill of the reservoir and stockpile management. Construction work has begun adjacent to the Bandini Channel.

8. Methane gas monitoring has begun and four months of sampling have been completed.

The completed sampling results are scheduled to be submitted to the LEA in January 2024. There are 16 probes throughout the 7-acre site. One probe has detected traces of methane, however, theat amountis below regulatory requirements.

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 3 11
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 ("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 1) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe Cle-an 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
Caltrans $5,000,000
Rivers and Mountains Conservancy Funds $4,404,798 TPL Private Donations $90,000
Total $30,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 12
Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, STATE 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 Pro5ect 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 irnrnediately 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"); 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; and

J'a
13 WHERF,AS, 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 Surnrnary of Site Investigation, and the City continues to address the requirements imposed by the County.

NOW, THEREFOR, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL OF

THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKES 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; and

4. 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, and the City continues to address the requirements imposed by the County.

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 § 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 justi:tying 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.

14 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-fi:tths vote of the Council.

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 24'h day of October 2023.

CITY OF SOUTH GATE:

B)7:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

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

Raul F. Salinas, City Attorney

15 Item No. 2
CITYMAf4Ap!R'$ OFFICE
OCT i -j 2023
(p:@0(irV' City of South Gate

CITY COUNCIL

AGENDA BNLL
For the Regular Meeting of: October 24, 2023
Department Director:

Originating Department:

Darren Arakawa "\
Chris Je,ffers
SUBJECT: RESOLUTION APPROVING AGREEMENT NUMBER 23-APP46 WITH

THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE

CONTROL FOR GRANT FUNDS TO PARTICIP ATE IN THE GRANT ASSISTANCE PROGRAM FOR FY 2023-24
PURPOSE: To approve Agreement Number 23-APP46 with the Department of Alcoholic Beverage Control ("ABC") which provides grant fiinds to participate in the Grant Assistance Program ("GAP") for Fiscal Year 2023-24.

RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a Resolution approving Agreement Number 23-APP46 accepting grant funds in the amount of $34,455 from the State of California Department of Alcoholic Beverage Control to participate in the ABC GAP for ABC enforcement and compliance for Fiscal Year 2023/24;
b. Appropriating $34,455 in the Fiscal Year 2023-24 Budget under Fund 231 Law Enforcement Grants and increasing grant revenue by the same amount; and c. Authorizing the Chief of Police to execute the Grant Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund and no matching fund requirements. The total amount of the grant awarded to the City is $34,455.

ANALYIS: The proposed Agreement Number 23-APP46 ("Grant Agreement") was explored to allow the Police Department to participate in the GAP which provides additional fiscal resources for ABC enforcement and compliance.

BACKGROUND: The South Gate Police Department is committed to enhancing current levels of enforcement, public education and outreach regarding ABC-licensed establishments and issues associated with alcohol sales. South Gate Police Officers will work in partnership with ABC investigators to implement the objectives of the Young Adults and Alcohol Project, including sting operations, conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies inspections (IMPACT), and prevention and education programs that educate licensees how they can be part of the solution to reduce alcohol-related crimes. Additional goals include Licensee 1 16
Education on Alcohol and Drugs (LEAD) training, voluntary prevention and education programs for retail licensees and their employees, and outreach efforts to increase public awareness of ABC's rules, regulations and enforcement activities.

ATTACHMENTS: A. ProposedResolution
B. ABC Grant Agreement
2 17

ATT ACHMENT A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ,'(NGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AJ'PROVING AGREEMENT NUMBER 23-APP46 ACCEPTING GRANT FUNDS IN THE AMOUNT OF $34,455 FROM THE

STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC

BEVERAGE CONTROL TO PARTICIPATE IN THE ABC GAP FOR ABC ENFORCEMENT AND COMPLIANCE FOR FISCAL YEAR 2023/24 WHEREAS, the City of South Gate ("City") desires to undertake the Grant Assistance Program ("GAP") administered by the State of California Department of Alcoholic Beverage Control ("ABC") in the amount of $34,455 for the program term of July 1, 2023, through and including June 30, 2024;
WHEREAS, the South Gate Police Department will work in association with ABC Investigators to implement the objectives of GAP including sting operations, prevention and education programs that educate licensees on how they can be part of the solution to reduce alcohol related crimes;
WHEREAS, the grant award to the City is $34,455, of wich $31,455 is to be used to pay oveitime expenses for sworn Police Officers to be deployed for enforcement activities witin the City for Fiscal Year 2023/24, and the remainder of $3,000 will be used for operating expenses and equipment; and
WHEREAS, the City will comply with all administrative requirements of GAJ' to facilitate receipt of the City's share of funds, and the City will submit all required documentation in a timely manner.

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. The City Council does hereby approve Agreement Number 23-APP46 attached hereto as Exhibit "A" accepting grant funds in the amount of $34,455 from the State of California Department of Alcoholic Beverage Control for ABC enforcement and compliance for Fiscal Year 2023/24.

SECTION 3. The City Council does hereby authorize the Chief of Police to execute the Agreement Number 23-APP46 in a form acceptable to the City Attorney

18 SECTION 4. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED tis 24'h day of October 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
ul F. Salinas, City Attorney

19 ATT ACHMENT B
Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

EXHIBIT A

SCOPE OF WORK

1. SCOPE OF WORK
* Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets. * Contractor agrees to implement ABC's Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2023 through June 30, 2024.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both "On-Sale" and "Off-Sale" licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at "Off-Sale" licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee's on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at "On-Sale" and "Off-Sale" licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least five (5) Minor Decoy operations.

2. Conduct at least five (5) Shoulder Tap operations, including the Statewide Shoulder Tap operation conducted by ABC.

3. Conduct at least two (2) IMPACT operations.
5 20

4. Participateinatleastone(1)Communitymeeting.

Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

5. Conduct at least three (3) Roll Call trainings to include TRACE program.

6. Conduct at least two (2) multi-agency task force to target disorderly locations.

7. Announce and distribute flyers to notify of LEAD classes.

8. Provide press/social media releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

9. Contractorwillfax(916)419-2599oremaileachpressreleasetotheDepartment'sPublic Information Officer (pio($abc.ca.qov) as soon as it is released.

10. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: "This project is part of the Department of Alcoholic Beverage Control's Alcohol Policing Partnership."
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 1 5'h of the following month.

Ill. PROJECT REPRESENT ATIVES
The project representatives during the term of this agreement will be:

South Gate Police Department
Sam Brown, Lieutenant
8620 California Avenue
South Gate, CA 90280
(323) 816-6687
sbrown(Qsoqate.orq
Direct all fiscal inquiries to:

South Gate Police Department
Kristopher Ryan, Director of Admin. Services
8650 California Avenue
South Gate, CA 90280
(323) 563-9523
kryanpsoqate.orq
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
Brandon.shotwell(Qabc.ca.qov
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Kristine.okinopabc.ca.qov
21 Agreement Number 23-APP46
City of South Gate through the South Gate Police Department

EXHIBIT B

BUDGET DET AIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT
For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. * Invoices shall clearly reference this contract number (23-APP46) and must not exceed the contract total authorized amount of $34,455.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
* Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2023.
* Contractor understands in order to be eligible for reimbursement; cost must be incurred on or affer the effective date of the project, July 1, 2023 and on or before the project termination date, June 30, 2024. * Revisions to the "Scope of Work" and the "Budget Detail" may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. * Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
* Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.

Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. * Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.
22 II. BUDGET DET AIL
Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

COST CATEGORY TOT AL COST
A. Personnel Services
Overtime
Officers, Sergeant
Benefits - 1.45%
TOTAL Personnel
$31 ,005.00
$450.00
$31,455.00
B. Operating Expenses (receipts required)
Buy Funds
TOTAL Operating
$500.00
$500.00
C. Equipment (receipts required, must be purchased by I 2/31 ) Laptop
Binoculars
TOTAL Equipment
$2,000.00
$500.00
$2,500.00
D. Travel Costs
n/a
TOTAL Travel
$0.00
$0.00
GRANT TOT AL $34,455.00
823
Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

Ill. BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. * If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE
@ Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.
24 Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has beenobtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole orin part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years affer final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR.: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of theState. 25 Agreement Number 23-APP46
City of South Gate through the South Gate Police Department

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.

Code Regs., tit. 2, §1 1000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATIONCLAUSES:TheCONTRACTORCERTIFICATIONCLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS:TimeisoftheessenceinthisAgreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, includinq travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by siqninq this aqreement hereby certifies that if these services or qoods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. 26 Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

a. The Government Code Chapter on Antitrust claims contains thefollowing definitions:
1 ) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 u.s.c. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
27 Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1 ) the total amount the prime Contractor received under the Contract; (2) the name and addressof the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 1 0344(e).) 28 Agreement Number: 23-APP46
City of South Gate through the South Gate Police Department

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or paymenUinvoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2023, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dqs.ca.qov/OLS/Resources/Paqe-Content/Office-of-Leqal-Services- Resources-List-Folder/Standard-Contract-Lanquaqe

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.
29 (TO BE COMPLETED BY APPLICANT AGENCY

ST ATE OF CALIFORNIA
Department of Alcoholic Beverage Control
Alcohol Policing Partnership Program

PROPOSAL COVER SHEET

1. Name of Applicant Agency: South Gate Police Department

2. Description of Applicant Agency: Provide your city Or county jurisdiction, and include population data, cind relevant demographic and socio-economic characteristics of the community.

The South Gate Police Department is a full service police department providing public safety service to the City of South Gate. It consists of 82 sworn officers and 45 civilian support staff employees. The sworn personnel include a Police Chief, 2 Captains, 5 Lieutenants, 11 Sergeants, 12 Detectives, and 51 patrol officers. The Soi_ith Gate Police Department is subdivided into 3 Divisions; Patrol, Administration, and Services Divisions. Each Division contains specialty assignments such as Crime Impact Team, Narcotics, Detective Bureau, SWAT, K9 and Traffic.

3. Number of licenses in Project Area: 121 4. Tax ID: 956000827

5. Funds Requested: $ 34,455.00 6. Project Period: July l, 2023-June 30, 2024

7. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibility to comply with all requirements stated in the Request for Proposals. The applicant understands that ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contract
A. Project Director
Person with Day-To-Day Responsibility for the Project B. Sheriff or Chief of Police
Authorizing Official
Nome: Sam Brown
Address: 8620 California Ave
South Gate, CA 90280
Phone: (323) 816-6687
Email Address: [email protected]
Title: ,Lieutenant
Name.' Darren Arakawa
Address: 8620 California Ave
South Gate, CA 90280
Phone: (323) 563-5408
Email Address: [email protected]
Title: Chief of Police
S:gnulut7x i(f4 Signatuie. 5 _,A ,rQ=
u
C. Fiscal or Accounting Official D. ABC USE ONLY
%(yylB; Kristopher Ryan
AddreSS: 8650 Calfforn!a AVe
South Gate, CA 90280
Phone: (323) 563-9523
Email Address: [email protected]
T!+le: Director of Admininistrative Services
//)"
Signature: .4 H< _";tz_-t)
30 SCOPE OF WORK
ISummary
The South Gate Police Department is a full service police department providing public safety service to the City oT South Gate. It consists of 82 sworn officers and 45 civilian support staff employees. The sworn personnel include a Police Chief, 2 Captains, 5 Lieutenants, II Sergeants, 12 Detectives, and 52 patrol officers. The South Gate Police Department is subdivided into 3 divisions; Patrol, Administration, and Services Divisions. Each division contains specialty assignments such as Crime Impact Team, Narcotics, Detective Bureau, SWAT, K9 and Traffic.

The City of South Gate is approximately 7.49 square miles and is located in Southeast Los Angeles County, The approximate population of South Gate is 99,537, According to US Census records the City's demographics is predominantly Hispanic 95%, White 3.5%, Asian 1 %, African American.5%, with a median household age of 30.2. The median household income is $41,851 and has about 20.6% of its population at poverty level. There are a total of 12"l licensed ABC establishments which consist of 53 on-sale 63 off-sale and 5 non retail licenses.

The South Gate Police Department is requesting the amount of $34,455 to enforce alcohol related laws and to enhance the departments and communities education of ABC rules and regulations.

Project Personnel
The South Gate Police Department's ABC grant will operate under the direction and supervision of Lieutenant Sam Brown. Depending on the needs of the detail, the South Gate PD will utilize the specific training and experience of personnel from the Narcotics and Special Problems Unit, Crime Impact Team, Detectives, and Patrol Officers with ABC operations. 16131

SCOPE OF WORK
Problem Statement
The City of South Gate is situated in the southeast area of Los Angeles County. The South Gate Police Department is a municipal police department that provides public safety service to a large community population which is predominately Hispanic. Serious crime involving alcohol is a major concern. The City has ongoing problems associated with ABC licensed establishments failing to check identifications, selling alcohol to minors, selling to obviously intoxicated persons and the Police Department is fighting to reduce DUI's, public intoxication, adults purchasing alcohol for minors, beer runs and house parties that serve alcohol to minors. The South Gate Police Department receives constant complaints of intoxicated adults and/or minors out in public displaying disruptive behaviors such as urinating in public or fighting. ln 2022 the South Gate Police Department made 196 DUI arrests, 415 arrests for individuals who were drunk in public, and responded to a total of 93 DUI related traffic collisions.

The City of South Gate has a substantial Hispanic/ Latino community and diverse culture which is reflected in the demographics of owners and employees of ABC licensed retailers. The department strongly believes that due to the language barrier there is a lack of knowledge of ABC laws, rules and regulations and the licensee and/or their employees are not fully able to adhere to the ABC guidelines.

Therefore, SGPD will conduct LEADS training in both Spanish and English, which should reduce the sales to minors and adherence to ABC guidelines, in addition increase the quality of life issues of the community. Alcohol establishments, regardless of the type, have been problematic to law enforcement, especially in communities with many establishments located within or in close proximity to residential areas. The owners and employees of these establishments are prone to sel) alcohol to underage individuals because of the high demand and potential for profit. 32 SCOPE OF WORK
PrOject Description section1of2
The South Gate Police Department last received an ABC grant during the 2020-202"l ABC grant period.

During the time period that the department had the ABC grant it has seen a decrease in overall alcoho! related crimes, it is be!ieved that it is part due in part to the success of the ABC grant details, The South Gate Po!ice Department continues to respond to a high volume of ca(Is for service related to ABC licensed establishments. These calls for service put a strain on the limited manpower resources, The vast majority of these calls for service occur during peak demand for police service and consist of general disturbances, noise complaints, assaults, and suspicious incidents as a result of intoxicated iindividua)s. These calls predominately occur during the later hours of operation and involve as least one or more persons under the influence of alcohol. Due to frequent encounters with extremely intoxicated and belligerent patrons at the scene of these investigations, it is strongly suspected that the establishments are contributing factors to these criminal investigations possibly due to over serving alcohol and exceeding maximum occupancy of their establishments. In addition, several off-sale establishments have experienced reports of gang activity, assaults, public urination, loitering, drinking in public,noise complaints, and public drunkenness on site requiring police response.

Goals:

1. Identify and target problematic ABC licensed establishments.

2. Develop and implement a multi-agency task force concept (involving ABC, Labor Law, Health Department, code enforcement, etc.) to target disorderly locations,

3.Develop and implement an ongoing standard operating ABC enforcement procedure and training program within the agency.

4.Conduct 2 Task Force operations targeting disorder[y-licensed premises. 5, Prepare a written evaluation of the existing system of transmitting arrest reports involving licensees to the ABC (as required by Section 24202 Business & Professions Code).

6. Implement a new/improved system of transmitting arrest reports by thirty days.

7. Conduct at least 5 Minor Decoy operations.

8. Conduct at least 5 Shoulder Tap operation.

9. Provide roll cali training on alcohol-related issues for all sworn personnel on a regular and continuat basis. This will be done monthly in conjunction with a DUI hot)ist which is required by the Office of Traffic ' Safety.

10. Coordinate and conduct 2 IMPACT (Informed Merchants Preventing Alcohol- Related Crime Tendencies) Operations.

I I.Schedule and coordinate I LEAD (Licensee Education on Alcohol and Drugs) Class. 12, Develop a policy and procedure to inform citizens in our community about this project and give periodic updates on the status and accomplishments of the project. 13, !ssue 3 press releases regarding the grant and/or the activities conducted under the grant.

