South Gate City Council
July 9, 2024

of this Agreement in any of the following circumstances:
a.
b.

If Consultant fails to perfori'n the services required by this Agreement within the time specified herein or any authorized extension thereo'f; or
If Consultant fails to perfon'n the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) a'Jier receipt of notice from City specifying such failure.

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

6.2.3 IfthisAgreementisterminatedasprovidedaboveinSubsection6.2.1,City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation, surveys, models, or other similar documentation prepared by.

Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work perfonned 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 Subsection6.2.l above,itisdetermined,foranyreason,thatConsultantwas not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1 above.
6,3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.

6.4 Non-Discrimination.

6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the perforinance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, County, and City governrnents. 137
Agreement for Professional Services
Gannett Fleming, Inc.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment witliout regard to their race, color, religion, ancestiy, sex, national origin, disabled or age. Consultant will take affirmative action to ensure tliat 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 not limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, ternnination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

6.4.2 The provisions of Subsection 6.4.1 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive OrderNo. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.

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

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

6.5.2 Comprehensive general and automotive 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 or authorized to do business in the State of California or which is approved in writing by City. b. Name and list as additional insured 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 or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this 138
Agreement for Professional Services
Gannett Fleming, Inc.

Agreement.

6.6 Indemnification. Consultant agrees to indeiniiify, defend and hold liarmless 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 perfon'nance 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 tlie federal, state, county and city governments, without regard to conflict of law principles.

6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between City and Consultant.
6,8,1. Consultant shall be an independent Consultant and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.

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

6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. 139
Agreement for Professional Services
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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 the Consultant.

6.9 Consultant's Personnel.

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

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

6.9.3 Consultant shall be responsible for payment of all employees' and subcontractor's 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 the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection with the work performed arising from this Agreement.

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 the same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
140
Agreement for Professional Services
Gai'inett Fleming, Inc.

6,11.3 Thearticleandsection,captionsandheadingshereinliavebeeninsertedfor 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 herein.

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, subcontractors 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, subcontractors and agents. 6,14 Corrections. Inadditiontotheaboveindemnificationobligations,Consultantshall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant.

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

6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any 141
Agreement for Professional Services
Garu'iett Fleming, Inc.

default or breach and/or period of time specified. All of the remedies perinitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and altei'native, and invocation of any such right or remedy sliall not constitute a waiver or election of remedies with respect to any otherpennitted or available right of remedy.

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

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

6.19 Attorney's Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attoi'ney's 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 attorney's fees and costs in addition to all otherreliefto which that Party or those Parties may be entitled.

6.20 Entire Agreement and Amendments. This Agreement, including Exhibits "A" and "B" hereto, which are incorporated herein by this reference, 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 confin'nation of delivery, and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
142
TO CITY:

City of South Gate
Arturo Cervantes
Assistant City Manager/Director of PW
Public Works Department
8650 California Avenue
South Gate, CA 90280
E-mail: acervante4sogate.org
Telephone No. (323) 563-9567
TO CONSULTANT:

Ed Durazo, CCM, Vice President
Garu'iett Fleming, Inc.
1730 W. Cameron Ave, Suite 219
West Covina, California 91790
Email: edurazo(24gfnet.com
TelephoneNo. (626) 926-1568
Agreement for Professional Services
Gannett Fleming, Inc.

WITH COURTESY COPY TO:

City of South Gate
Yodit Glaze
City Clerk
City Clerk's Office
8650 California Avenue
South Gate, CA 90280
E-mail: yglaze@)sogate.org
Telephone No. (323) 563-9511

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

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

6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this Agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue. [Remainder of page left blank intentionally.]
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Agreement for Professional Services
Gannett Fleming, Inc.