The South Gate Police Department's ABC grant will operate under the direction and supervision of Lieutenant Sam Brown. Depending on the needs of the detail, the South Gate PD will utilize the specific training and experience of personnel from the Narcotics and Special Problems Unit, Crime Impact Team, Detectives, and Patrol Officers with ABC operations.
18 33

SCOPE OF WORK
Project Description section 2 or 2
BUDGET:

Task force operations 2x (1 Sergeant, 4 0fficers @ a total of $430 an hour for 5 hours= $2,1 50)=$4,300 , Minor Decoy operations 5x(1 Sergeant, 4 0fficers @ a total of $430 an hour for 5 hours= $2,1 50)= $10,750
Shoulder Tap operation 5x(I Sergeant, 4 0fficers @ a total of $430 an hour for 5 hours=- $2,1 50)= $10,750
IMPACT operation 2x (I Sergeant, 4 0fficers @ a total of $430 an hour for 5 hours=- $2,150)=$4,300 LEAD c(ass lx(2 officers @ a total of $181 an hour for 5 hours= $905)=: $905 'Total cost of operations: $31,005
Benefits @ $20,255 @ 1.45% = $450
Operating Expense:

Buy Fund = $500
Equipment:

Laptop = $2000
Binoculars = $500
Other Funding Sources:

The South Gate Police Department participates in the Office of Traffic Safety STEP grant. With this grant the South Gate Police Department participates in DUI check points, DUI enforcement, and Dul education. 19 34

SCOPE OF WORK
Additional Information
I
I
20 35

BUDGET DETAIL WORKSHEET
A. Personnel Servlces
Sa)arles
Classification/Positions
l N/A
2 3
Overtime
Classification/Positions
Computation
SuBTOTAL
Computation

SUBTOTAL
Benefits
Classification/Positions
2 3
4 5
B, Operafing Expenses and Equipment
Operafing Expenses"
Description
l Bu Fund
2 %ax[mum of $2,500.00
Operating Expensesl
Description
1 Laptop
2 Binoculars
3 "maximum of $2,500.00
Computation

SUBTOTAL
Compufotton
SUiBTOTAL
Computation

SUBTOTAL
Computation
C, Travel Expenses '
Description
-l
-l
-I
-l
II
II
II
II
'APP Conference only. All travel cannot exceed current state rates. SUBTOTAL Total Cost
m
m
m
Total Cost
l
ffi
m
Total Cost
Total Cost
Total Cost
[Hffil
l
GRANTTOTAL !
36 OTHER FUNDING SOURCES
Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of t'he contract. In the "Grant Funds" column, report the ABC funds requested by category. In the "Other Funds" column, report all other funds avoilable to support the project by category (if none, leave blank), Then calculate the tofo]s by category in the "Program Total" column. Total each column down to arrive at the total program funds available.

Note: Round all budget amounts to the nearest dollar-no cents.

Budget Category Grant Funds Other Funds Program Total A, Personnel Services
B. Operating Expense
C, Travel/Registration Fees
D. Equipment
$0
$0
$0
$0
TOT 415 $0 $0 $0
This form does not become part of the contract but is required in the Request for Proposa! package.
'Disclaimer-Please complete only if your department will contribute funds. 37 CITYMANAGER'S DFFJCE Item No. 3
Ocr i 7 2023
ro %hvx City of South Gate

CITY COUNCIL
AGENDA BII[LL
For the Regular Meeting o'f: October 24, 2023
Originating Department: Human Resources
Human Resources Director:

SUBJECT: RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY

RESOLUTION AND POSITION CLASSIFICATION PLAN) TO APPROVE THE

UPDATE TO THE JOB CLASSIFICATION SPECIFICATION FOR THE POSITION OF

CODE ENFORCEMENT SUPERVISOR IN THE DEPARTMENT OF COMMUNITY

DEVELOPMENT
PURPOSE: ToapprovetheupdatetothejobclassificationspecificationforthepositionofCode Enforcement Supervisor in the Department of Community Development.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to approve the update to the job classification specification for the position of Code Enforcement Supervisor in the Department of Community Development.

FISCAL IMPACT: The updating of the job classification specification of the Code Enforcement Supervisor will not result in any additional impacts to the 2023/2024 Fiscal Budget.

ANALYSIS: None.

BACKGROUND: The City must, from time to time, add, remove, reclassify, or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the City's workforce. In response to these changing needs and demands, job classification specifications must be amended to more closely match the tasks which need to be performed by employees in the City's various departments.

The proposed updates to the job classification specification for Code Enforcement Supervisor are relatively minor, but ensure that the position is aligned with the Code Enforcement Officer, the positions the Code Enforcement Supervisor oversees. Specifically, the updates include the clarification that the Code Enforcement Supervisor will plan, direct, and participate in the investigation of potential violations and enforcement of municipal codes, ordinances, standards, and health and safety regulations involving illegal uses of private property or public right-of-way.

Also, the update includes the minimum qualification that the employee's last two years of recent 1 38
experience include some lead or supervisory responsibility. These changes provide better clarification to the next incumbent as to the expectations of the position as well as assists in attracting the most desired candidates for the position, which has been vacant since August 25, 2023.

Human Resources staff worked with the Department of Community Development to update the changes to the job classification specification for Code Enforcement Supervisor. Staff also corresponded with the Professional Mid-Management Association (PMMA) Board Members to meet and confer in good faith regarding these proposed changes and they agree with the updates to the job classification specification.

ATTACHMENT: Proposed Resolution (including job specification) 2 39
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA
RF,SOLUTION AMENDING RESOLUTION N0. 6454 (SALARY RESOLUTION

AND POSITION CLASSIFICATION PLAN) TO APPROVE THE UPDATE TO

THE JOB CLASSIFICATION SPECIFICATION FOR THE POSITION OF

CODE ENFORCEMENT SUPERVISOR IN THE DEPARTMENT OF

COMMUNITY DEVELOPMENT
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be performed by employees in the City's various departments; and
WHEREAS, the City desires to approve the updates to the job classification specification for the position of Code Enforcement Supervisor in the Department of Community Development.

NOW THEREFORE, 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. The City Council hereby approves and adopts the proposed amendments to Resolution No. 6454 (Salary Resolution and Position Classification Plan) to approve the updates to the job classification specification for the position of Code Enforcement Supervisor SECTION 3. The City Council hereby approves and adopts the proposed job specifications for Code Enforcement Supervisor, attached hereto as Exhibit "A." [Remainder of page left blank intentionally.]

40 SECTION 4. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 241'l day of October 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

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

Raul F. Salinas, City Attorney
Page2of2
41 Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

CODE ENFORCEMENT SUPERVISOR

DESCRIPTION
Under direction, supervises, coordinates, directs, evaluates and participates in the City's code enforcement activities, including investigating conditions, initiating procedures and providing educational programs to abate violations involving zoning ordinances, building codes, housing codes, public nuisances, property maintenance, abandoned vehicles, animals, license regulations and other issues relating to the health, safety and welfare of the community for public and private residential, commercial and industrial property; assists with the research, development and implementation ofpolicies and procedures to ensure timely and accurate completion of work assignunents in compliance with local and state regulations and codes; serves as a technical resource for assigned staff; perforins other related duties as required.

CLASS CHARACTERISTICS
This class oversees day-to-day code enforcement activities, including complex inspections, citing violators and initiating court proceedings for cotnpliance as it relates to abandoned vehicles, property maintenance, weed abatement, business and occupancy inspections, and signage. This classification is distinguished from the next higher classification of Building Official in that the latter administers the City's building and safety and code enforcement functions.

SUPERVISION RECEIVED
Receives direction from the Building Official, Community DevelopmentDirector and/or other assigned staff.

STJPERVISION EXERCISED
Exercises direct and indirect supervision over assigned technical and support staff.

ESSENTIAL FUNCTIONS
Essential functions may include any of the following representative duties, 7cnowledge, and skills.

This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties that are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, butare not limited to, the following:

Supervises, plans, and schedules the work of staff responsible for providing code enforcement services.

Plans, directs, and participates in the investigation of potential violations and the enforcement of municipal codes, ordinances, standards, and health and safety regulations involving illegal uses of private property or public right-of-way; documents violations by securing photographs and other pertinent data; researches ownership records, prior complaints, municipal codes and ordinances, and state regulations to establish whether a violation has occurred.

Maintains own caseload apart from cases handled by other Code Enforcement Officers.

Assures that assigned areas of responsibility are consistent with local, State, and Federal regulations; stays current on related policies, regulations and trends. 5 42
CODE ENFORCEMENT SUPERVISOR cont'd 2
Participates in the development of policies and procedures; develops and recommends programs and projects to higher-level personnel.

Participates in the selection and training of maintenance personnel; assumes responsibility for motivating and evaluating assigned personnel; provides necessary training; initiates discipline procedures as is appropriate.

Directs, coordinates, and conducts follow-up abatement procedures including the preparation of additional correspondence, site visits, and communication with property owners and attorneys; conducts follow-up investigations to ensure compliance with applicable codes and ordinances; prepares non-compliance cases for legal action; presents testimony at hearings.

Researches and evaluates new legislation relative to the assigned area of responsibility.

Answers questions and provides inforination to staff and the public; investigates complaints and recoini'nends corrective action as necessary to resolve code violations and complaints.

Participates in preparing and administrating the department's budget; monitors and controls expenses; prepares budget objectives and perforinance measures for the code enforcement program.

Verifies work of assigned employees for accuracy, proper work methods, techniques, and compliance with applicable standards and specifications; ensures adherence to safe work practices and procedures.

Responds to public inquiries and complaints in a courteous manner; provides information to violators, the general public, business community, and other government agencies regarding codes, laws, and ordinances; resolves complaints in an efficient and timely maru'ier; refers complaints to other City departments for action as necessaty.

Maintain absolute confidentiality of work-related issues, documents, records and materials pertaining to City employees, officials, agents and others.

Represents the City at professional meetings and conferences.

Perforins the full range of Code Enforcement Officer duties.

Perfonn related duties as assigned.

OUALIFICATIONS
Training and Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary. A typical way to obtain the knowledge and skills would be: graduation from high school or equivalent, and two (2) years of college-level course work, AND five (5) years of increasingly responsible experience in community preservation, housing inspections, or code enforcement, including some lead or supervisory responsibility in the most recent two years.

License Requirement
Possession of a valid California Class C Driver's License, proof of insurance, and a satisfactory driving record is required at appointment and throughout employment in this position. Possession of a Penal Code (p.c.) 832 certification is required. Possession of certification as a Certified Code Enforcement Officer (CCEO) issued by the California Association of Code Enforcement Officers (CACEO) is required. Completion of supervisory training through CACEO or a similar organization is highly desirable.
6 43
CODE ENFORCEMENT SUPERVISOR cont'd 3
Knowledge, Skills, and Abilities
Knowledge of: Operations, services and activities of a municipal code enforcement prograin; Principles, practices, methods and techniques of code enforcement; Principles and practices of supervision, training, discipline, and perforinance evaluations; Pertinent local, state and federal laws, codes, ordinances and rules; including but not limited to Uniforin Housing Code, International Property Maintenance Code, California Building, Plumbing, Mechanical and Electrical Codes; Courtroom, citation, warrant, and abatement procedures; English usage, spelling, vocabulary, grammar, and punctuation; Basic budgeting methods and practices; Common word processing, spreadsheet and database management software applications; Safe driving principles and practices.

Skill and Ability to: Prepare comprehensive case documentation required for code enforcement purposes; Prepare correspondence related to code violations; Communicate clearly and effectively, both verbally and in writing; Use sound independent judginent within established policy and procedural guidelines; Interpret and explain pertinent code enforcement and related department policies and procedures; Develop and recommend policies and procedures related to assigned operations; Make oral presentations; Work the hours required to perforin the duties of the job which may include working evening hours and weekends; Perforin the physical aspects of field inspections; Manage sensitive and confidential issues; deterinine and implement appropriate courses of action in stressful situations; Establish and maintain effectiveworkingrelationships withthose contacted inthe course of work; Respond to inquiries, complaints, and requests for service in a fair, tactful and firm manner; Ability to fluently speak, read, and write Spanish is highly desirable.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM:

An incumbent appointed to this position is subject to enrollment in the Califomia DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations coveig theuse of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work envirorunent described here are representative of those that must be met by anetnployeetosuccessfullyperformtheessentialfunctionsofthisjob. Reasonableaccommodationsmaybe tnade to enable individuals with disabilities to perforin the essential functions. While perforining the duties of this job, the employee is frequently required to walk, sit and talk orhear and may stand and drive for extended periods of time. The employee is occasionally required to use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, bend, stoop, kneel, crouch or crawl, push and pull drawers open and closed. The employee must occasionally lift and/ormoveup to 35 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. The noise level in the work environment is usually quiet in the office and moderately loud when outdoors. Incumbents are occasionally exposed to outside weather conditions, traffic, dust, gas, fumes and chemicals.

CODE ENFORCEMENT SUPERVISOR
Created 05/12/15
Updated 10/10/23
7 44
CITYMANAGER'S OFFICE Item No. 4
OCT i 7 2023
City of South Gate

CITY COUNCIL

AGENDA BULL
For the Regular Meeting of: October 24, 2023
Originating Department: Human Resources
Human Resources Director: Ul/J7 Marxager:

Chri,; Je.ffers
SUBJECT: RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY

RESOLUTION AND POS ON CLASSIFICATION PLAN) TO APPROVE THE

RETITLING OF THE TRANSPORT ATION SUPERVISOR POSITION IN THE PARKS

AND RECREATION DEPARTMENT TO THE TRANSPORTATION PLANNING

MANAGER, APPROVE THE UPDATED CLASSIFICATION SPF,CIFICATION FOR

THE POSITION OF TRANSPORTATION PLANNING MANAGER, AND APPROVE

THE UPDATED TO THE SALARY RANGE FOR THE TRANSPORT ATION PLANNING

MANAGER TO THE CONSOLIDATED PAY TABLE
PURPOSE: To retitle the Transportation Supervisor position in the Parks and Recreation Department to Transportation Planning Manager, update the classification specification for the Transportation Plaru'iing Manager, and update the salary range for the Transportation Plaru'iing Manager on the City's Consolidated Pay Table.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) to approve the following actions:

I) Retitle the Transportation Supervisor position in the Parks and Recreation Department to Transportation Planning Manager;
2) Update the classification specification for the position of Transportation Planning Manager; and
3) Update the salary range for the Transportation Planning Manager on the City's Consolidated Pay Table.

FISCAL IMPACT: Approving the job classification specification for the Transportation Plaru'iing Manager will cause an increase of approximately $2,500 annually. No additional appropriations are needed for Fiscal Year 2023/24 due to salary savings from this position being vacant.

ANALYSIS: None.

BACKGROUND: The City must, from time to time, add, remove, reclassify, or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position 1 45
Classification Plan to satisfy the changing needs and demands of the City's workforce. In response to these changing needs and demands, job classification specifications must be amended to more closely match the tasks which need to be performed by employees in the City's various departments.

The City has been recruiting continuously for the position of Transportation Supervisor position, initially created in March 2022, and it has not been able to fill the position with a viable candidate.

As a result, the City engaged with MRG Consultants to evaluate the position and determine whether the position was fairly priced. As a result of working with MRG, it was determined that the position title should be changed to more accurately reflect the type of work the incumbent would perform and to adjust the pay slightly higher. Additionally, some updates were also made to the job classification specification to ensure the expectations of the position were clearly communicated and articulated. Additionally, a salary survey revealed that the position should be compensated slightly higher than its current offering, or from a Pay Grade 617 ($7,220 to $8,776 per month) to Pay Grade 619 ($7,361 to $8,947 per month).

The Transportation Planning Manager will provide highly professional and analytical work in the development, administration, planning, and evaluation of a wide range of transportation programs and community activities. To accomplish these duties, the incumbent will be skilled in grant writing and be highly competent in the review, planning, and designing of transportation and transportation-related projects. The Transportation Plaru'iing Manager will interact with various County, State, and Federal agencies regarding transportation issues within the City. The incumbent will also be responsible for the supervision of staff and performing duties in support of the Department of Parks and Recreation.

Human Resources staff worked with the Department of Parks and Recreation to update the changes to the job classification specification for Transportation Planning Manager. Staff also corresponded with the Professional Mid-Management Association (PMMA) Board Members to meet and confer in good faith regarding these proposed changes, and they agree with the updates to the job classification specification.

ATTACHMENT: Proposed Resolution (including job specification and Consolidated Salary Schedule)
2 46
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY

RESOLUTION AND POSITION CLASSIFICATION PLAN) TO

APPROVE THE RETITLING OF THE TRANSPORTATION

SUPERVISOR POSITION IN THE PARKS AND RECREATION

DEPARTMENT TO THE TRANSPORTATION PLANNING MANAGER,

APPROVE THE UPDATED CLASSIFICATION SPECIFICATION FOR

THE POSITION OF TRANSPORT ATION PLANNING MANAGER, AND

APPROVE THE UPDATE TO THE SALARY RANGE FOR THE

TRANSPORT ATION PLANNING MANAGER TO THE CONSOLIDATED

PAY TABLE
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be perfornned by employees in the City's various departments; and
WHEREAS, the City desires to retitle the Transportation Supervisor in the Parks & Recreation Department to Transportation Planning Manager; WHEREAS, the City desires to approve the updates to the job classification specification for the position of Transportation Planning Manager; WHEREAS, the City desires to approve the adjustment of the salary pay table to add the respective salary range and the salary pay table for the Transportation Planning Manager; and WHEREAS, the Professional Mid-Management Association is in agreement with the retitling of the Transportation Supervisor to Transportation Plaru'iing Manager, the update to the job classification specification for Transportation Plaru'iing Manager, and the salary range for the Transportation Planning Manager.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RF,SOLVE 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. The City Council does hereby approve the retitling of the Transportation Supervisor in the Parks and Recreation Department to Transportation Planning Manager.

Page l of 2
47 SECTION 3. The City Council hereby approves and adopts the proposed amendments to Resolution No. 6454 (Salary Resolution and Position Classification Plan) to approve the updates to the job classification specification for the position of Transportation Planning Manager.

SECTION 4. The City Council hereby approves and adopts the proposed job specifications for Transportation Planning Manager, attached hereto as Exhibit "A." SECTION 5. The City Council hereby does approve and adopt tlie proposed Consolidated Pay Table attached hereto as Exhibit "B."
SECTION 6. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 24"' day of October 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

B:!/:

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

F. Salinas, City Attorney

48 Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

TRANSPORTATION PLANNING MANAGER

DESCRIPTION
Under direction of the Director of Parks and Recreation or the Deputy of Director of Parks and Recreation, provides highly responsible professional and analytical work in the development, administration, planning, and evaluation of a wide range of transportation programs and community activities; writes grants; reviews, plans, and designs transportation projects; interacts with County/State/Federal agencies regarding transportation issues within the City; supervises staff, and perforrns related transportation duties and duties in support of the Department of Parks and Recreation as required

CLASS CHARACTERISTICS
The Transportation Planning Manager position is an advanced, mid-management classification. This class is distinguished from the Management Analyst by the performance of independent and complex tasks and duties. Positions at this level are generally assigned responsibility for the management and administration of significant programs, projects, functions, and/or service areas and incumbents at this level are to independently perforxn the difficult and responsible financial, systems, statistical, programmatic, management, and/or other administrative analyses in providing highly responsible staff support to the Department of Park and Recreation. This position has the responsibility for the management of assigned areas, preparation of a division- level budget, oversight of assigned staff, coordination of transportation infrastructure, and supervision of community service activities. Assignments are typically received in broad, outline form, and incumbents are expected to act independently in developing applicable resources and infornnation.

SUPERVISION RECEIVED
Works under the supervision of the Director of Parks and Recreation or Deputy Director of Parks and Recreation.

SUPERVISION EXERCISED
Supervises recreation coordinators, recreation specialists, transportation staff, part-time recreation staff, seasonal employees, and volunteers, as assigned.

ESSENTIAL FUNCTIONS
Essential functions may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. Essential duties and responsibilities may include, but are not limited to, the following:

Under direction of the Parks and Recreation Department, provides support on complex matters such as administration, budget, staffing, contract procurement, regulatory policies, policy development, strategic planning, operational audits, standard operating procedures, public outreach material and grants. Prepares detailed and comprehensive written reports and studies, staff reports, presentations, resolutions, ordinances, contracts, memorandums and correspondence as required.

Supports management to organize and plan for the staffing needs such as developing job specification, coordinating recruitments, overseeing certification and performance evaluation status, coordinating claims, and compliance with Human Resources Programs.

Provides oversight and support on contract procurement, such as, preparing Requests for Proposals and administering and participating in consultant selection process; contract development and financial analysis; 5 49
TRANSPORTATION PLANNING MANAGER (Cortir.)
establishing protocols for contract expenditures; and administering professional or maintenance services contracts as assigned.

Conducts audits to assess perforinance of the Parks and Recreation Department in meeting goals for level of service, financial and budgetaiy, staffing, programs compliance and reporting. Evaluates and streamlines processes.

Reviews and provides recommendations to improve departmental operating efficiencies.

Organizes and supervises City transit related activities; identifies and implements procedures to improve transit service effectiveness and efficiency.

Develop, write and submit grants to various agencies and non-profits related to the City's transportation goals.

Participates in City, other governmental and community meetings related to transit operations; conducts transit program/activities with community and school groups; communicates plans, policies and procedures to various groups and the general public.

Oversees city contracts regarding transportation; directs city transportation services.

May be assigned to represent the City at various local, regional and other goveriunental transportation entities.

Prepares promotional materials and engages in publicity activities to increase awareness and ridership on transit systems.

Manages transit and ridership data collection; compiles information and prepares transit program activities reports; maintains related records.

Implements regulatory and program changes; advises City staff, contractors and community groups and assists with modifications to procedures and policies, as needed.

Develops project and program budgets and planning documents for projects. Resolves availability and quality of service problems; and analyzes or assesses seivice needs.

Performs a variety of tniscellaneous duties such as answering phones, typing correspondence, and other duties needed to assist the depaitinent.
0UALIFICATIONS
Any combination of education and/or experience that has provided the la'iowledge, skills, and abilities necessary.

A typical way of obtaining the knowledge and abilities would be:

Education and Experience
Bachelor's degree in urban and regional planning, transportation planning, economics, political science, business/public administration, or closely related field. Five years of professional experience that includes policy analysis, program development and impleinentation tasks relating to multi-modal transportation planning, bicycle/pedestrian safety and federal, state, and local reporting and grant writing. Two years of supervisory experience is highly desirable.

License Requirement
Possession of a valid California Class C driver's license and a satisfactory driving record is required throughout employinent in this position. English/Spanish bilingual skills are highly desirable.

Knowledge, Skills and Abilities
6 50
TRANSPORTATION PLANNING MANAGER (Con'r.)
Knowledge ofi the principles, practices and trends of public or business administration; research, statistical analysis, and report preparation; financial and statistical analysis and research techniques; organization and functions of the Parks and Recreation Deparhnent and municipal governinent overall; principles of accounting and auditing; evaluation techniques and organizational principles; applicable federal, state and local laws, codes, and regulations; methods and procedures of budget preparation; laiowledge of maintenance management systems and services request systems; knowledge of public funds and grant programs; modern office practices, procedures and equipment, including word processing and computer applications (Word, Microsoft Outlook, Excel, PowerPoint, etc.); theories, principles, and practices of transportation planning; rules and regulations of federal, state and local transit requirements; public relations and marketing techniques; methods for identifying community needs; principles and practices of customer service and public contact; principles of supervision, training, and performance evaluation; first aid methods and safety practices related to transportation program planning and evaluation.

Skill and Ability to: plan, organize, protnote, and implement transportation programs, and grants; analyze, interpret, and explain department policies and procedures; exercise sound judgirient; deal constnictively with conflict and develop effective resolutions; supervise assigned staff, meet the public in situations requiring diplomacy and tact; perform specialized administrative tasks; conduct research, perforin analysis, and prepare and present reports of findings; work independently; interpret and apply related laws, ordinance, and policies; follow oral and written directions; evaluate the work of others; use computer and related software; communicate effectively both orally and in writing; and establish and maintain effective working relationships with others.

Efficient oral and written comtnunication. Research, interpret, apply, and explain rules, regulations, policies and procedures related to assigned work fiinction. Strong analytical, financial and collaborative skills. Ability to clearly communicate complex inforination.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of those that must be met by an employee to successfully perforzn the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perfoim the essential functions. While perforining the duties of this job, the employee is frequently required to walk, sit, and talk or hear. The employee is occasionally required to use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally li:[t and/or move up to 50 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. While performing the duties of this job, the employee frequently works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, toxic or caustic chemicals. The noise level in the work environment is usually quiet while in the office, and moderately loud when in the field. Incumbents are not substantially exposed to adverse environinental conditions.

TRANSPORT ATION PLANNING MANAGER
Created, 10/24/2023
7 51
City of South Gate Exhibit "B"
Consolidated Salary Schedule
Full-Time Classifications (Monthly $")
Effective 10-24-2023
Sub-step Step A Step B Step C Step D Step E
Approved by City Council on 10/24/23 Page 1
8 52
City of South Gate
Consolidated Salary Schedule
Exhibit "B"
Grade unit FLSA Position Title Substep Step A Step B Step C Step D Step E Approved by City Council on 10/24/23 Page 2
9 53
City of South Gate Exhibit "B"
Consolidated Salary Schedule
Grade Llnit FLSA Position Title Substep Step A Step B Step C Step D Step E Approved by City Council on 10/24/23 Page 3
10 54
City of South Gate Exhibit "B"
Consolidated Salary Schedule
Consolidated Salary Schedule
Unclassified Hourly Classifications (Hourly $)
Effective 10-10-2023
Grade Llnit FLSA Hourly Position Step A Step B Step C Step D Step E 900 Hily NE AdministrativeAide $24.37 $25.59 $26.87 $28.21 $29.62 901 HTIY NE BusinessLicenselnspector $30.76 $32.30 $33.92 $35.61 $37.39 922 Htly NE City Hall Receptionist $20.55 $21.58 $22.66 $23.79 $24.98 902 Hily NE Clerical Assistantl $20.22 $21.23 $22.29 $23.41 $24.58 903 Hrly NE Clerical Assistant II $21.89 $22.98 $24.13 $25.34 $26.61 904 hriy NE ClericalAssistantlll $24.93 $26.18 $27.49 $28.86 $30.30 923 HTIV NE 0@dB Enforcement Officer $30.76 $32.30 $33.92 $35.61 $37.39 905 Hrly NE CommunityDevelopmentlntern $25.51 $26.79 $28.12 $29.53 $31.01 924 Htly NE Community Devel0pmentTeChnician II $25.99 $27.29 $28.65 $30.09 $31.59 925 Htly NE CommunityServicesOfficer $24.79 $26.02 $27.33 $28.69 $30.13 925 HTty NE Community Services Officer/Park Ranger $24.79 $26.02 $27.33 $28.69 $30.13 906 Htly NE Computer Information Systems (CIS) Aide $24.19 $25.40 $26.67 $28.00 $29.40 907 Htly NE Computer Information %StemS (CIS) Aide - POliCe $24.19 $25.40 $26.67 $28.00 $29.40 908 Htly NE CourtOfficer $25.59 $26.87 $28.21 $29.62 $31.10 926 Htly NE Customer Service Representative $24.44 $25.66 $26.95 $28.29 $29.71 927 Htly NE Electricianl $26.98 $28.33 $29.75 $31.24 $32.80 928 Htly NE Electrician II $30.64 $32.17 $33.78 $35.47 $37.25 909 Htly NE Engineering Aide $25.51 $26.79 $28.12 $29.53 $31.01 929 Htly NE Equipment Mechanic s:_g.o;_ $30.47 $31.99 $33.59 $35.27 910 HTIV NE FamilyViolence Prevention Specialist $34.68 $36.41 $38.23 $40.15 $42.15 930 hkly NE (37@ql1ds Maintenance Worker $23.23 $24.39 $25.61 $26.89 $28.23 931 Hrly NE Housing Specialist $30.47 $31.99 $33.59 $35.27 $37.03 932 stiy rit_ IntermediateAccountClerk $24.44 $25.66 $26.95 $28.29 $29.71 933 hriy NE IntermediateTypistClerk/OfficeAssistant $23.15 $24.31 $25.52 $26.80 $28.14 911 Hrly NE Intern $15.50 $16.28 $17.09 $17.94 $18.84 993 Hrly NE Lifeguard $17.05 $17.90 $18.80 $19.74 $20.72 912 Hrly NE Maintenance Helper $21.89 $22.98 $24.13 $25.34 $26.61 913 Hrly NE Maintenance SerViCe Worker $27.91 $29.31 $30.77 $32.31 $33.92 914 Htly NE Mechanic Helper $21.89 $22.98 $24.13 $25.34 $26.61 915 Hrly NE Outdoor Power Equipment Mechanic $31.64 $33.22 $34.88 $36.63 $38.46 934 Hrly NE Park FaCili$ieS Maintenance Worker $23.23 $24.39 $25.61 $26.89 $28.23 916 Htly NE PoliceCadet $27.01 $28.36 $29.78 $31.27 $32.83 917 Htly NE PoliceCustodianofRecords $29.48 $30.95 $32.50 $34.13 $35.83 936 Htly NE PoliceOfficer $42.56 $44.69 $46.92 $49.27 $51.73 935 stiy NE Police Records Specialist $24.04 $25.24 $26.50 $27.83 $29.22 918 hriy NE PoliceVehicleServiceAttendant $19.49 $20.46 $21.49 $22.56 $23.69 919 sity NE ProgramAssistant $27.01 $28.36 $29.78 $31.27 $32.83 920 sny NE PublicSafetyOfflcer $22.63 $23.76 $24.95 $26.20 $27.51 939 sny NE RecreationCoordinator $24.99 $26.24 $27.55 $28.93 $30.38 997 htty NE RecreationLeaderl (RecAide,MaintAidel,TutoiAssistant) $15.50 $16.28 $17.09 $17.94 $18.84 996 HTIY NE RecreationLeaderll (RecAttendent,MaintAidell,TutoQ $17.05 $17.90 $18.80 $19.74 $20.72 995 Htly NE Recreation Leader Ill (Cashier,GolTStarter) $18.76 $19.70 $20.68 $21.72 $22.80 Approved by City Council on 10/24/23 Page 4
11 55
City of South Gate Exhibit "B"
Grade Llnit FLSA Hourly Position
Consolidated Salary Schedule
Step A Step B Step C Step D Step E
994 Hrly NE Recreation Leader IV [Recreation Leader, Sr. GolfStarler) $20.63 $21.66 $22.74 $23.88 $25.08 937 Hrly NE Recreation SpeCialiSt $19.97 $20.97 $22.02 $23.12 $24.28 921 Htly NE ResearchAide $19.41 $20.38 $21.40 $22.47 $23.59 938 Htly NE Secretary $27.35 $28.71 $30.15 $31.66 $33.24 992 Htly NE SeniorLifeguard $20.63 $21.66 $22.74 $23.88 $25.08 998 Hrly NE StudentWorker $15.50 $16.28 $17.09 $17.94 $18.84 995 Htly NE Swim Instructor $18.76 $19.70 $20.68 $21.72 $22.80 922 Htly NE TypistClerk $20.55 $21.58 $22.66 $23.79 $24.98 Definitions
LINIT: Bargaining Unit
DMA €ivisionManagementAssociation(lJnclassified)-PayPlanCategoryF Elected unclassifiedElected0fficials-PayPlanCategoryA
EXEC Executive Management Employees (Unclassified) - Pay Plan Category E MEA Municipal Employees' Association (Civil Service) - Pay Plan Calegoy I PMA PoliceManagementAssociation-PayPlanCategoryB
PMMA Professional and Mid-Management Employees (Civil Service) - Pay Plan Category G POA Police Officers' Association - Pay Plan Category C
TOP Unclassified Top Management Employees - Pay Plan Category E Group: Group of Classifications
Hrly Unclassified Hourly Positions
FLSA: FairLaborStandardsAct
Exempt
Non-Exempt
Substep: Specific only to Police Officers' Association.

Monthly $ Monthly salaries rounded to nearest dollar. displayed as a whole number.

Approved by City Council on 10/24/23 Page 5
56 61'ffM!kuaial$OPRlt Item No. 5
OC'T 'i 7 '2%J23
5:5zpw- City of South Gate

CITY COUNCIL
AGENDA BJ[LL
For the Regular Meeting of: October 24, 2023
Originating Department: Parks & Recreation
DepartmentHead: ,, - - City Manager:

Steve Costley Le,f[ers
SUBJECT: AGREEMENT WITH QUALITY FENCE co., INC., FOR THE CONSTRUCTION OF SG PARK FENCE PROJECT, CITY PROJECT N0. 550 PRK PURPOSE: To replace fencing throughout South Gate Park.

RECOMMENDED ACTIONS: The City Council will consider:
a, Approving an Agreement with Quality Fence Co., Inc., to construct the SG Park Fence Project, City Project No. 550 PRK in an amount not to exceed $1,785,000; b, Appropriating $650,000 from the Park Enhancement Fund to cover additional costs for the project;
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney; and
d. Authorizing the Director of Parks & Recreation to approve any change orders needed up to the amount designated in the contingency funding.

FISCAL IMPACT: This project is budgeted for in the FY 2023/24 budget in the amount of $1,453,000 in the Capital Improvements Projects ("CIP") using Community Development Block Grant ("CDBG") funding. Based on the bid prices, an additional $650,000 is needed from the Park Enhancement Fund to cover the total project costs of $2,103,000.

BACKGROUND: The SG Park Fence Project ("Project") originally started in 2016 with designs from David Volz Design ("DVD") and the estimated costs were thought to be $400,000.

At that time, bids for the project came in over budget and before new funding could be allocated, the original funding was moved out of the project and into the South Gate Sports Center Roof Project to cover shortages. In 2018/19, the Citizens Advisory Committee ("CAC") once again awarded funding for the Project in the amount of $800,000, but before final bidding could be completed, the COVID pandemic began, and all the funding was reallocated to other emergency needs.

In FY2022/23 fiinding from CDBG was allocated in the amount of $1,453,000 for completion of the Project. DVD completed updates of the plans and an RFP was issued for bidding on May 11, 2023, No bids were received for the project. Adjustments were made to the bid documents and the RFP was reissued on July 13, 2023. Once again, no bids were received. Finally, working with I 57
our CDBG consultant, the City issued a third and final RFP for the Project on August 24, 2023.

For this RFP, three (3) bids were received and Quality Fence Co., Inc., was determined to be the lowest responsible bidder for the Project.

Overall, the Project will replace the fabric on the chain-link fence on a large share of the park fences. This will include the following areas:

1. Diamonds #1 thru #4 -Replacement of ALL fences, poles, backstops, and gates.

Addition of mowing strips.

2. Diamonds #5 thru #8 -Outfield fencing w/ new HR tops.

3. Diamonds#9and#l0 -Fencing,backstops,moveoutfieldfenceback.

4. Tennis Courts -Fencing and gates

5. Horseshoe Pits -Fencing

6. Swim Stadium -Fencing and replacement of turnstile gates to proper access gates.

7. Southside of Golf Course -New ornamental iron fencing The Project Costs are:

Design and construction plans (David Volz Design)
Construction by Quality Fence Co., Inc.