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

CITY OF SOUTH GATE:

B7:

Gil Hurtado, Mayor
Dated:

ATTEST:

By:

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

By:
r ,/
Rail F. Sal(nas, City Attorney
GANNETT FLEMING, INC.:

BY:

Bdward Durazo, CCM, Vice President
Dated:
144
Exhibit A

CONSTRUCTION MANAGEMENT SERVICES FOR THE

TWEEDY MILE COMPLETE STREETS PROJECT
iiB
fllllf
145
it
Cover Letter
Corporate Documentation
1 Qualifications and Experience
Scope of Work and Project Approach
Resource Allocation Matrix
Resumes
1 2
3 11
19 Fee Proposal (Separately Sealed Envelope)
146
i.
i COVER LETTER
147
May 9, 2024
City Clerk's Office
Attn: Arturo Cervantes, PE
Assistant City Manager/Director of Public Works
8650 California Avenue
South Gate, CA 90280
u" ?:'Us

CONSTRUCTION MANAGEMENT SERVICES FOR THE TWEEDY MILE COMPLETE STREETS PROJECT, CITY PROJECT N0. 614-ST, FEDERAL PROJECT NO. ATPL 5257 [039] Dear Mr. Cervantes:

As Tweedy Boulevard is a main aiterial that experiences high volumes of motorist and pedestrian traffic, the City of South Gate needs a qualified team of professionals to manage the construction of this infrastructure and landscape improvement project. With this in mind, the Gannett Fleming, Inc. (Gannett Fleming) team offers several differentiators that make us the best qualified firm to represent the City:

Proven performance and no learning curve. Highly competent Construction Manager Steve {fflffiff% Quezada, PE, QSP, brings demonstrated capability and expertise in working as an extension of W City of South Gate staff for projects including Long Beach Boulevard Green Street Improvements and the Garfield Avenue Complete Street Improvements. %l/
;4 We are knowledgeable about your concerns. These include traffic control; safety for 4% pedestrians, motorists, and cydists; maintaining business access; effective public relations; and q cost-effectiveness.
*** Experienced,flexibleteamforyourfast-pacedproject.Ourentireteam,especiallyour 4% fCaomn.lsltlarurcWt:othnsMtaakneahgoel,reursndfreormstaOnudrspCreitVy.lO'susstaenXdpae:dies,npCerocedures, and requirements, and is Leading the Gannett Fleming team, Steve has more than 31 years of experience in the transportation field which includes major urban arterial widening and improvements, utility relocations, signal installation, and capital improvement projects. Steve brings proven results from managing current and past projects for the City of South Gate, including more than 15 new and upgraded traffic signal installations. With vast knowledge and experience working with the City, Steve is ready to lead the team immediately to deliver another successful project.

Gannett Fleming has not been the subject of any legal investigation by County, State, and/or Federal agencies within the last 5 years. We are willing to execute the contract and do not set forth any exceptions to the contractual requirements. Steve will be your point of contact during the proposal process and may be reached at 909.21 5.5788 or at [email protected].

At the end of the day, we know that you are looking for staff that can become a part of your team and intertwine with City staff, driving success and innovation. I may be reached via mobile at 626.926.1568, or email at [email protected] should you have any questions.

Sincerely,
GANNETT FLEMING, INC.

Ed Durazo, CPM
Vice President, Regional Manager Southern California 15345 Fairfield Ranch Rd., Suite 140 l Chino Hills, CA 917(Y) l 626.926.1568 i www.gannettfleming.com 148

CORPORATE

DOCUMENTATION
149

CORPORATE DOCUMENTATION

ORGANIZATIONAL STABILITY
Gannett Fleming, incorporated in Delaware
in 1989, has been in business since 1915,
illustrating our long-term stability as a firm.

With more than a century of experience and
3,000 employees nationwide, we have 650+
construction management and inspection
professionals and more than 700 registered
professional engineers on staff. Our firm has
the depth of staff and breadth of experience
to provide our clients with integrated
services on projects of any size. The diverse
expertise of our staff allows us to draw
on specialized personnel to meet unique
project requirements.

Throughout our history, we have successfully
completed thousands of assignments across
the country. In the last 10 years, Gannett
Fleming has increased revenue from about
$286 million to over $775 million. We have
provided engineering services, program
management, construction management, and
inspection services for projects in excess of $4
billion in construction value.

Our long-term stability as a firm has allowed
Gannett Fleming to attract and retain top
industry talent who value our stability and
share our commitment to customer service.

We have a successful track record attracting
and retaining top talent to maintain continuity
of quality service by highly competent
staff. This is due in large part to our active
engagement with employees, alignment of
career opportunities with employee interests,
and a commitment to employee development.