Construction Management by Z&K
Construction Contingency
Project Management
Miscellaneous Costs
Total Project Costs:

ATTACHMENTS: A. Proposed Agreement
B. Bid Results
$50,000
$1,785,000
$75,232
$142,768
$10,000
$10,000
$2,103,000
58 ATT ACHMENT A

AGREEMENT

CONSTRUCTION OF SOUTH GATE PARK FENCING IMPROVEMENTS CITY PROJECT 550-PRK
THIS AGREEMENT is made and entered into by and between the Owner, the South Gate City, and Quality Fence Co. Inc, hereinaffer called the Contractor.

The Owner and the Contractor mutually agree as follows:

ARTICLE I

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with Owner to perform and complete in good and workmanlike manner all work required by the Contract Documents for City Contract No. , which involves the following project:

CONSTRUCTION OF SOUTH GATE PARK FENCING IMPROVEMENTS CITY PROJECT 550-PRK
Said work shall be performed in accordance with the Contract Documents, which are referenced in Article Ill hereof and incorporated herein as though fully set forth.

Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by Owner.

ARTICLE II

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefore, the contract sum One Million Seven Hundred Eighty Five Thousand Dollars ($1,785,000) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, delivery, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents.

Owner shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 59 ARTICLE Ill

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

ARTICLE IV

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

WORK AND SERVICES AND DELIVERY OF MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT.

ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation, or to undertake self- insurance in accordance with the provisions of that code and certifies compliance with such provisions. CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft, classification, or type of workman needed to execute this contract. 60 ARTICLE Vl

FEDERAL REQUIREMENTS
The Contractor shall comply with all applicable state and local codes, ordinances and other applicable laws, all applicable CITY CDBG program requirements and any amendments hereaffer to CITY CDBG program guidelines and requirements. The Contractor agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:

A. COMMUNITY DEVELOPMENT BLOCK GRANT REGULATIONS. The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and B, NONDISCRIMINATION. No person or entity shall discriminate in the employment of persons in the performance of this Contract by CONTRACTOR or under any subcontract executed by CONTRACTOR in the furtherance of CONTRACTOR's performance under this Contract because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual preference, or gender of such persons, except as provided in Section 12940 of the Government Code. This Contract is also subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. CONTRACTOR and any subcontractor of CONTRACTOR who violates the provisions of Section 1735 of the Labor Code shall be subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the Labor Code; and
C. NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS. Title Vl of the Civil Rights Act of 1964 (42 u.s.c. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and
D. HOUSING AND COMMUNITY' DEVELOPMENT ACT. Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and
E. REHABILITATION ACT OF 1973. Section 503 of the Rehabilitation Act of 1973 (29 u.s.c. 794), as amended, and with all applicable implementing regulations.

Any contract in excess of $I0,000 entered into by any Federal department or 61 agency for the procurement of personal property and non-personal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.

F. AGE DISCRIMINATION ACT OF 1975. The Age Discrimination Act of 1975 (42 u.s.c. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
G. EQUAL EMPLOYMENT AND CONTRACTING OPPORTUNITY - Equal Employment Opportunity, as amended, and regulations of Executive Order 11246, amended by Executive orders 11375, 11478, 12086, and 12107 (3 CFR 1964- 1965 Comp. p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970., p. 803; 3 CFR, 1978 Comp., p. 230; 3 CFR, 1978 Comp., p. 264); and H. DEBARRED, SUSPENDED OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. The requirements set forth in 24 CFR part 5 and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subcontractors; and

1. MINORITY AND WOMEN-OWNED BUSINESSES (W/MBE). Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority and women-owned business enterprises. In accordance with 2 CFR § 200.321 all non-federal entities must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. As used in this Contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 u.s.c. 632), and "minority and women's business enterprise" means a business at least fiffy-one (5'l) percent owned and controlled by minority group members or women; and
J. CONFLICT OF INTEREST. The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611 ; and
K. PURCHASE OF u.s. MADE GOODS, PRODUCTS AND MATERIALS. The Build America, Buy America Act (the Act), enacted as part of the Infrastructure Investment and Jobs Act on November 15, 2021, established a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects affer May 14, 2022. The domestic content procurement 62 preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.

The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

L. LOBBYING REGULATION. Neither contractor nor any subcontractor may use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 u.s.c. 1352. Contractors and subcontractors must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

M. COMPLIANCE WITH FEDERAL AIR AND WATER STATUTES. During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

N. LABOR STANDARDS. CONTRACTOR and ali subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Contract are subject to the federal labor standards provisions, Davis Bacon and Related Acts as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journey- workers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the contractor and subcontractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701- 3708), and the CITY shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Federal Wage Determination Number CA20220022 is attached and incorporated herein by this reference as though set forth in full. Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the CITY of its obligation, if any, to require payment of the higher rates. In the event of any conflict or inconsistency between the provisions of Federal statutes and regulations under this paragraph and the provision of any other applicable State or local prevailing wage requirements described elsewhere in the Contract Documents, the provisions affording broader protections or higher wage requirements shall govern and control but only to the extent of the conflict or inconsistency and no further. 63 ARTICLE Vll
HOUSING AND URBAN DEELOPMENT ACT OF 1968 SECTION 3 The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 u.s.c 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low- income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.

The Contractor agrees to send each labor organization or representative of workers with which the Contractor has a collective bargaining Contract or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under Section 3, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3, shall set forth the minimum number and job titles subject to hire, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

ARTICLE Vlll

TERMINATION FOR CAUSE AND FOR CONVENIENCE
All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. 2 CFR PART 200

ARTICLE IX

EFFECTIVE DATE
This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether Owner or Contractor, executes said Agreement. 64 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized.

CITY OF SOUTH GATE:

BY:

Maria del Pilar Avalos, Mayor
Dated:

ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS T ORM:

W
%aul F. Salinas, City Attorney
QUALITY FENCE co., INC.

By:

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

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

DATED

CONTRACTOR
BY:

Signature
Title
ATTEST:

BY:

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

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

The South Gate City, City of South Gate, South Gate Housing Authority, and their officers, employees, elected officials, and agents must be shown as additional insured per ISO CG 20 10 1l 85, and separate endorsement signed by an authorized representative of the insurance company is required.

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

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

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

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

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

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

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

4. Course of Construction insurance covering "all risks" of loss. Earthquake and flood insurance is not required to be furnished by the Contractor. 67 Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $I,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as insurers with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 68 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, or modified, by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

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

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

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

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

Indemnification
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the South Gate City), the City of South Gate, South Gate City, the City of South Gate Housing Authority, consultants and sub-consultants, their respective officers, agents, employees, from any and all claims and losseS whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death 69 arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the South Gate City, the City of South Gate, consultants, sub- consultants, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate City's choice in representing the City of South Gate City, the City of South Gate, the City of South Gate Housing Authority, consultants and sub-consultants in connection with any such claims, losses, lawsuits or actions. THIS PROVISION SHALL

SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED UNDER THIS AGREEMENT.
70 CONSTRUCTION OF SOUTH GATE PARK FENCING IMPROVEMENTS CITY PROJECT 550-PRK

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

WHEREAS, the South Gate City ("City" herein) has awarded to Quality Fence Co. Inc. ("Contractor" herein) a contract for CONSTRUCTION OF SOUTH GATE PARK FENCING IMPROVEMENTS, CITY PROJECT N0. 550-PRK; and WHEREAS, said Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; asNOW, THEREFORE, we, Contractor and
Surety, are held and firmly bound unto the City in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, the work to be performed thereunder, or the specifications that accompany the Contract shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the contract, the work, or the specifications. 71 Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.
(Type name of Contractor)
(Type address of Contractor)
BY:
(Signature of authorized officer)
(Title of officer)
(Type name of Surety)
(Type address of Surety)
BV:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

Authority Counsel
16 72

CONSTRUCTION OF SOUTH GATE PARK FENCING IMPROVEMENTS CITY PROJECT N0. 550-PRK
IOO% PAYMENT BOND
WHEREAS, the City of South Gate, California ("City" herein), has awarded to ("Contractor" herein) a Contract for the work described as follows:

TITLE OF PROJECT:

CONSTRUCTION OF SOUTH GATE PARK FENCING IMPROVEMENTS CITY PROJECT N0. 550-PRK
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, to secure the payment of claims of laborers, mechanics, material suppliers and other persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of Dollars
($ ) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 9100(a), or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. If suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the plaintiff(s) and the City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100(a) as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration or modification of the Contract Documents or of work to be performed thereunder. 73 IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Contractor and Surety on , 20
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.
(Type name of Contractor)
(Type address of Contractor)
BY:
(Signature of authorized officer)
(Title of officer)
(Type name of Surety)
(Type address of Surety)
BY:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

Raul F. Salinas, City Attorney
18 74

CONSTRUCTION OF SOUTH GATE PARK FENCING IMPROVEMENTS CITY PROJECT N0. 550-PRK

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY

EACH AWARDEE OF A PRINCIPAL CONTRACT
STATE OF CALIFORN1A)
) SS.

COUNTY OF)
he is
being first duly sworn, deposes and says that
of (sole owner, a partner, president, etc.)
the party making
the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository or to any member or agent thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in their general business.

Signed
Title
75 STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , before me, , Notary
Public, personally appeared , yll0
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Notary Public
20 76

PART II

ST ANDARD SPECIFICATIONS
AND

DRAWINGS
21 77

PART II

STANDARD SPECIFICATIONS AND DRAWINGS
The work to be done under this Contract requires the completion of all work in accordance with the General Conditions and the Special Provisions herein, and the following Standard Specifications and Standard Drawings and Exhibits, as modified herein. In the case of conflict between the Standard Specifications and Standard Drawings and the Special Provisions and Construction Drawings, the Special Provisions and Consttauction Drawings shall take precedence over all of the following referenced Standard Specifications and Standard Drawings, in all areas, and said referenced Standard Specifications and Standard Drawings shall take precedence in the following order:

1. "Standard Plans and Specifications" City of South Gate, Engineering Department. Said "Standard Plans and Specifications" latest edition, are incorporated herein by this reference. A selection of Standard Drawings and Exhibits directly relating to this project are included in the Appendix of these specifications for the Contractor's reference.

2. "Standard Specifications for Public Works Construction," (Green Book) latest edition.

Said "Standard Specifications" are incorporated herein by this reference. Copies may be purchased from Building News, Inc., 990 Park Center Drive, Suite E, Vista, California 92081, telephone (760) 734-1113.

3. "Standard Plans for Public Works Construction," latest edition. Said "Standard Plans" are incorporated herein by this reference. Copies may be purchased from Building News, Inc., 990 Park Center Drive, Suite E, Vista, Califomia 92081, telephone (760) 734-'1 113.

4. State of California Department of Transportation (CALTRANS) California Manual of Uniform Traffic Control Devices (CMUTCD), Standard Specifications and Standard Plans, latest edition.

5. Ameiican Water Works Association Standards, latest revisions.

California Building, Plumbing, Electrical, and Mechanical Codes, latest editions 22 78

PART III

GENERAL PROVISIONS
23 79

PART III

GENERAL PROVISIONS
Section 1 Description of Work
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Specifications and Contract Documents. The general items of work include replacement of chain link fence fabric, installation of new chain-link and tube steel fencing, backstops, concrete bands, dug outs, concrete flatwork, ac paving, gates and other related items that are required by the Contract Documents at the following locations at South Gate Park: Fields 1-10, Horseshoe Pits, Tennis Courts, Spoits and Aquatic Center, City Yard and Parking Lot
Section 2 Location of Work
The project is located at 4900 Southern Ave, South Gate, CA 90280.

Section 3 Time of Completion
The Contractor has 100 working days, not including scheduled holidays (approximately 5 months) to complete all work from the date of the City's Notice to Proceed.

Section 4 Definitions

4.1 - Pursuant to supplemental conditions, " Agency," as used in the Standard Specifications for Public Works Construction, shall be synonymous with "City" or "City of South Gate."

4.2 Alterations and Additions - The City may, if it deems it necessary, make alterations and modifications to the Specifications and plans for the work, covering any portion under such altered or modified work shall be agreed upon in writing endorsed upon the original Contract and signed by the proper parties to the Contract. It is expressly understood and agreed that such alterations, additions, modifications or omissions shall not in any way violate or annul the contract, and the Contractor shall agree not to claim or bring suit for any damages whether for loss of profits or otherwise, on account of said changes. Whenever, during the progress of work, any additional work or change or modification in the work contracted for is agreed upon as aforesaid, such additional work or modification shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract.

4.3 Baseline Schedule - The approved final schedule from which all Contract 24 80
performance will be measured. It cannot be changed without the written consent of the City.

4.4 Bid Price - The unit or lump sum amount shown in the Bid Schedule(s) for the work to be performed.

4.5 CALTRANS Specifications - The cuirent specifications of the Standard Specifications of the State of California, Department of Transportation (CALTRANS).

4.6 - City of South Gate, California.

4.7 Conferences and Meetings - When and as directed by the City, the Contractor shall attend all conferences and meetings which the City deems necessary for the proper progress of work under this contract. The Contractor shall coordinate and meet the requirements of the Cities of South Gate and Lynwood. All costs associated with coordination shall be included in the various unit prices and no additional payment will be made therefor.

4.8 Contract Documents - All data provided by the City associated with the Work, including but not limited to, Bid Insttauctions, General Provisions, Supplemental Provisions, Addenda, Plans, Specifications, and all other data as may be referred to under the Teims and Conditions of the Contract Agreement between the City and the CONTRACTOR.

4.9 CONTRACTOR - As defined by the Standard Specificatioris for Public Works Construction.

4.10 CONTRACTOR Move-in - The move-in action whereby the CONTRACTOR at the direction of the ENGINEER was ordered to cease work and remove all men and equipment from the project site vicinity ir;idefinitely and then at a later time determined by the ENGINEER the CONTRACTOR was directed to re-mobilize his men and equipment to complete the project. The ENGINEER shall have sole discretion to specify the awarding of move-in cost. The CONTRACTOR shall not be entitled to additional compensation for complying with contract construction schedule.

4.11 Construction - All, labor, material, equipment, supplies, and other effoit required or incidental to the accomplishment of a defined scope of work in accordance with all applicable drawings, specifications, codes, ordinances, industg standards, and other such rules and regulations.

4.12 - Calendar days, unless otherwise indicated.

4.13 Deliverable - Any item that may be required to start a work activity, i.e. approved design documents, shop drawings, utility clearance, environmental report, materials, specialty work crews, equipment, etc. 25 81

4.14 ENGINEER-TheCityEngineeroftheCityofSouthGateoradesignated representative.

4.15 Final Pay Quantity - "Final Pay" items designated by a (F) following the quantity unit in the Bid Schedule shall be the final quantities for which payment for such specific poition of the work shall be considered as approximate only and no guarantee is made that the quantities which can be detertnined by computations, based on the details and land dimension shown on the plan will equal the estimated quantities. No allowance will be made in the event that the quantities which can be determined by computations based on the details and land dimensions shown on the plan will equal the estimated quantities. Final pay quantities will be adjusted to reflect any change order extra work or additional quantities authorized by the ENGINEER.

4.16 Normal Working Hours (working days) - 7:30 A.M. to 4:30 P.M.

Monday through Friday. Additional hours or days may be scheduled with approval of the ENGINEER.

Night and weekend hours may be authorized at the sole discretion of the CITY ENGINEER with no additional compensation made therefore.

4.17 Notice To Proceed (NTP) - A written notice given by the City to the CONTRACTOR establishing the date on which the Contract time will start.

A Notice to Proceed will not be issued until a construction schedule is submitted to and approved by the City Engineer.

4.18 Water Division - City of South Gate Public Works Depaitment.

4.19 WorkPlan-AcomprehensiveoutlinedescribinghowtheCONTRACTOR intends to perform the Scope of Work as defined under the Contract Documents. A Notice to Proceed will not be issued until a Work Plan is submitted to and approved by the City Engineer.

4.20 Temporary Suspension of Work - The City shall have the authority to suspend the work wholly or in part, for such a period as it may deem necessary, due to the unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as it may deem convenient due to failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order and shall not resume the work until so ordered in writing by the City.
26 Section 5 Pre-Work Conference
82 Prior to commencement of the project, but after award of the Contract, the City will contact the contractor for a pre-construction meeting. The prime contractor may also contact the Project Manager, Mr. Steve Costley at [email protected] after the award of contract at to set up such meeting, All sub-contractors shall attend the pre-construction meeting unless otherwise approved by the City Engineer.

Section 6 Liability Insurance
The insurance limits specified in Subsection7-3 ofthe Standard Specifications shall be amended as follows:

Contractor shall provide a combined single limit liability policy with aggregate limits for Bodily Iniury and Property Damage in an amount not less than one million dollars ($1,000,000).

Section 7 Permits and Contracts Correspondence

7. l The Contractor shall obtain and pay all costs for pernnits made necessary by his operations prior to commencing the work. No fee will be charged for any pernnit issued by the City of South Gate. Contractor will need to obtain a peimit from Building and Safety Division and an additional permit from the Public Works Department.