The personnel we have proposed for your
project have diverse backgrounds in different
types of capital improvement and development
projects, which offers a plethora of technical
know1edge available to the City of South Gate.

The stability in our team allows
Gannett Fleming to leverage its
previous experience working with
the City, providing continuity in our
understanding of the City's needs
and in our ability to ensure those
needs are fully met.

In addition, Gannett Fleming maintains a
pool of qualified inspectors who work on
an as-needed basis plus a pool of qualified
candidates who provide the additional "bench
strength" when needed. We routinely receive
and review updated staffing availability and
maintain a teamwide availability report,
thereby allowing us to provide staffing
candidates with little notice. With this report,
we can easily match an individual's skills and
experience with our client's needs.

Financial Stability
Gannett Fleming is financially stable and has
the necessary financial resources to provide
the services required for this project. Our
latest audited consolidated balance sheet, as
of December 31, 2022, reflects total assets of
$645 million, working capital of $59 million,
and stockholders' equity of $216 million. In
addition, we maintain revolving credit facilities
at PNC Bank NA totaling $60 million, which
are available for borrowing and for letters of
credit in support of performance obligations
and advance payments on contracts.

GANNETT FLEMING
150
I
(IUALIFICATION AND

EXPERIENCE
u" ?:i'Ue
151

QUALIFICATIONS AND EXPERIENCE

OUR TEAM
The City's contract will require a construction
management team that has worked
successfully on similar projects, is technically
knowledgeable, can integrate seamlessly
with City staff, and has the right personalities
and approach to proactively and sensitively
address any concerns. Moreover, the
construction management team needs to be
flexible, proactive, and cost-effective. Equally
important, effective communication with
residents and businesses will be essential on
this project.

Gannett Fleming has assembled a
local, responsive team with exceptional
qualifications to meet the City's needs and
to enhance its transportation infrastructure.

Our technical expertise, combined with
the personal attention that Gannett
Fleming provides for each project, results
in unparalleled service, reduced costs,
and expedited project delivery. Our team
offers all the technical knowledge and
project management skills required to
respond quickly and successfully deliver.

Additionally, our personnel bring an in-
depth understanding of Caltrans and City
requirements and procedures, with ample
resources and knowledge to complete
this project.

We are proud of the relationships our team
has developed with City staff on current and
past, projects, and look forward to continuing
this relationship. Through our work on the
City's similar projects Long Beach Boulevard
(irppn ":itreet Improvements and the Garfield
Avenue Complete Street Improvements, our
team offers a strong knowledge of public
agency procedures and requirements. We
have demonstrated experience working
as an extension of City staff and providing
turn-key services with minimal direction.

KNOWLEDGABLE TRUSTED

ADVISORS

EXPERIENCED LOCAL

RESOURCES

AVAILABLE

GANNETT FLEMING
152
SECTION 2 I QUALIFICATIONS AND EXPERIENCE
Project Organization
Our team was assembled to provide the City with all the resources needed to peform this work in a timely and efficient manner and at the highest quality standards. Our proposed team is organized to provide consistency, eliminate redundancy, and maximize efficiency.

We will leverage the knowledge from past projects to overcome construction challenges and successfully complete this project. The organization chart below outlines the structure of our proposed team.

Beginning on the next page are brief summaries of our project team members that highlight their experience and qualifications. Resumes are provided in the Appendix.

Jose Loera.-TE
Labor Compliance
Chia-Chi Wang, PE, PMP, QSD
(DESI)
g'il&i" il
Construction Inspection
Warren Williams
Remi Nunez (Back Up)
153
SECTION 2 l QUALIFICATIONS AND EXPERIENCE
Identification of Principal Staff
Members and Availability
Summary of Qualifications and Experience
Ed has more than 30 years of experience
providing services for transportation
and water/wastewater related projects -
having provided services in the capacity of
contractor, project/construction manager,
contract manager, and QA/QC oversight.