7.2 All correspondence relating to this Contract shall be between the Contractor and the Engineer. The Engineer and the Contractor shall serialize each item of correspondence consecutively starting with 001.

Section 8 Scheduling of Work

8. 1 No work, services, material or equipment shall be performed or finished until a Notice to Proceed has been given in writing to the Contractor by the City. Prior to the start of any work a pre-work conference shall be arranged by the Contractor between his job foreman, the Contractor, the Engineer and any other parties that may be deemed necessary by the City.

8.2 The Contractor shall so conduct his operations as to have under contract no greater amount of work than he can prosecute properly. Prior to starting any phase of the work, the Contractor shall be prepared and shall have sufficient equipment and labor on hand to prosecute the work to its completion.

8.3 The Contractor shall at all times have a copy of the Safety Plan, Contract Documents, Specifications, and pei'mits at the job site to which the Engineer shall be given access at all times.
27 83

8.4 The Contractor shall submit to the Project Manager, City of South Gate Public Works, and Police Department emergency telephone number listing where the Contractor can be reached day or night, including weekends and holidays.

Section 9 General Guarantee

9.1 Unless otherwise provided in these Specifications, the Contractor shall guarantee for a period of one year after Acceptance of Contract by the City, that all equipment, materials, and workmanship furnished under these Specifications shall be free from defects. He shall repair or replace all such defective equipment, materials, or workmanship. Guarantee bond provisions are included in the Instruction to Bidders, Section 12, Bonds.

9.2 In emergencies demanding immediate attention, the City shall have the right to remedy or contract for the remedy of, the hazard, defect. or damage and charge the Contractor with the cost of labor, equipment, and material required.

Section 10 Progress Payments

10.1 TheContractorshall,onorbeforethe20thdayofeachcalendarmonthafter actual work is started, except in case of final estimate hereinafter provided, cause an estimate to be made in writing of the value of the total amount of the work done and materials furnished by the Contractor and incorporated into the work completed up to and including the 15th day of the month in which the estimate is made for review and approval by the Engineer. The City shall process the Contractor's request for progress payment within thirty (30) days from the date of submittal of the corrected lnVOleei

10.2 The Contractor shall submit an updated copy of his schedule with each invoice. In reviewing the Contractor's estimate, the Engineer may take into consideration, along with other facts and conditions deemed by him to be proper, the ratio of the difficulty of the work done to the probable difficulties of the work yet to be done. The Engineer shall submit in writing to the City with a copy to the Contractor his evaluation of the amount of the Contractor's estimate, which the Engineer considers as approved for payment by the City. The City shall retain five percent (5%) of such estimated value as partial security for the fulfillment of the contract by the Contractor. In addition, 125% of the amount of outstanding "Stop Notices" shall be withheld. From the balance remaining all previous payments and all sums to be excepted, or retained under the terms of the contract shall be deducted and the remainder will be paid to the Contractor within 60 days from the receipt of the invoice. Contractor must submit certified payrolls 28 84
with each progress payment invoice. Contractor must utilize format.

No portion of any retention payment shall be released until 40 days after the project is completed and accepted by the City unless specified in Section 9-

3.2 of the Standard Specifications for Public Works Construction "Greenbook".

10.3 Should Contractor find it necessary to work overtime or weekends to complete the project, the Contractor shall be responsible to reimburse the City or to cover any and all cost associated with overtime inspection. The cost for this shall be included in the total contract price for this work or shall be deducted by the Contractor when billing the City. The amount shall be specified within the progress payment.

10.4 Should Contractor find it necessary to work overtime or weekends to complete the project, the Contractor shall be responsible to pay the Construction Manager assigned to this project by the City.

Section 11 City's Right to Withhold Certain Amounts and Make Application Thereof In addition to the amount which the City may retain under the above section on the progress payments, the City may withhold a sufficient amount or amounts or any payment otherwise due to the Contractor as in its judgment may be necessary to cover:
(1 ) Amounts claimed by the City as liquidated damages or other offset. (2) Costs incurred by the City:
a. In providing services which the Contractor is unable to provide in a timely manner to either correct a hazardous condition or maintain the work in a safe condition, such as but not limited to, repairing, filling or covering of trenches, placing of barricades, a directing or detouring of traffic.

A base charge of $700 will be assessed for each incident and the cost of all time and materials used will be charged in addition to this fee.
b. As a result of the Contractor failing to pay his bills in a timely manner, including legal and attorney costs relating to processing "Stop Notices" and/or settlement of related litigation.
(3) Estimated or actual costs for correcting defective work not remedied.
29 85
(4) Deficient labor compliance, or federal compliance documentation.

Section 12 Final Estimate and Payment

12.1 The Engineer, after the completion of the Contract, shall make a final estimate of the amount of work done thereunder and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All partial payments and estimates shall be subject to correction in the final estimate and payment. The final retention payment shall not be due and payable until the expiration of forty (40) calendar days from the date of filing a Notice of Completion of the work by the City and correction of record.

12.2 It is mutually agreed between the parties to the Contract that no certificate given or payment under the contract shall be conclusive evidence of performance of the Contract and no payment shall be construed to be an acceptance of a defective work or improper materials.

12.3 The Contractor further agrees that the payment of the final amount due under the Contract shall release the City, the City's representative, the Engineer and their consultant from any and all claims or liability on amount of work performed under the Contract.

Section 13 Progress Charts - Proiect Schedule
General
The Contractor shall at least 7 days prior to the commencement of work, prepare and submit to the City Engineer for approval a progress schedule, showing the order in which, the Contractor proposes to carry on the work, the date on which he will start and contemplated dates for completing the same. The schedule shall be cutarently maintained with each submittal.

The Contractor shall submit an updated copy of his schedule with each invoice, and when required by major changes in the work.

Section 14 Site Conditions and Restrictions
All construction activities shall be limited to the hours as indicated in Section 4. 16 of this section.

Section 15 Coordination With Utilities
30 86

15.1 The Contractor's attention is directed to the potential existence of HAZARDOUS services and underground utilities and pipelines within the project areas which include, but are not limited to, electrical and natural gas.

The Contractor shall be responsible for notifying the following utility companies in advance of any work in order that they can coordinate removal of their facilities to accommodate this project. The City believes (but makes no representations) that the following utilities can be reached at the following numbers:

Verizon Telephone Co.

Chevron Pipeline Co.

Exxon Mobil
Pacific Pipeline Systems
Southern California Gas Company (W/710)
Southern California Gas Company (E/710)
Southern California Edison Company
City of South Gate Water Division
AT&T
Golden State Water Company
BP Pipeline (ARCO)
Time Warner Cable
Red Flex Traffic Systems, Inc.

Los Angeles County Sanitation District
Metropolitan Water District
Walnut Park Mutual Water Company
562 903-7914
714 228-1530
323 586-5300
562 728-2800
310 687-2032
310 687-2032
310 608-5041
323 563-5790
626) 256-7334
562 907-9200
323 277-2832
714 414-1420
310 642-0470
562 699-7411
323 276-7623
323 585-7321

15.2 Utility owners, contractors of the City, or contractors authorized by the City responsible for facilities located within the limits of work shall have the right to enter upon the limits of work and upon any structure therein for the purpose of making new installations, changes, or repairs, and the Contractor shall so conduct his operations as to provide the time needed for such work to be accomplished during the progress of the improvements made by those other parties.

15.3 At least two (2) working days prior to starting work, the Contractor shall contact Underground Service Alert at 1-800-422-4133 and Red Flex.

Contractor shall submit to Underground Service Alert a complete list of Thomas Brothers Map Book Pages and Grids encompassing the area of work. Contractor shall notify the Underground Service Alert of any changes as they occur to the area of work.

15.4 The following entities shall be notified at least 72 hours in advance of any street closure or restriction to access by the Contractor. Coordination of established service schedules will be available to the Contractor at the pre- constniction meeting.
87 Phone #

1. CityEngineer 323 563-9578

2. PostOffice 800 275-8777

3. LA CO. Fire Department 323 890-4235

4. SouthGatePoliceDepartment 323 563-5436

5. WasteManagement 800 225-0175

6. CityofHuntingtonPark 323 582-6161

7. CityofLynwood 310 603-0220

8. MTA(BusRoutes) 213 922-6000

9. Residents and business adjacent to project site.

10. South Gate schools adjacent to project site.

And any others that are deternnined by the City designates.

Section 16 Protection of the Work, the Public and Emergency Response Whenever, in the opinion of the Engineer, an emergency exists, against which the Contractor has not taken sufficient precaution for the public safety protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this Contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition.

If the Contractor fails to act on the situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Contractor.

Section 17 Claim Notification
If the Contractor should claim that any instruction, request, drawing specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to the Contractor or to grant an extension of time for the completion of the contract, he shall notify the Engineer, in writing, of such claim within ten (10) days from the date he has actual or constructive notice of the factual basis suppoiting the claim. The Contractor's failure to notify the Engineer within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.

Section 18 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the City Engineer.

Section 19 Liquidated Damages
32 88
The liquidated damages, as described in Section 6-9 of the Standard Specifications for Public Works construction are changed to $1,000 per working day.

Section 20 Change Orders/Extra Work Format
Contractor shall utilize format provided by City for change orders/extra work.

Section3-3.1 oftheStandardSpecificationsforPublicWorksConstruction. Shall include the following to paragraph 1 :

Any Extra Work performed by the Contractor without an approved Contract Change Order from the Engineer shall be at the Contractor's risk and the Contractor shall not be entitled to payment without an approved Change Order. All Extra Work shall be adjusted daily upon repoit sheets furnished by the Contractor, reviewed by the Engineer and signed by both paities. The daily report shall be considered thereafter as the tnie record of Extra Work done. New and unforeseen work will be classed as Extra Work only when said work is not covered and cannot be paid for under any ofthe various items or combination of items for which a bid price appears in the Bid Forms.

Section 3-3.2. 1 of the Standard Specifications for Public Works Construction.

Replace the first sentence with the following:

When the cost and time for Extra Work caru'iot be agreed upon, the City will pay for Extra Work based on the accumulation of costs as provided herein and grant additional time to the Contract duration. Extra Work shall be paid for under a written Change Order, approved by the City, in accordance with the terms therein provided. Generally, payment for Extra Work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City.

Section 3-3.2.2. l of the Standard Specifications for Public Works Construction.

The first paragraph shall be deleted and replaced with the following paragraph:

The cost of labor shall be the base hourly rates of workers performing the extra work plus a 30% Labor Surcharge added to the base hourly rates. The Labor Surcharge of 30% is also applicable to oveitime base hourly rates. The Labor surcharge shall include Employer Payments of Fringe benefits, Payroll Taxes (including FICA, FUTA, SUTA, SDI and State Training), Workers Compensation Insurance, General Liability Insurance, Umbrella Insurance, Health and Welfare, Pension, Vacation, Holiday, Dues, Apprenticeship Funds, and any other cost and benefit not indicated herein. No additional compensation will be allowed.

Section 3-3.2.2.3 of the Standard Specifications for Public Works Construction. 3389
Replace the second paragraph in its entirety with the following:

Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed listed rates found in the most recent published "Caltrans Labor Surcharge and Equipment Rental Rates" from the time the Extra Work is being performed. The link to the Latest "Labor Surcharge and Equipment Rental Rates" is as follows:
www.dot.ca.gov/hq/construc/equipmnt.html
Section 3-3.2.3. I of the Standard Specifications for Public Works Construction.

Replace the entire paragraph with the following:

The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead, insurance of any type and profits on extra work performed by the Contractor:
(1) Labor
(2) Materials
(3) Equipment Rental...
(4) Other Items and Expenditures
To the sum of the costs and markups provided for this subsection, one percent shall be added as compensation for bonding.

Section 3-3.2.3.2 of the Standard Specifications for Public Works Construction.

Delete the entire subsection and replace with the following:

When a subcontractor performs all or any part of the extra work, the markup established in subsection 3-3.2.3.1 shall be applied to the subcontractor's actual cost of such work, and shall constitute its only payment for all overhead, insurance of any type and profits. The Contractor shall receive an additional rnarkup, not to exceed five (5) percent, for all its overhead, insurance of any type and profit on the "extra work" perfomied by the Subcontractor.

Section 21 Site Supervision
The Contractor shall provide an on-site supervisor at all times when work is in progress. This supervisor shall be qualified in public works construction and site safety. The site supervisor shall be named in writing and changed only on approval of the Engineer.

Section 22 Site Security
The Contractor shall assume the responsibility for security of each site. This responsibility includes applicability of insurance along with indemnification of the City and loss due to vandalism, the:tt or illegal dumping. 34 90
Section 23 Examination of Specifications and Site of Work The bidder is required to carefully examine the site, the bid proposal, exhibits, plans, specifications, and contract forms for the work to be completed. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, type, qriality and quantities of work to be perfoimed and materials to be 'furnished, and as to the requirements of the Plans and Specifications, the Special Provisions and the Contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. It should be noted that the examination shall include the type of existing pavements.

Section 24 Water
Contractor may utilize City water without charge from the adjacent City fire hydrants for dust control. Contractor shall utilize a City fire hydrant meter whenever he uses water, to record water use. Contractor shall be fully responsible for the City fire hydrant meter.

Section 25
Bidders shall include any and all taxes in their bids. Upon request, the City will furnish manufacturer's excise tax exemption certificate to the successful bidder, as may be applicable under existing laws. It shall be the sole responsibility of the bidder to determine the applicability of any and all taxes which may or may not be due under the provisions of these specifications.

Section 26 0ther Requirements
The Contractor is required to maintain fencing, barricades, signs, restrooms and construction equipment at the construction site free of graffiti at all times.

Upon completion of work in any specific street or location, the Contractor shall remove any survey, site or reference markings that have been painted or inked into any curb, street, sidewalk or any other permanent feature on site.

During construction, the Contractor shall maintain landscaping, sidewalks, and parkways in and around the project site in a proper manner. If pedestrian or vehicular access is obstructed, alternate paths of travel shall be provided, maintained and identified.

All costs involved in complying with all or any one for the above requirements shall be included in the unit price for the various related items of work and no additional compensation will be made, therefore.
3591
The Contractor is to distribute two (2) "Public Notice" in English and Spanish to each resident and business affected by the project. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least seventy-two (72) hours prior to the start of work. A sample copy of the notice must be approved by the City. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the front doorknob. The Contractor shall also coordinate with the bus services to ensure the safe operation of buses and access to bus stops in the construction area.

The Contractor shall also coordinate with the trash disposal and postal services agencies to ensure the safe operation of their vehicle and access in the construction area.

Section 27 Fire Department Requirements
The Contractor shall provide continuous clear access to existing fire hydrants along the construction site with a minimum 20-foot space required for fire apparatus hook-up hydrants.

Section 28 Paramedics
The Contractor shall notify the Police Department Watch Commander or Dispatcher at 323-563-5457, the LA. County Fire Department at 323-567-8580, and the MTA, South East Area at 213-922-2825, on a daily basis during the entire period construction is in progress wheriever the roadways are reduced in width or blocked.

Section 29 Requirements of the Clean Air and Clean Water Acts All Contractors shall be responsible for and implement Best Management Practices (BMPs) to: (1) Retain sediments generated from the project onsite; (2) Avoid spills and discharges of construction-related materials, construction wastes, and residues to streets, draining facilities and adjacent properties; (3) Prevent non- storm water discharges such as washing construction vehicles from leaving the site, (4) Minimize erosion from slopes and channels.

The CONTRACTOR shall implement an effective combination of erosion and sediment control BMPs from Tables 12, 13, 14, 15 and 16 of Order No. R4-2012- 0175 (the City's MS4 Permit) or applicable tables from amended or successor MS4 permits to prevent erosion and sediment loss and the discharge of construction waste. BMPs must include: Erosion Controls, Sediment Controls, Non-Stomiwater Management and Waste Management. BMPs must be to standards contained within the most recent versions of the California BMP Handbook, Construction or Caltram Storm water Quality Handbooks, Construction Site Eest Management Practices (EMPs) Manual. The CONTRACTOR shall inspect the construction site on an as needed basis, but no less than weekly while the project is active, to ensure 36 92
the BMPs are properly installed and maintained.

Section 30 Spill Prevention Plan
The Contractor shall develop and submit within 30 days of receiving the Notice to Proceed a Spill Prevention Plan for City approval. The plan shall address implementation of measures to prevent sewage spills, procedures for spill control and containment, notifications, emergency response, cleanup, and spill and damage reporting. The Contractor shall then implement the final approved Spill Prevention Plan.

The Work of this Section will be paid for in the unit price for the various items of work and no additional compensation will be made therefore.

Precedence of Contract Documents.

In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in the order of precedence shall control. The order of precedence, from highest to lowest, shall be as Follows:
a) Permits
b) Change Orders or Work Change Directives
c) Contract/Agreement
d) Addenda
e) Bid/Proposal
f) Special Provisions
g) General Provisions
h) Project Plans and Construction Drawings
i) Additions and Amendments to Standard Plans
j) City of South Gate Standard Plans
k) Other Specified Standard Plans
I) Notice Inviting Bids
m) Instructions to Bidders
n) Standard Specifications for Public Works Construction o) Standard Plans for Public Works Construction
p) Caltrans Standard Plans and Standard Specifications With reference to the Drawings, the order of precedence, from highest to lowest, shall be as follows:
q) Figures govern over scaled dimensions
r) Detail drawings govern over general drawings
37 93
s) Addenda or Change Order drawings govern over Contract Drawings t) Contract Drawings govern over Standard Drawings u) Contract Drawings govern over Shop Drawings
Should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained on the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Specifications, the Contractor shall apply to the Engineer for such further explanation as may be necessary and the Engineer's decision shall be final and binding.

Submittals.

General.

Within 30 Days after the Notice to Proceed has been received by the Contractor, the Contractor shall provide to the Project Manager a complete list of names and addresses of all suppliers of materials to be used on the Work.

All submittals shall be submitted prior to the start of the Work unless otherwise approved by the Engineer. No work shall begin until the construction schedule has been approved by the Engineer. The Contractor shall submit for City review and approval Shop Drawings and submittals for all long lead supplies, materials, and equipment within 5 Working Days after the Notice to Proceed letter has been issued. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 Working Days of said Notice to Proceed.

No work shall begin on the respective items of work that require a submittal until the submittals for those items of work have been approved in writing by the Engineer. When submitted for the Engineer's review, Shop Drawings shall include the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings as conforming to the requirements of the Contract Documents. The following Contractor's certification shall appear on all submittals:
"It is hereby certified that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for review.

Certified by:

Date:

A copy of each Shop Drawing and each sample as reviewed by the Engineer shall be kept in good order by the Contractor at the site and shall be available to the Engineer. A review fee of $200 will be withheld from the Contractor's progress payment for every re-submittal after the third time a submittal has been reviewed and rejected.

Shop Drawings,
The following procedures will apply to Shop Drawing submittals:
1) The Contractor shall submit to the Engineer for review, 3 copies of all Shop Drawings.

These drawings shall be complete, certified by the Contractor, and shall contain all required information in detail. The Contractor shall make any corrections to Shop Drawings required by the Engineer.
2) Except as may otherwise by indicated herein, the Engineer will return the submittal to the Contractor with comments noted thereon, within 14 Days following receipt by the 3894
Engineer. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the third submission of a submittal item. The Contractor shall allow a minimum of 7 Days for review of submittals. 3) If a submittal is returned to the Contractor marked "No exceptions taken," formal revision and resubmission of said submittal will not be required. 4) If a submittal is returned to the Contractor marked "Make corrections noted, formal revision and resubmission of said submittal will not be required. 5) If a submittal is returned to the Contractor marked "Amend-Resubmit," the Contractor shall revise said submittal and shall resubmit the required number of copies of the revised submittal to the Engineer.
6) If a submittal is returned to the Contractor marked "Rejected-Resubmit," the Ccritractor shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the Engineer.
7) When reviewed by the Engineer, each copy of the drawings will be stamped and signed by the Engineer.
8) Two sets of said drawings will be returned to the Contractor. 9) The review of the drawings shall not be construed as a complete check but will indicate only that the general method of construction and detailing is satisfactory. The Contractor shall assume all responsibility for accuracy or data, details, and dimensions shown in the submittals.
10)The Contractor agrees that if deviations, discrepancies, or conflicts between Shop Drawing submittals and the Contract Documents in the form of Plans and Specifications, except as particularly noted within the submittal, are discovered either prior to or after Shop Drawing submittals are processed by the Engineer, the Plans and Specifications shall control and shall be followed.
11 ) Revisions indicated on Shop Drawings shall be considered as changes necessary to meet the requirements of the Contract Plans and Specifications and shall not be taken as the basis of claims for Extra Work. The Contractor shall have no claims for damages or extension of time due to any delay resulting from making required revisions to Shop Drawings. The review of said drawings by the Engineer will apply to general design only and will in no way relieve the Contractor of responsibility for errors or omissions contained therein nor will such review operate to waive or modify any provisions or requirements contained in these Contract Specifications or on the Contract Drawings. 12) Compliance certificates and weigh slips shall be provided for all aggregate base, asphalt concrete, Portland Cement Concrete, reinforcing steel, etc. Mix designs shall be submitted for asphalt concrete and Portland Cement Concrete mixes. 13) The Contractor shall furnish to the Engineer 8 copies of instruction and maintenance manuals and parts lists of all major equipment furnished. Data in these manuals shall cover completely all items as specified and as supplied. 14) Shop fabrication drawings and lay sheets are required for all steel pipelines 16 inches and greater in diameter. The drawings and lay sheets shall fully illustrate horizontal station and vertical elevation of all joints and angle points, true angular deflection at locations of combined vertical and horizontal bends, and horizontal station for pipeline appurtenances.
3995

SURVEYING
PERMANENT SURVEY MARKERS.

The Contractor's surveyor shall:

Survey Service.

All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where missing or disturbed, in accordance with Section 877'l of the Professional Land Surveyor's Act (Business & Professions Code Section 8700 et seq.), prior to Project acceptance. This work will be the responsibility of the Contractor and shall be at the Contractor's sole cost and expense.

Contractor shall provide all Construction survey for the project. All construction control surveying shall be performed under the supervision of a Registered Civil Engineer or Licensed Land Surveyor at the expense of the Contractor.

Survey stakes shall be set and stationed by the Contractor's surveyor as follows:
a) Drains - 50' intervals and change of alignment or grade b) Waterline - 40' intervals and change of alignment or grade c) Structures - 4 corners with reference elevations d) Rough Grade - As required to achieve cut or fill to finished grade (or flow line) as indicated on a grade sheet
Offsets and locations shall be as agreed upon. The Contractor shall transfer grade hubs for construction as the Contractor may require. The Engineer shall have the right to verify the Contractor's survey extensions, and if found deficient, the Contractor shall pay the costs therefor.

Contractor shall submit a completed "Request for Construction Staking Form" in Appendix A to the Engineer 72 hours in advance of construction work requiring such survey stakes.

All construction survey and staking costs shall be borne by the contractor and no additional compensation shall be made. Contractor shall submit cut sheet to the Engineer for approval prior to construction of such work.

Payment.

Full compensation for all Surveying Services shall be considered as included in other bid items of work and no further compensation shall be made.

Lines and Grades.

All work, including finished surfaces, shall during its progress and upon completion, conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the Engineer.

Failure to make this report shall make the Contractor responsible for any error in the finished 4096
work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the Engineer and authorized in writing.

The City will provide inspection for an 8-hour day, 40-hour week - Monday through Friday ONLY- at no cost to the Contractor. If the Contractor chooses to work more than 8 hours in any given day or more than 40 hours in any given week or on Saturday, Sunday or City Holidays, the Contractor will be responsible for the entire cost for the additional inspection at rates established by the City as stipulated in 6-1. The Contractor must request and receive approval from the Engineer prior to working any overtime work that requires inspection.

The Contractor shall also be responsible for providing the inspector's field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. The door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, and a fax machine at Contractor's expense. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

SITE EXAMINATION.

The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.

FLOW AND ACCEPT ANCE OF WATER.

Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising there from.

Trade Names or Equals.

The second and third paragraphs are amended in their entirety to read as follows:

Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name as "sole sources."
Unless specifically designated as described above, whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be deemed as followed by the words "or equal." A Bidder/Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Bidder/Contractor to submit requests for substitution by the stipulated deadline shall be deemed to signify that the Bidder/Contractor 97 intends to furnish one of the brands named in the Special Provisions, and the Bidder/Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified.

Deadline for receipt of Substitution Requests shall expire at 5:00 PM, 7 Days before the date of bid opening published in the Notice Inviting Bids.

The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Bidder/Contractor. The Bidder/Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The Bidder/Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will completely and adequately fulfill its intended function.

Substitution Request Procedure - Submit a written request on Substitution Request Forms provided in the Bid Documents for proposed substitutions to Engineer prior to deadline for receipt of substitution requests. Submit proposed substitutions relating to a particular subcontract or trade in a single package. If Engineer accepts any proposed substitutions, such acceptance will be set forth in an Addendum. No substitution will be considered after the deadline for receipt of substitution requests has expired. Requests for substitutions shall be accompanied by a non- refundable cashier's check or money order for $200 made out to City of South Gate to compensate Owner for cost of reviewing substitution request. Check shall clearly show Project name and product or service submitted for review.

Products accepted as "accepted equals" shall, in Owner's opinion, meet the following requirements:
a) Products shall be of equal quality, substance, function and color to those listed. b) Products shall be standard products of a reputable manufacturer having regularly been engaged for 5 years in manufacture of products furnished. c) Products shall have a reputation for assuring long-lasting trouble-free service. d) Factory-authorized, factory-trained,
service parts shall be available within
and competent service personnel and stocked
a 150 mile radius of the Work.
e) Manufacturer shall be capable of certifying compliance with listed reference standards.

Products not meeting the above requirements shall, for purpose of this Contract, be deemed "inferior" even if product's only shortcoming is that Bidder/Contractor failed to submit a Substitution Request on said product prior to the stipulated deadline. Substitution of "inferior" products shall not occur except where cost savings are offered to and accepted by the Owner in the form of a Change Order.
42 98

SOUTH GATE PARK

FENCING IMPROVEMENTS

TECHNICAL SPECIFICATIONS
City Project No. 550-PRK

CITY OF SOUTH GATE, CALIFORNIA

TABLE OF CONTENTS
Section 02 41 13 Demolition & Removals
Section 031113 Concrete Formwork
Section 03 30 53 Miscellaneous Concrete
Section 05 7313 Ornamental Tubular Steel Fence
Section 12 93 00 Site Furnishings & Miscellaneous Materials Section 32 31 13 Chain Link Fence
43 99
SECTION 02 41 13 - DEMOLITION AND REMOVALS
PART 1 - GENERAL
1 .01 DESCRIPTION OF WORK
A. Furnish all labor, materials, tools, equipment, appliances and necessary incidentals for the complete, demolition and removals as shown on the project plans and specifications as specified herein.

B. Demolition and removal of existing landscape, AC paving, flatwork, chain link fencing, chain link fence fabric, chain link fencing posts/rails/fittings, backstop posts/rails/fittings, wooden backstop planks/boards, turnstile gates, maintenance gates, concrete banding, concrete walls and trees, including stumps and roots.

C. Furnish all labor, materials, tools and equipment to repair, adjust and/or re-rout existing irrigation lines, (pressure and non-pressure) when damaged or conflicts with new construction. Cap and mark non-pressure lateral lines within 5 feet of new construction.

D. Disconnection, removal and capping of identified utilities.

E. Temporary erosion and sedimentation control measures.

F. All items noted for removal shall become the property of the Contractor unless otherwise noted, as salvage to be returned to the City maintenance yard. 1 .02 RELATED DOCUMENTS
The Standard Specifications for Public Works Construction, "Greenbook", latest edition, is reference as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the Engineer.

1.03 REGULATORYREQUIREMENTS
A. Notify affected utility companies before starting work and comply with their requirements.

B. Conform to applicable codes for site clearing, demolition, safety of adjacent structures and improvements, dust control, run off control and disposal.

C. Obtain required permits from authorities. The Contractor shall apply for and obtain all construction permits from outside agencies as needed to complete the site improvements. All fees for permits required by the agencies shall be paid by the Contractor.

D. Roadway or sidewalk obstructions or closures will not be allowed without permits.

SECTION 02 4113- DEMOLITION AND REMOV ALS-43
44100
E. Traffic: Traffic control shall conform to the minimum standards as set out in the Work Area Traffic Control Handbook published by Building News, Inc., 3055 0verland Avenue, Los Angeles, CA 90034. The safety of the public shall be a high priority.

F. Protection of Existing Improvements: Provide protection necessary to prevent damage to existing improvements indicated to remain in place by approved methods and/or as authorized by the Engineer and conform to Section 300-1.2 of the Standard Specifications for Public Works Construction. Protect existing utilities indicated or made known to remain traversing the job site and serving existing adjacent facilities. Improvements requiring protection include, but are not limited to, adjacent pavement, chain link fencing, chain link fencing framework, lumber backstops, walls, trees and irrigation equipment.

1.04 SUBMITTALS
Submit to the Engineer, demolition and removal sequence and location and construction of barricades and fences prior to the commencement of such activities. 1 .05 MOBILIZATION
Mobilization shall include expenditures for all preparatory work and operations including, but not limited to, those costs necessary for the movement of personnel, equipment, supplies, and incidental to the project site; for the establishment of all facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project.

1.06 DUSTCONTROL
The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliative, modification of operations, or any other means acceptable to agencies having jurisdiction.

Unless otherwise approved by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least twice each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.

Prior to occupation of the project site, the contractor shall submit and receive approval of a fugitive dust control plan prepared in accordance with the City of South Gate Municipal Code. In accordance with said Ordinance, the Contractor shall provide the City security in an amount sufficient to guarantee compliance with the provisions of the permit. A copy of the ordinance is available for review at the City. 107 TEMPORARYEROSIONANDSEDIMENTATIONCONTROL
A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent SECTION 02 41 13- DEMOLITION AND REMOVALS-44
45101
properties and walkways, according to requirements of authorities having jurisdiction. Inspect, repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established.

Remove erosion and sedimentation controls and restore and stabilize areos disturbed during removal.

PART 2 - PRODuCTS

2.01 PRODUCTS: Furnish all labor and equipment necessary for the work. Provide materials not specifically described but required for completion of the work of this Section, as selected by the contractor subject to the approval of the Engineer.

2.02 All fill materials used for this work shall be approved in writing by the Engineer. Other materials used on this portion of the work shall conform to the applicable sections of the specifications or be approved in writing by the Engineer.

PART 3 - EXECUTION

3.01 PREPARATION
Provide, erect and maintain temporary barricades and security devices such as flashers, barrier tape, fencing and signs as necessary for safety. Temporary 6' ht. fencing shall be installed where necessary around the perimeter of the project site as directed by the Engineer.

Protect existing structures, lighting, appurtenances, fencing, walls, sidewalks, curbing, and improvements which are not be removed.

Mark location of utilities. Maintain existing utility service.

3.02 DEMOLITION REQUIREMENTS
Disconnect, remove and cap utilities within demolition areas.

Remove concrete structures and footings to a minimum of four feet below finished grade within area of new construction.

Remove waste materials and unsuitable or excess topsoil from City property and dispose of off site in a legal manner. Any removal shall conform to Section 300-

1.3.2, subsections (a), (b) and (c) of the Standard Specifications for Public Works Construction. All spoil material shall become the property of the Contractor. The Contractor shall submit a certificate of acceptance of the spoil material to the Engineer from the owner of the disposal site.

Burning is not permitted on City property. Disposal of waste material shall conform to Section 300-1.3. 1 of the Standard Specifications for Public Works Construction.

SECTION 02 41 13- DEMOLITION AND REMOVALS-45
46102
PART 4 - PAYMENT

4.01 DEMOLITION AND REMOVALS
Payment for Demolition and Removal items will be considered as included in the lump sum contract price for each bid item demolition and removal work was performed and no additional compensation will be made therefor.

END OF SECTION
SECTION 02 41 13- DEMOLITION AND REMOVALS-46
47103
SECTION 031113 - CONCRETE FORMWORK
PART 1: GENERAL

1.01 DESCRIPTION
The General Provisions shall apply to all Concrete Formwork operations.

Provide all labor, materials, tools, transportation, equipment and incidentals necessary to perform work as indicated on the Plans and as herein specified.

Related Section.

Section 03 30 53: Miscellaneous Concrete
The Standard Specifications for Public Works Construction, "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the City.
1 .02 QUALITY' ASSURANCE
A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials.

B. Manufacturer's directions, specifications and detailed drawings shall be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications.

The work included in this Section shall be done to the satisfaction of the Engineer. The decision by the Engineer as to the true construction meaning of the Plans and Specifications will be final.

PART 2: PRODUCTS

2.01 MATERIALS
A. Where finish concrete is below grade, plywood or sawed lumber formwork shall be constructed of substantial material as selected by the Contractor.

B. Where finished concrete is above grade and scheduled to be exposed, use Plyform Class I and II B-B, EXT-DFPA.

SECTION 031113 - CONCRETE FORMWORK - 47
48104
C, Formcoatingshallbearion-grain-raisingandnon-stainingtypethatwillnot leave residual matter ori the surface of the concrete or adversely affect bonding to concrete of paint, plaster, or other applied materials.

Portland cement shall be Type V, ion alkali and shall conform to ASTM C150.

PART 3: EXECUTION

3.01 INSTALLATION
A. All concrete above grade shall be cast in plywood or sawed lumber forms.

Concrete below grade may be poured directly against earth in open trenches.

All forms shall be constructed true to line and level, sufficiently tight to prevent leakage of mortar, and shall conform exactly to the dimensions of the finished concrete as shown on the drawings. Forms for curved surfaces shall be so constructed and placed that the finished surface shall not deviate from the arc of the curve; flat spots will not be accepted.

D. Where studs in formwork are spaced not over 12" o.c., 5/8" minimum plywood shall be used. Where studs are spaced not over 16" o.c., 3/4" minimum plywood shall be used.

E. Placelongdimensionofplywoodsheetsperpendiculartodirectionofstuds.

Forms and metal reinforcement shall be checked and approved by the Engineer before concrete is placed.