He brings an active commitment to quality
standards and continuous improvement, and
an effective leadership style to all projects
with results his clients rely on. Ed has served
as the Principal-in-Charge on the City's Long
Beach Boulevard Green Street Improvements
and the Garfield Avenue Complete Street
Improvements projects.
> ProjectAvailability: 100%
Summary of Qualifications and Experience
Steve has more than 31 years of construction
industry experience in the transportation
field, which includes work associated with
major urban arterial improvements, capital
improvement projects, grade separations,
and freeway interchanges. He has a Bachelor
of Science in Civil Engineering from the
California State University. Steve has provided
turn-key services to the City and has worked
as an extension of City staff, serving as
Construction Manager for the City's Long
Beach Boulevard Green Street Improvements
and the Garfield Avenue Complete Street
Improvements projects. Steve also served
as Resident Engineer for various similar
intersection and roadway projects for the
City. He brings an in-depth understanding of
public agency procedures and requirements,
as well as construction management
and resident engineering services for
grinding and overlaying and ADA ramp
construcUon pro3ects.
k Project Availability: 100%
Summary of Qualifications and Experience
Warren has more than 40 years of experience
in public works construction that includes
serving in management roles with several
cities, functioning as a consultant inspector,
and working as a contractor. He has provided
services that include construction inspection
and supervision, scheduling, estimating,
contract change order management,
contractor payment approval, budget
management, public relations, and permitting.

Warren has served as a Construction Inspector
for the City's Long Beach Boulevard Green
Street Improvements project.
> PmjectAvailability: 100%
REMI NUNE7

BACK UP CONSTRUCTION INSPECTOR
Summary of Qualifications and Experience
Remi has 41 years of experience in the
public works industry providing inspection
services on pavement rehabilitation;
sidewalks, driveways, water main and service
installations; curbs and gutters, retaining
walls, street excavation and patchwork;
drainage facilities, landscape irrigation, traffic
signal installations, street lighting systems;
street painting; and street and traffic sign
installations. He has provided inspection for
the City of Cypress and City of Fontana.
r Project Avaigability: 100o*

GANNETT FLEMING
154
SECTION 2 I QUALIRCATIONS AND EXPERIENCE
Subconsultants
As Construction Manager, Steve will meet
regularly with our subconsultants to discuss
project goals, communicate/confirm project
progress, and promote team building. He
will also routinely perform QA/QC reviews
and reasonableness checks of their work.

Steve will establish schedule, scope and fee
commitments from all our subconsultants.

DES@, sDeyrnva:eisc, Elnncgi(nDeEesriln) gw'ill
-a'- provide labor compliance.

Founded in 2008, DESI is a professional
construction management firm located in the
City of Corona. DESI has provided
construction management services to local
agencies specializing in construction
management, contract administration, and
quality assurance inspection services for
transportation related improvement projects.

DESI's expertise includes labor compliance
monitoring and prevailing wage enforcement,
traffic signal, street and highway lighting, fiber optic communication, and CCTV systems
coordination and inspection. DESI is a
Certified Small Business Enterprise (SBE),
Women-Owned and Minority Business
Enterprise (W/MBE), Disadvantaged Business
Enterprise (DBE), and Underutilized Business
Enterprise (UDBE).

Chia-Chi has more than 34 years of
construction management experience,
including expertise in labor compliance
monitoring and prevailing wage enforcement.

Her experience includes verifying employee
Certified Payroll rates with DIR Rate
Determination for each classification and
Employee Interview Reports; and verifying
contractors submit Certified Payroll Reports to
the DIR eCPR website and all contractors
working on a project are registered with DIR.
7%
'@TWINING Twining, Inc. (Twining) will
provide materials testing services. Established
in 1898 and headquartered in Long Beach,
Twining has seven state-of-the-art
laboratories and 150+ inspectors, more than
80 percent holding multiple inspection
certifications in various aspects of
construction, and the resources to staff every
project with experienced and professional
inspection personnel. In early 2022, Twining
was selected to provide materials testing and
inspection for the City of South Gate's SGPD
Fuel Station Project. During construction,
Twining provided concrete testing and
inspection, reinforced steel and in-field
sampling, field density testing, anchor and
dowel installation inspection, and pull/torque
testing. Twining prepared final materials
testing documents and final materials testing
document review after construction.

Amir is Twining's Director of Asphalt
Engineering and Pavement Design and has
more than eight years of experience in the
industry. He works closely with cities
statewide to develop unique and specialized
mix designs, pavement construction
inspections, and pavement design solutions.