3.02 REMOVALOFFORMS
Do not disturb or remove forms until the concrete has developed sufficient strength to safely sustain its own weight and the superimposed loads above.

Afier concrete is placed, the following minimum time periods shall elapse before the removal of forms.

ITEM FORMS SHORING
Sides of walls and edge of slabs and
footings
3 days 5 days
PART 4: PAYMENT
SECTION 0311 13 - CONCRETE FORMWORK - 48
49105

4.01 CONCRETE FORMFORK
Payment for Concrete Formwork will be considered as included in the lump sum contract price for each bid item the concrete formwork was preformed and no additional compensation will be made therefor.

END OF SECTION
SECTION 0311 13 - CONCRETE FORMWORK - 49
50106
SECTION 03 30 53 - MISCELLANEOUS CONCRETE
PARTI: GENERAL
I.OI DESCRIPTION
The General Provisions shall apply to all miscellaneous concrete work operations. Provide labor, materials, tools, transportation, equipment and incidentals necessary to perform work as indicated on the Plans and as herein specified.

Related Sections.

Section 03 1113 - Concrete Formwork
The Standard Specificationsfor Public Works Construction, "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the Engineer.

Definitions.

1. City: City of South Gate.

2. Engineer: City Engineer, or the City Engineer's designated representative.

3. ASTM: American Society of Testing Materials

1.02 QUALITY ASSURANCE
A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials.

B. Manufacturer's directions, specifications and detailed drawings will be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications.

The work included in this section will be done to the satisfaction of the Engineer. The decision by the Engineer as to the true construction meaning of the Plans and Specifications will be final.

SECTION 03 30 53 - MISCELLANEOUS CONCRETE- 50
107
D. Material quality standards and testing procedures shall be in accordance with all ASTM standards and testing procedures and shall be the latest requirements.

1. All tests shall be made by a testing laboratory acceptable and approved by the Engineer.

2. One mechanical analysis and one decantation test shall be made of the sand and coarse aggregate proposed for the work.

E. Reinforcing Steel: All steel shall be Grade 60 billet steel conforming to ASTM A-615.

1.03 SUBMITTALS:

A. Shop Drawings: Submit for concrete slabs showing dimensioned locations and typca of construction and expansion joints.

B. Samples: Prepare minimum /I foot square samplcs of each required slab finish cxcluding only monolithic trowel and float finishcs. Include a transverse expansion joint, scoring, and edging.

C. Concrete Mix Design: Submit concrete mix design for review and approval.

PART 2: PRODUCTS

2.01 MATERIALS
A. Concrete shall have a minimum compressive strength at 28 days of 2500 psi.

B. Portland Cement shall be Type V, low alkali, and shall conform to ASTM C150.

C. Concrete aggregate shall conform to ASTM C33. All aggregate shall be well graded and selected from a source that has a proven history of non- reactivity. Maximum aggregate size shall be 3/4 inch.

D. Fine aggregate shall consist of washed natural sand having hard, strong and durable particles and which does not contain more than 2% by weight of clay, loam, shale, alkali, organic matter or other deleterious substances.

E. Coarse aggregate shall consist of clean, hard, fine grained, sound crushed rock or gravel, which does not contain more than 5% by weight of flat, chip- like, thin, elongated, friable or laminated pieces. Any piece having a major SECTION 03 30 53 - MISCELLANEOUS CONCRETE- 51
52108
dimension in excess oftwo and one-half (2 1/2) times the average thickness and which will adversely affect the strength of the concrete shall not be used.

Water shall be clean and free from deleterious amounts of acids, alkalis, and organic materials.

Imprint pattern and color shall be as noted on the plan under construction materials schedule.

H. Each component of the concrete mix shall be supplied from the same source for the entire project.

2.02 PROPORTIONS AND MIXING
The concrete shall be composed of cement, sand and coarse aggregate in the proportions as determined by the testing laboratory. Cost of mix design shall be borne by Contractor.

Slump: Adjust quantity of water so concrete at time of placing does not exceed the following slumps when tested according to ASTM C143. Use the minimum water necessary for workability required by part of structure being cast.

Part of Structure Maximum
Slump Inches
Maximum Water-
Cement Ratio
Footings, foundation walls, and
mass concrete, not reinforced
4 0.6
Slabs on grade, reinforced and
non-reinforced
3 0.45
Reinforced concrete over 8" thick 4 0.5
Reinforced concrete 8" or less
thick
4-1/2 0.5
All other concrete 4 0.5
The concrete shall be mixed as follows:

1. Each transit mixer shall be equipped with automatic devices for recording the number of revolutions of the drum prior to completing the mixing, with peripheral drum speed of approximately 200 feet per minute.

2. Transit-mix concrete shall be mixed for a period of not less than ten (10) minutes. At least three (3) minutes of the mixing period shall be immediately prior to discharging at the job.

SECTION 03 30 53 - MISCELLANEOUS CONCRETE- 52
53109

3. Transit-mix concrete shall not be delivered to the work with the total specified amount of water incorporated therein. Two (2) gallons of water per cubic yard shall be withheld, and may be incorporated in the mix, before the concrete is discharged from the mixer truck.

4. The concrete, at time of placing, shall be in such condition that it can be properly placed.

2.03 MISCELLANEOUS CONCRETE
A. Concrete band
PART 3: EXECUTION

3.01 PLACING CONCRETE
A. Before the placing of any concrete, all forms shall be thoroughly cleaned and wet. Concrete shall be poured into forms immediately after it is mixed, so that no separation will occur. No concrete which has stood for more than fiffeen(15)minutesafferleavingthemixershallbeused. Concreteshallbe rejected if not placed in its final position within ninety (90) minutes after water is first added to the batch.

B. Maximum free drop of concrete shall not be more than 5'-0" Use tremies in deep sections.

C. The location of all stoppages shall be approved by the Engineer.

D. The flow surface of the freshly poured concrete shall be level whenever any pour is stopped and tight dams shall be built as necessary to accomplish this result. Construction joints shall be made only when unavoidable, and then only at the point determined by the Engineer. Details of such joints shall be as directed by the Engineer.

E. Before the placing of any concrete, the surface of the previously poured concrete shall be clean, wet and free of oil or any other contamination.

F. Install concrete and cement finish work true to lines, dimensions, levels, and finish with smooth unblemished surfaces for exterior finishes specified on Plans.

G. Remove and replace defective concrete or cement work with new materials.

Permission to patch any defective area shall not be a waiver of the right of SECTION 03 30 53 - MISCELLANEOUS CONCRETE- 53
54110
the City to require complete removal of defective work if patching does not restore quality and appearance of work.

H. No advertising impression, stamp, or mark of any description will be permitted on surface of concrete or cement finish.

3.02 CONCRETE FINISH
Compact and tamp concrete as specified to bring 3/8" of mortar to surface, wood float to straight edges and screeds, and apply following finishes. Do not use steel or plastic floats of any kind for initial floating operations.

Unless otherwise specified, do not apply finishes until surface water disappears and surface is sufficiently hardened. Remove any bleed water and laitance as it appears.

B. The color for concrete paving shall be as shown on plans.

3.03 EXPANSION AND CONTROL JOINTS
Expansion joint material shall be as noted on the Plans.

Locate expansion and control joints to least impair the strength and appearance of the structure. In no case place an intersecting construction joint in such a way that two intersecting walks are separated by a construction or control joint at the point of intersection. Transition curves shall be part of a continuous pour of the intersection slab.

L Expansion joints shall be a maximum of twenty feet (20') apart, with control joints a maximum of ten feet (10') from expansion joints.

Exception to this are specialty work joints which will be laid out as shown on the Plans.

2. The Contractor shall obtain the Engineer's approval of layout showing proposed location of joints before pouring concrete.

C. Caulking of expansion joints where called for on the Plans shall be done with a non-tracking, multi-part flow type, self-leveling, polyurethane sealant manufactured by Chem-Seat, Grace, 3-H or approved equivalent.

1. Color shall match the color of the concrete where the expansion joint occurs unless shown otherwise on the plans.

2. Caulking shall be done by an experienced
workmanlike manner, in smooth straight runs,
cleaning and priming joints.
applicator in a
after thoroughly
SECTION 03 30 53 - MISCELLANEOUS CONCRETE- 54
55111

3. All work shall be done in strict accordance with manufacturer's printed recommendations. Do not permit traffic to travel over seated joints until sealer has fully cured.

3.04 QUALITY' CONTROL
Smoothness tolerance exterior concrete finish surfaces shall be of such smoothness and evenness that they shall contact the entire length of a I O' straight edge laid in any direction, with an allowable tolerance of 1/8 inch.

Any operations necessary to achieve this result shall be performed by the Contractor at no additional cost to the City.

B. Inspections will be provided as necessary. Call for inspection two (2) working days prior to need.

The Contractor shall call for inspection during specific phases of construction. They shall include:

1. All form work prior to pouring.

2. All footings prior to pouring.

3. Subgrade prior to pouring.

4. Drag form approval.

5. At beginning of imprinting.

Contractor shall notify the Engineer twenty-four (24) hours prior to pouring any concrete.

E. Any work covered prior to inspection shall be opened to view by the Contractor at his expense.

3.05 TESTING
Compression tests of concrete shall be made as required by the Building Code except that compression tests of any grade of concrete shall be made whenever the quantity of that grade used in the project exceeds 25 cubic yards. At least two identical cylinders of each grade of concrete shall be taken of each 100 cubic yards of concrete or fraction thereof placed in the work. The cylinders shall be tested in a testing laboratory and test reports submitted to the City.

SECTION 03 30 53 - MISCELLANEOUS CONCRETE- 55
56112
Storage of test cylinders on the site and after delivery to the testing shall be in accordance with ASTM Designation C31.

Should the strength by test fail, the mix shall be adjusted so that the resulting concrete shall comply with the minimum requirements, and all additional expense resulting from such adjustment shall be borne by the Contractor.

Should the strength of any grade by test fall below minimum, concrete from the defective pours which is in place may be tested by the core method. If such tests show the concrete to be defective, the concrete shall be removed and replaced or adequately strengthened as required under the governing Code. All expenses involved shall be borne by the Contractor.

Testing of concrete shall be at the discretion of the Engineer.

PART 4: PAYMENT

4.01 MISCELLANEOUS CONCRETE
Payment for Miscellaneous Concrete will be considered as included in the lump sum contract price for each bid item the work as preformed and no additional compensation will be made therefor.

END OF SECTION
SECTION 03 30 53 - MISCELLANEOUS CONCRETE- 56
57113
SECTION 05 7313 - ORN AMENT AL TUBULAR STEEL FENCES PART 1: GENERAL

1.01 DESCRIPTION
Tube Steel Fence
I .02 RELATED SECTIONS
Section 03 1113 - Concrete Formwork
Section 03 30 53 - Miscellaneous Concrete
The Standard Specifications for Public Works Construction, "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the City.

1.03 SUBMITTALS:

A. Shop Drawings: Layout of fence and gates with dimensions, details and Tinishes of component accessories and post foundations.

Product Data: Manufacturer's catalogue cuts indicating material compliance and specified options.

C. Samples: Color selections for finishes. If requested, samples of materials, (e.g. finials, caps, and accessories).

PART 2: PRODUCTS

2.01 MANUFACTURER
A. Products from qualified manufacturers having a minimum of 5 years experience manufacturing ornamental picket fencing.

Ornamental Picket Fence:

Style: Per detail - see plans
Height: Per detail - see plans
SECTION 05 73 13 - ORNAMENTAL TUBULAR STEEL FENCES - 57 58114

2.02 TUBE STEEL PICKETS, RAILS AND POSTS
Pickets: Per plans
Rails: Per plans
Posts: Per plans
Apply cold zinc galvanizing compound to coat all damaged galvanized finish or field welds
Finish; Hot-dip Galvanized
In accordance with ASTM A123 Grade 85, for steel and iron products; use ASTM A1 53, Class B2, for steel and iron hardware.

Fabricate items for galvanizing in one piece in greatest extent possible for separate panels. Field welding of galvanized main components will not be permitted.

Surfaces shall be free of icicles, spangles and puddling. Provide venting holes at all enclosed sections; Drilled holes are acceptable.

Locate venting holes at a low point to prevent rainwater from entering and standing water. See drawings and schedules for extent of steel items to be provided with a galvanized finish.

PART 3: EXECUTION

3.01 EXAMINATION
A. Verify areas to receive fencing are completed to final grades and elevations.

Ensure concrete alignment and elevations are clearly established.

3.02 INSTALLATION
Install fence in accordance with these plans and specifications.

B. Space posts uniformly at 8' on center unless otherwise indicated.

C. Concrete Set Posts: All post will be set in a concrete footing as indicated in detail. Construct concrete footing as indicated in detail.

D. Gate Posts and Hardware: Not applicable on this project SECTION 05 7313 - ORNAMENT AL TUBULAR STEEL FENCES - 58 59115
E. Check each panel for vertical and top alignment, and maintain in position during placernent and finishing operation.

F. Permanently attach caps to the tops of all pickets and posts to prevent removal.

3.03 CLEANING
Clean up debris and unused material and remove from site.

PART 4: PAYMENT

4.01 TUBULAR STEEL FENCE
Payment for Tubular Steel Fencing will be considered as included in the lump sum contract price for each bid item the work as preformed and no additional compensation will be made therefor.

END OF SECTION
SECTION 05 73 13 - ORNAMENT AL TUBULAR STEEL FENCES-59 60116
SECTION 12 93 00 - SITE FURNISHINGS AND MISCELLANEOUS MATERIALS PART 1- GENERAL

1.01 DESCRIPTION
Provide all labor, materials, tools, transportation and incidentals to provide and install Site Furnishings and Miscellaneous Materials as indicated on the Plans and as herein specified.

Related Section.

Section 033053: Miscellaneous Concrete
Section 031113: Concrete Formwork
The Standard Specifications for Public Works Construction, "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the City.
1 .02 QUALITY ASSURANCE
Shop Drawings: Provide shop drawings for each component and each item of site furniture. Shop drawings shall indicate layouts, component locations, dimensions, set-backs, details of assembly, anchors, footing details and al) appurtenances required to assemble components. Three (3) sets of shop drawings shall be submitted to the City within twenty-one (21 ) calendar days after award of contract.

Product Data: Provide data on all site furnishings, equipment and materials, including accessories, utility characteristics, connection requirements and product cut-sheets. Three (3) sets of product data shall be submitted to the City within twenty-one (21) calendar days after award of contract.

C. Manufacturer's Installation Instructions: Provide three (3) sets of the manufacturer's installation instructions to the City within twenty (21) calendar days of award after the contract.

All vendors, suppliers, and manufacturer's representatives and the associated addresses, phone and fax numbers on the Plans and in the Specifications, are listed for convenience only. They are subject to change and their inclusion in no way constitutes an endorsement by the City.

1.03 DELIVERY, STORAGE AND HANDLING
SECTION 12 93 GO SITE FURNISHINGS AND MISC. MATERIALS -60 117
Store and protect all site furnishings.

1.04 RELATED REQUIREMENTS
Obtain all permits (except permanent easements) and licenses and give notice and pay for all fees necessary to complete work under this Section as delineated or specified at no additional cost to City.

Manufacturer's directions, specifications and detailed drawings will be followed in all cases where the articles used furnish directions and cover points not delineated on the Plans or in the Specifications.

The Specifications only indicate the quality and workmanship to be performed rather than a detailed description of the performance of the work.

Install said site furnishings, materials and equipment in such a manner that they will operate efficiently and evenly.

In the event of any discrepancies between the Plans and the Specifications, the final decision as to which will be followed shall be made by the Engineer, or his designated representative. In the event the installation is contradictory to the direction of the Engineer; the installation shall be rectified by the Contractor at no additional cost to City.

1.05 REGULATORY REQUIREMENTS
The work shall conform to Americans with Disabilities Act (ADA), u.s.

Consumer Product Safety Commission-Public Playground Handbook for Safety and California Disabled Access Regulations-Title 24. The Contractor shall be responsible for compliance and provide written documentation for compliance to the Engineer upon installation of all equipment and material governed by said regulations.

All work shall conform to the City standards for public construction and any other agency's standards for public construction having jurisdiction over the work.

Provide certificate(s) of compliance from authority(s) having jurisdiction over the work. The certificate(s) shall indicate approval of products and their installation. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials.
1 .06 SAMPLES AND SUBSTITUTIONS
A. All workmanship, equipment, materials, and articles incorporated shall be the best available grade of their respective kind.

SECTION 12 93 GO SITE FURNISHINGS AND MISC. MATERIALS -61 62118
Provide a sample of each component specified. Accepted samples may be used in the Work.

Submit three (3) sets of a typewritten list of equipment and materials as specified to the Engineer within twenty-one (21 ) days affer award of contract. This list shall give the name, model number, and manufacturer, and shall be accompanied by cut sheets or reproductions of catalog pages for all of the equipment and material to be installed.

Substitutes must be approved a minimum of 10 days prior to the bid date.

Any approval of alternate manufacturer shall be through an addendum prior to the bid date and shall not be allowed without written notification.

Alternate suppliers shall meet the requirements of the specified product and shall provide proof of equivalency.