ED[IIE PERE7 (TWININGI

MATERIAIS TESTING
Eddie brings more than 11 years of technical
expertise as a public works construction and
quality assurance manager. He serves as the
client's eyes and ears on public works
construction. He routinely attends construction
progress meetings with public agency officials
and contractors and reviews and ensures
adherence to construction plans and project
specifications. His experience encompasses all
aspects of public works construction with
particular emphasis on roadway projects.

GANNETT FLEMING
155
SECTION 2 I QUALIFICATIONS AND EXPERIENCE
Experience on Similar Projects
Gannett Fleming's team consists of highly
qualified individuals familiar with the range
of services related to the scope of work. By
selecting our team, the City of South Gate
will benefit from professionals who bring a
proven history of efficiently and effectively
managing comparable scopes of work; a staff
with multiple years of experience managing
and inspecting construction projects of all
sizes and degrees of complexity; and a work
environment that embraces innovation and
the adoption of cutting-edge technology
as it relates to changing methodology of
inspection and documentation.

Our team is fully qualified and experienced
in delivering the full scope of services,
including construction management,
construction observation/inspection, contract
administration, utility coordination, labor
compliance, and project close-out services.

Familiarity/Experience with Standards,
Procedures, and Requirements
Our team brings extensive experience working
for and with various state and local agencies,
including the City and Caltrans District 7. We
have experience with and understand Caltrans
practices, regulations, policies, procedures,
manuals, and standards, including compliance
with Federal Highway Administration
requirements, and City standards. For federally
funded projects, our team is well versed in the
Caltrans Local Assistance Procedures Manual
(LAPM). The projects that our team members
have managed have all passed local assistance
audits and secured reimbursement of local
agency funds.

Our team also offers experience identifying
potential claims issues, reviewing
claims for merit, documenting, making
recommendations, and implementing
procedures for reducing the likelihood of
disputes and claims. We are able to assist in
the resolution of disputes.

LONO BEACH BOULEVAHD GREEN

STREET IMPROVEMENTS
City of South Gate South Gate, CA
i!;11X)
CLIENT CONTACT: Kenneth Tang,
323 563 9574, ktang@sogate org,
8650 California Ave, South Gate. CA 90280
COMPLETION: Ongoing/On-time (2024)
COST: $7 5M
STAFF: Steve Quezada, Warren Williams,
Ed Diir,qzn
Gannett Fleming is providing construction
management and inspection services for Long
Beach Boulevard Green Street Improvements,
which consists of roadway paving (asphalt
and Portland cement concrete), striping,
raised median island with irrigation and
landscaping, concrete sidewalk, curb and
gutter replacement, curb ramps, decorative
concrete, concrete bus pads, concrete cross
gutters, tree wells, new signs and posts,
channelizers, utility adjustments, bioswales,
and ADA improvements. Services include
contract administration, construction
management, inspection, utility coordination,
labor compliance, support for the City in
providing public outreach, geotechnical and
material testing services, and project close-
out services.

GANNETT FLEMING
156
SECTION 2 l OUALIRCATIONS AND EXPERIENCE
(3ARF1ELD AVENUE COMPLETE STREET

IMPROVEMENTS
City of South Gate South Gate, CA
Gannett Fleming is providing construction
management and inspection services
for Garfield Avenue complete street
improvements, which consists of roadway
paving, striping, raised median island with
irrigation and landscaping, concrete sidewalk,
curb and gutter replacement, curb ramps,
and other concrete work, solar rapid flashing
beacons, bicycle lanes, bicycle racks, metal
pedestrian benches, and othei- hardscaping.

Services include contract administration,
construction management, inspection, utility
coordination, labor compliance, support
for the city in providing public outreach,
geotechnical and material testing services,
and project closeout services.

INTERSTATE-215/PLACENTIA AVENUE

INTERCHANGE IMPROVEMENTS
Riverside County Transportation
Commission (RCTC) l Perris, CA
Gannett Fleming, as a subconsultant, provided
construction advisory services to assist with
contract change orders and claims and project
close-out sei'vices. Previously, Steve Quezada
while with a former firm served as PM/RE for
the construction of this project involving a
new interchange at the 1-215 and Placentia
Avenue as the first phase of the Mid County
Parkway (MCP) project. MCP is a 16-mile
transportation corridor designed to relieve
local and regional traffic congestion in the
San Jacinto and Perris areas, and surrounding
Riverside County communities.