Approval of substitutions will not relieve the Contractor from complying with the requirements of the Contract Documents, Plans and Specifications. Pay at Contractor's sole expense for all changes caused by approved substitutions which affect other items of work.

PART 2 - PRODUCTS

2.01 MATERIAL
Whenever a material or process is delineated or specified by patent, proprietary name or process, or manufacturer's name, such specifications are used for the purpose of facilitating the description of material or process desired.

B. Information pertaining to the product as to the manufacturer, material, model, color, finish, etc. is shown on the plan.

2.02 COMPONENTS
Poly Cap Fence Guard
B. Backstop Replacement Planks/Boards
SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -62 63119
PART 3 - EXECUTION

3.01 EXAMINATION
A. Verify site conditions and surfaces are ready to receive work.

B. Verify that layout and site are compatible.

3.02 PREPARATION
A. Layout and stake locations of components for approval by Engineer prior to installation.

B. Review layout requirements with other affected work.

3.03 INSTALLATION
A. Install in accordance with City standards and manufacturer's instruction.

B. Provide concrete footings for site furnishings as detailed on the Plans or as herein specified.

C. All items listed under part 4, payment and the price bid for each item shall be installed as shown on the construction plans, construction details, and as specified herein.

3.04 SITE CONDITIONS
Promptly repair damage to facilities caused by construction operations.

Cost of repair at Contractor's sole expense.

PART 4 - PAYMENT

4.01 POLY CAP FENCE GUARD
Payment for Poly Cap Fence Guard will be made at the contract unit price per lineal foot (LF) as set forth in the bid schedule.

4.02 BACKSTOP REPLACEMENT PLANKS
Payment for the removal, replacement and painting of all backstop replacement planks/boards will be considered included in the lump sum contract price for each bid item the work was preformed, and no additional compensation will be made therefor

END OF SECTION
SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -63 64120
SECTION 32 31 13- CHAIN LINK FENCE
PART 1: GENERAL

1.C)I DESCRIPTION
The General Provisions shall apply to all Chain Link Fence work. The Contractor shall provide all labor, materials, tools, transportation, equipment and incidentals necessary to perform work as indicated on the Plans and as herein specified.

Related Sections.

1. Section 02750: Miscellaneous Concrete
The Standard Specifications for Public Works Construction, "Greenbook", latest edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook", unless otherwise determined by the Engineer.

Definitions.

1. City: City of South Gate

2. Engineer: City Engineer or the City Engineer's designated representative.

All vendors, suppliers, and manufacturer's representatives and the associated addresses, phone and fax numbers on the Plans and in the Specifications are listed for convenience only. They are subject to change and their inclusion in no way constitutes an endorsement by the City.

I .02 QUALITY ASSURANCE
A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials.

B. Manufacturer's directions, specifications and detailed drawings shall be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications.

SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -64 65121
C. The work included in this section will be done to the satisfaction of the Engineer. The decision by the Engineer as to the true construction meaning of the Plans and Specifications will be final.

D. Perform Work in accordance with ANSI/ASTM F567 and manufacture's specifications.

1.03 REFERENCES
A. ANSI/ASTMA123-Zinc(HotDipGalvanized)CoatingsonlronandSteelProducts.

B. ANSI/ASTM F567 - Installation of Chain Link Fence.

C. ASTMA116-Zinc-Coated(Galvanized)SteelWovenWireFenceFabric.

D. ASTMA'l20-Pipe,Steel,BlackandHotDippedZincCoated(Galvanized)Welded and Seamless, for Ordinary Uses.

E. ASTMA153-ZincCoating(HotDip)onlronandSteelHardware.

F. ASTM A392 - Zinc-Coated Steel Chain-Link Fence Fabric.

G. ASTM C94 - Ready-Mixed Concrete.

H. Chain Link Fence Manufacturers Institute (CLFMI) - Product Manual.

I. FSRR-F-191-Fencing,WireandPostMetal(andGates,ChainLinkFenceFabric, and Accessories).
1 .04 SYSTEM DESCRIPTION
A. Construct all chain link fencing items including but not limited to fencing, gates, dugouts, back stops, etc.

B. Fence Height: As indicated on the Plans.

C. Line Post Spacing: At intervals not exceeding ten (10) feet.

1.05 SUBMITTALS
A. Contractor to submit the following samples and product data for galvanized and PVC color coated chain link fencing for City approval prior to ordering of materials.

Submit sample within 21 calendar days of notice to proceed. Contractor to certify that furnished material meets specification requirements.

1. Shop Drawings: Indicate plan layout, spacing of components, post SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -65 66122
foundation dimensions, hardware anchorage, and schedule of components.

2. Product Data: Provide data on fabric, posts, accessories, fittings and hardware.

3. Submit two (2) samples in the required finish specified herein of the following:
a. I 2" square of fabric.
b. 6" length of each type and size of end and line posts.

C. 6" length for each size of bottom and top rails. d. Each fitting and accessory.

4. Manufacturer's Installation Instructions: Indicate installation requirements for post foundation, anchor bolt templates, gates, fabric and all appurtenances.
1 .06 QUALIFICATIONS
A. Manufacturer: Company specializing in manufacturing the products specified in this Section with a minimum of five (5) years documented experience.

B. Installer: Company specializing in installation of chain link fencing with a minimum of five (5) years documented experience.

1.07 MATERIALS AND FIELD MEASUREMENTS
A. It is strongly suggested that the contractor familiarize himself with the work to be performed to successfully execute the proposed improvements as indicated on the Plans prior to providing a bid estimate. Prior to bid, the contractor shall field verify lengths, dimensions and quantity of materials necessary to implement these improvements. Any questions or clarifications of improvements shall be immediately brought to the attention of the Engineer. Failure to do so will not relieve the Contractor of his responsibility to correct any improper installation.

PART 2: PRODUCTS

2.01 General. All materials and fittings shall be new, and all ferrous materials shall be coated in accordance with section 210-3 Galvanizing of the "Greenbook".

A. Finish: All steel components to be Galvanized.

SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -66 67123
The base material for the manufacture of steel pipe used for posts, braces, top rails, and gate frames shall conform to the requirements of ASTM F 1083. Schedule 40, for Class 1 or ASTM A 569 for Class IA. Class 1A steel shall have a minimum yield strength of 345Mpa (50,000 psi). All unit weights shall be subject to the standard mill tolerance of plus or minus 5 percent (see section 206-6.2 Materials for Posts, Rails, and Braces and Table 206-6.2 (A) in the "Greenbook".

2.02 Posts. Posts shall have a total length of not less than the depth of the concrete footing, as specified herein, plus the length required above ground. Where no top rail is required, pipe posts shall be fitted with suitable caps.

2.03 Top Rails. Top rails shall be furnished in random lengths of approximately (20 Feet) where required.

2.04 Galvanized Fabric. Chain link fabric shall conform to the requirements of ASTM A 392. The fabric shall be 3.8mm (9-gauge) for all fences.

Chain link fabric shall be woven into approximately (2-inch), or (l-inch) mesh, as stated on plans, and galvanized either prior to or after fabrication, unless otherwise specified.

Fabric shall have knuckled finish on top and bottom edges.

2.05 PVC Color Coated Chain Link Fabric. PVC Color Coated Chain Link Fabric shall be (9 gauge)
A. PVC Color Coated Chain link fabric shall be woven into approximately (1 %-inch) or (1-inch) mesh, as stated on plans. The PVC coating shall be thermally fused to the metallic coated steel. Refer to Plans for color.

Fabric shall have knuckled finish on top and bottom edges.

2.06 Tension Wires and Fabric Ties. Tension wires shall be at least (7-gauge) galvanized coil spring steel wire.

A. Ties used to fasten the fabric to posts, rails, and gate frames shall be not smaller than 3.lmm (9-gauge) galvanized steel, (6-gauge) aluminum wire, or approved noncorrosive metal bands.

B. Tension bars used in fastening fabric to end and corner posts and gate frames shall be galvanized high carbon steel bars not smaller than (3/8 inch) by 49mm (3/4 inch).

SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -67 68124

2.07 Truss or Tension Rods. Truss or tension rods used in trussing gate frames and line posts adjacent to end corner, slope or gate posts shall be adjustable (3/8- inch)-diameter galvanized steel rod. When used in trussing line posts, adjustment shall be provided by means of galvanized turnbuckles or other suitable tightening devices.

2.08 Fittings. All required fittings and hardware shall be galvanized.

A. Couplingstoconnecttheindividuallengthsoftoprailshallbeoftheoutside sleeve type and at least 7 inches long. The bore of the sleeves shall be sufficiently true to maintain adjacent lengths of rail in alignment.

B. Caps shall be cast steel galvanized sized to post diameter with a set screw retainer. Caps designed to fit securely over the posts and carry a top rail where specified.

PART 3 EXECUTION

3.01 INSTALLATION
A. Procedures.

1. Install framework, fabric, accessories and gates in accordance with ANSI/ASTM F567 and manufacturer's instructions.

2. Set gates and posts plumb, in concrete footings with top of footing 6 inches below finish grade. Slope top of concrete for water runoff.

3. Line Post Footing Depth Below Finish Grade: ANSI/ASTM F567.

4. Corner, Gate and Terminal Post Footing Depth Below Finish Grade:

ANSI/ASTM F567.

5. Brace each gate and corner post to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts.

6. Provide top rail through line post tops and splice with 6-inch-long rail sleeves.

7. Stretch fabric between terminal posts or at intervals of 100 feet maximum, whichever is less.

8. Position bottom of fabric no more than 2 inches above finished grade.

SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -68 69125

9. Fasten fabric to top rail, lirie posts, braces, and bottom tension wire with tie wire at maximum 15 inches on centers.

10. Attach fabric to end, corner, and gate posts with tension bars and tension bar clips.

11. Provide concrete center drop to footing depth and drop rod retainers at center of double gate openings.

12. Install fabric toward field side of fence.

B. Top and Bottom Rails

1. Fence shall have top and bottom rails.

2. Top rails shall run continuously through post caps.

C. Fabricate all fabric, posts, gates, brackets and accessories prior to delivery to site. Align fence panels and gates between posts and firmly attach per plan details. Ensure fabric, gates, and posts remain plumb.

3.02 INSTALLATION TOLERANCES
A. Maximum Variation from Plumb: 1/4 inch.

B. Maximum Offset from True Position: 1 inch.

C. Components shall not infringe on adjacent property lines.

3.03 GATE INSTALLATION
A. lnstallgatesplumb,levelandsecureforfullopeningwithoutinterference.

B. Attach hardware by means which will prevent unauthorized removal.

C. Adjust hardware for smooth operation.

3.04 CLEANING
Clean up debris and unused material, and remove from site.

PART 4: PAYMENT

4.01 CHAIN LINK FENCING & GATES
SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -69 70126
Payment for Chain Link Fencing and Gates will be considered as included in the lump sum contract price for each bid item the work was preformed and no additional compensation will be made therefor.

4.02 PVC COLOR COATED FENCING & GATES
Payment for PVC Color Coated Chain Link Fencing and Gates will be considered as included in the lump sum contract price for each bid item the work was preformed and no additional compensation will be made therefor.

END OF SECTION
SECTION 12 93 00 SITE FURNISHINGS AND MISC. MATERIALS -70 71127
CITY OF SOUTH GATE: CITY CLERK OFFICE
BtD OPENiNG FOR: SG PARI( FENCE REPLACEMENT, CITY PROJECT N0. 550-PRK, FEDERAL HUD N0. 728 September 14, 2023 10:00 a.m.

I BIDDER NAME _BASE
.BID

ALTERNATE
BID A
ALT.ERNAI,E
BID B a

ALTERNATE
BID CI Conservation Corps of Long Beach
-325-1E.-1-9'!!-St -- - - -,
Signal Hil], CA 90755 '-'-i'lg'i""gt'r
$ $ $__
2 Quality Fence Co.
14929 GarfieLd Ave
Paramount, CA 90723
$"'
/, a7s'._'s /"1(")0. 6 Cl
$ $ $
3 , Izurieta Fence Company
3000 Gilroy Street
Los Angeles, CA 90039
i/ - " / '-" -
2/g 70, 000.(y
$ $ $
4 s t $ $ $
hpp,=w'nrtowbsrmsrionsnetbsnonbg:(?!Jz [,'*1 E>y'ie.e (2{") BY: LIW k// a Glaze, City Cl
By: ]5d' (,
Steve Costley, Project anager
128
Item No. 6
CITYMANAflER'S OFFICE
OCT 1-7 2023
(@:CX>{)n- Ciffl of South Gate

CITY COUNCIL

AGENDA BULL
For the Regular Meeting of: October 24, 2023
Originating Department:

Department Director:
/;' /2' I Q A
Darren Arakawa \ Chris Jeffers
SUBJECT: AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC., FOR

CROSSING GUARD SERVICES
PURPOSE: To enter into an agreement with All City Management Services, Inc., for Crossing Guard Services to continue to provide for the safety of students, parents, and staff as they walk to and from school, and to ensure that designated intersections are controlled and monitored during peak periods of pedestrian presence.

RECOMMENDED ACTION: The City Council will consider:
a. Approving an Agreement with All City Management Services, Inc. ("ACMS"), for crossing guard services for a one (1) year ten'n effective July 1, 2023 - June 30, 2024; and b. Appropriating an additional $32,099.16 from the General Fun unallocated fund balance for the Crossing Guard Program; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: ACMS has increased rates commensurate with the cost of living and rising operational costs. These price increases are reflected in an increase from $25.19 per hour in fiscal year 2022-2023 to $29.21 per hour in fiscal year 2023-2024. Funds of $584,115 were initially budgeted from the Crossing Guard Program for crossing guard services during the FY2023-2024 budget process. However, the total annual projected costs of services for this service contract are $616,214,16, an increase of $32,099.16. Reflected in the increased cost is the addition of two crossing guard locations for Willow Elementary and the hourly rate increase.

BACKGROUND: SinceAugustofl994,theCityhascontractedwithACMStoprovidecrossing guard services throughout the city. The decision to contract this operation was based on cost savings and increased operational services. The responsibility of adequately staffing school crossing locations, if a crossing guard was unable to fill his/her shift, was that of the Police Department and a sworn police officer would often be pulled off the streets to provide coverage.

By utilizing this third party, the Police Department transfers the staffing responsibility to ACMS.

Additionally, the department has been veiy satisfied with the services provided by ACMS.

Although the South Gate Police Department has been satisfied with the service provided by I
129
ACMS, the opportunity to evaluate similar services and pricing from another contractor was recently explored. Staff conducted research and found that ACMS is essentially the only vendor in the area that can provide services on the scale required by the City of South Gate. ACMS has provided the City with outstanding service for over 20 years, as well as being immensely responsive to the City's needs and requests.

ATTACHMENTS: A. Proposed Agreement (including Exl'iibit A) B. Pricing Letter and Intersection locations from ACMS for FY2023-24 2 130

ATT ACHMENT A

AGREEMENT FOR PROFESSIONAL SERVICES FOR CROSSING

GUARD SERVICES BETWEEN THE CITY OF SOUTH GATE AND ALL CITY MANAGEMENT SERVICES, INC.

This Agreement for Professional Services for Crossing Guard Services ("Agreement") is made and entered into on July 1, 2023, by and between the City of South Gate, a municipal corporation ("City"), and All City Management Services, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECITALS
WHEREAS, City desires to retain a qualified provider for certain services relating to crossing guard services; and
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perforin the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

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

2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of Six Hundred Sixteen Thousand, Two Hundred and Fourteen Dollars ($616,214) as described in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional sei'vices rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the Chief of Police or his/her designee.

2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.

2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.
5116863.1-L235.0 (Fonn Rev. 9/8/21) 3
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2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.

3. TERM OF AGREEMENT. This Agreement is effective as of July 1, 2023, and will remain in effect for a period of one-year, through and including June 30, 2024, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.

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

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

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

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

6. GENERAL TERMS AND CONDITIONS.

6.1 Termination for Convenience. City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.

6.2 Termination for Cause.

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

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

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

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

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

6.4 Non-Discrimination.

6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of to race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are 5 133
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employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.

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

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

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

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

6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers and employees. c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon 6 134
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thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this Agreement.

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

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

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

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

6.8.2 Indemnification of CalPERS Detemiination - In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemni'fy, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.

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Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.

6.9 Consultant's Personnel.

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

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

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

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

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

6.11 Legal Construction.

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

6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 8 136
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6.11.3. The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.

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

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

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

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

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

6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or 9 137
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breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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

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

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

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

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

TO CITY:

City of South Gate
Darren Arakawa, Chief of Police
8620 California Avenue
South Gate, CA 90280
Email: darakawa(2A,sogate.org
TEL: (323) 563-5408
WITH COURTESY COPY TO:

City Clerk's Office
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze(a:.so,gate.org
TEL: (323)563-9510
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TO CONSULT.=!U'SJT:

Demetra Farwell
Corporate Secretary
All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA, 90670
Email: demetra(atliecrossingguardcoml"iany.com
TEL: (424)298-9307
6,22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.

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

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

7. EFFECTIVE DATE. The effective date of this Agreement is July 1, 2023, and will remain in effect through and including June 30, 2024, unless otherwise terminated in accordance with the terms of this Agreement.
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