The project included:

Widening of the south sides of the existing
4-lane overcrossing and overhead structures.

New on- and off -ramps.

Realignment of Placentia and East Frontage
Road intersection.

Demolition of the existing south side of
both bridges, installation of CIDH piles,
cast-in-place prestressed box girder bridge,
and precast slab girder and cast-in-place
slab bridge.

New traffic signals, new street lighting,
drainage work, two detention basins, and
curb, gutter and sidewalk.

GANNETT FLEMING
157
SECTION 2 I OUALIFICATIONS AND EXPERIENCE

PASSONS BOULEVARD GRADE
SEPARATION PROJECT [BNSF]
City of Pico Rivera Pico Rivera, CA
Steve Quezada provided project management
and construction management services for
this $43M grade separation improvement
project consisting of the construction of a
steel girder beam with reinforced concrete
deck underpass structure for Passons
Boulevard; extensive utility relocations;
roadway reconstruction and new alignment;
and placement of a two-track, shoo-fly railway
configuration, and railroad coordination.

This work also consisted of demolition and
removal of structures. Duties also included
assisting the City with pre-construction
services including the E76 document; a
bid ability/constructability review; utility
coordination for relocations; final plans and
specifications coordination with the design
team; and also community outreach services.

TRUCK IMPACTED INTERSECTION

IMPFIOVEMENTS AT FIFIESTONE

BOULEVARD AND RAYO AVENUE
City of South Gate South Gate, CA
CLIENT CONTAC T. Kenneth Tang,
323 563 9574, ktang@sogate org,
8650 California Ave, South Gate, CA 90280
COMPLETION: 2015
COST: $5M
STAFF' Stpvp Oupzad,:i
Steve Quezada provided project and
construction management services to oversee
roadway improvements that included the
replacement of the existing asphalt concrete
pavement with Jointed Plain Concrete
Pavement over Hot Mix Asphalt. Work
also included removing the existing raised
median on Firestone Boulevard west of Rayo
and construction of a new raised median.

Project construction included construction
of sidewalks, ADA improvements, signing,
striping, traffic signal modification, cold
milling of pavement and restoration of
adjacent improvements. Associated street
improvements on Firestone Boulevard and
Rayo Avenue included curb and gutter and
driveway construction, as well as sidewalk
work along the west side of Rayo Avenue to
the south encroached upon the Union Pacific
Rail Road.

GANNETT FLEMING
158
SECTION 2 I QUALIFICATIONS AND EXPERIENCE
PHASE II ATLANTIC AVE. / FIRESTONE
BLVD. TRAFFI(, IMPROVEMENTS
City of South Gate l South Gate, CA
Steve Quezada provided construction
management services as a subconsultant
project at a railroad crossing. Pavement
improvements included cold milling; hot
mix asphalt paving; ARHM paving; new curb,
gutters, ramps, and driveway approaches;
signing and striping; and decorative sidewalk.

Other work included adjusting manholes
and valves, traffic signal modifications,
installation of SIC, CCTV, and overhead
signage, and railroad pre-emption with
queue management plan. Landscape
construction included irrigation and planting
primarily along Firestone Boulevard at/near
its intersections with Atlantic Avenue and
Mason Street/ Firestone Place, as well as
along Atlantic Avenue at/near its intersections
with Azalea West and Salt Lake Avenue/
Patata Street.

SOUTH GATE HIGHWAY SAFETY

IMPROVEMENTS, VARIOUS LOCATIONS
City of South Gate South Gate, CA
CLIENT CONTACT: Arturo Cervantes
323 563 9578, acervantes@sogate org,8650
California Ave. South Gate. CA 90280
COMPIETION: 2016
COST: $2M
STAFFa Stpvp Otipzada
Steve Quezada provided project and
construction management services
for 6 existing traffic signal intersection
modifications, and new sidewalk and handicap
ramps at various locations. The work included
new traffic signal equipment, service cabinets,
pedestrian heads, video detection systems
and street lighting. The work involved
extensive coordination with the City staff and
contractor for lane closures and traffic signal
shutdowns. Work was scheduled during the
day and night time hours to alleviate impacts
to the public.

GANNETT FLEMING
159

SCOPE OF WORK &

PROJECT APPROACH
WA":':e
160

SCOPE OF WORK AND PROJECT APPROACH
Project Understanding
The Tweedy Mile Complete Streets Project
is a multipurpose project implemented to
enhance pedestrian, bicycle and motorist
safety, traffic circulation, rehabilitation, and
beautification on Tweedy Boulevard between
Dearborn Avenue and Dorothy Avenue,
including improvement of student-pedestrian
safety at four intersections near Los Angeles
Unified School District schools. Tweedy
Boulevard is a busy arterial roadway serving
over 25,000 cars a day and a high volume
of pedestrians through a thriving shopping
district. There are also several schools
adjacent to Tweedy Boulevard.

The project encompasses the corridor of
Tweedy Boulevard approximately 1 mile in
length from Dearborn Avenue to Dorothy
Avenue. The project consists of high visibility
crossing enhancements and corner bulb-
outs at 1l intersections, parklets, in-roadway
warning lights at four uncontrolled student
crossings, traffic signal improvements for
pedestrian safety, ADA ramp upgrades,
paver restoration, and road rehabilitation.

The project also includes elements such as
bike racks, bus shelters, way finding signs
for Tweedy parking lots, trash receptacles,
shade trees, and street furniture to encourage
pedestrian and bicycle use.

The project will require full compliance with
the processes and procedures contained
in the LAPM and the Master Agreement
with Caltrans which contains among other
provisions, non-discrimination assurances. The
Gannett Fleming team will bring the required
knowledge and experience to prepare and
provide all documentation required to
facilitate prompt reimbursement of state and
federal funds.
40;
aivaa
Collaboration
Critical
Elements
Imagination
Value
Challenges and Solutions
Key to the successful completion of Tweedy
Mile Complete Streets Project will be
effective communications and coordination
of construction along with notifications
to the business and residents along the
Tweedy route.

During the construction phase, Gannett
Fleming will communicate with local schools
for safe passage of school children and all
pedestrians through the construction zone
and allow for timely passage of school buses,
automobiles, emergency services and local
deliveries to and from the businesses along
the route. We will perform daily reviews of
the contractor's traffic control, construction
activities and operations to minimize conflicts.

We have identified the following key
challenges and our corresponding solutions.

The Gannett Fleming team brings extensive
experience with similar challenges on
previous projects.

Public Relations Traffic Handling
During Construction
Much of the surrounding area on and
around Tweedy Boulevard contains a mix of
residential neighborhoods and commercial

GANNETT FIEMING
161
SECTION 3 l SCOPE OF WORK AND PROJECT APPROACH
businesses and restaurants. We have used
open community forums to meet and answer
questions, distributed flyers, and used
other media to provide contact information
to address community concerns and/
or questions.

Using his typical proactive approach, Steve
will meet with residents, business owners,
nearby schools (Madison Elementary, Victoria
Elementary, San Miguel Elementary, and
Bryson Elementary), and those affected by this
project to keep them informed throughout
construction.
@SIntetvhee'sCpltays0tfexSpoeurtihenGcaetewoonrktinhge
Garfield Avenue, Long Beach
Boulevard and Truck Impacted
Improvement projects and various
traffic signal improvements
projects, which were located
adjacent to businesses, residences
and multiple schools, included
routinely visiting businesses,
residents, and schools to
notify them of upcoming work,
construction progress and discuss
any concerns they had, which
provided the understanding that
Steve was the single point of
contact for the project. He will
implement similar practices for
this project.

Traffic Signal Coordination
Due to the construction of grinding
and overlaying the roadway and ADA
ramp construction, shifting of traffic will
undoubtedly cause some backup to occur
in and around the construction areas. It has
been our experience working on roadway
improvements to evaluate the existing
traffic flow in surrounding areas adjacent
to the project to best alleviate potential
traffic impacts. On past projects, Steve has
worked with the City's traffic engineers to
increase green time for specific directions
and reduce the queues that increase due to
the work. This may have to be coordinated
with other agencies such as City of Lynnwood,
Huntington Park, and LA County.

Labor Compliance
The Gannett Fleming team has considerable
experience maintaining records to verify the
Contractor and its subcontractors comply with
the wage and apprenticeship sections of the
contract. We are experienced in performing
labor compliance in accordance with State
and Federal standards, specifically the
LAPM and Community Development Block
Grant (CBDG) requirements. Our team will
provide all documentation regarding labor
compliance on all daily reports, including
employee names, labor classification, number
of hours worked and equipment working on
the project. Our inspectors will also conduct
the required on the spot interviews noting
these interviews on the appropriate EEO
Interview form. In addition, the team will
track and maintain logs to verify that the
contractor submits certified payrolls and/
or owner operator listings for the work and
that all subcontractors or equipment rental
companies associated with the project comply
with the requirements as well. Additional
documentation to be submitted includes
fringe benefit statements, apprenticeship
documentation, payroll deduction
authorizations, and verify contractors skilled
and trained workforce certifications and
monthly skilled and trained workforce reports.

Cross checking of all interviews, payrolls
and wage rates will be done to determine
compliance, including force account work to
ensure names, classifications, and prevailing
wage rates match. Posters, notices, and wage
determinations will also be verified as posted
on the job site. All violations will be dealt
with immediately with necessary sanctions
employed for any failure to submit payrolls or
any noncompliance.

GANNETT FLEMING
162
SECTION 3 I SCOPE OF WORK AND PROJECT APPROACH
Biddability/Constructability Review
Our team has pei-formed a preliminary review
of the provided 95% plans and share our
comments below.
identify existing bollai-ds to be removed or
left in place. There is no bid item for
removal of existing bollards, are these to
be included in the cost of the bid item for
new curb ramp construction? Is there a
foundation for the bollards which also
must be removed

2. " ' There is no detail for
!X!X!)construction of new bollards to
be placed. Is there a foundation to be
included for the bollards? What is the size,
color, or model of the bollards to
be placed?

3. ,,oo Some crosswalks are being
lag removed across Tweedy, a note
"' should be provided that no
crosswalks are to be removed until others
are constructed, or contractor is to
maintain at least one crosswalk to be
open. Also, signage can be provided to
direct pedestrian to use other crosswa

4. Based upon new ramp
construction, verification
s

6. ! New loop installation is only shownalong Tweedy and no loops are shown at cross streets. Are loops to be
installed at cross street due to grind and
overlay to be done? If so, the bid item
quantity needs to be revised.

7. 0 Plans indicated decorative sidewalk
J" to be colored but no color
is provided.

8. flY> There are no specifics to the pavers
to be installed. are these to match
existing pavers remaining on site
along Tweedy?
the signs?

10. /@ Are constructir n signs to be
/Jt "Proiect Signs" since there are only
2 in the bid quantity?
Project Approach
While we describe this combination of
expertise and technical know-how throughout
this submittal, you will see the distinction
in our ability to foresee obstacles, work in a
a a and provide creative
our previous work
n
163
SECTION 3 I SCOPE OF WORK AND PROJECT APPROACH
Scope of Work and CM Schedule
Consultant services include contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, material testing and project close-out, including completion of required documents to complete a state audit.

This section presents our proposed approach to completing the required work outlined in the Scope of Work, including task assignment, key deliverables, and applicable standards required for the proposed services.

Pre-Bid Review
(If Schedule Permits)
Pre-Construction
Coordination
* Conduct constructability review
of plans and specifications.
* Verify cost estimates
and schedule.
* Identify potential change order
and claims issues.
* Provide draft project schedule.

Outline project-
specific protocols.

Inform contractor of project
administration procedures.

Coordinate with other
stakeholders.
* Precon Utility Coordination.

Construction Manager
develops early
relationship with South
Gate and designer.

Provides clarification for
bidders to help reduce
COStS.
* Establish protocol and
roles and responsibilities.
* Constructability
review comments.
* Draft construdion
schedule.
* Agenda and meeting
minutes.

Procore
Implement system for
organizing, tracking, filing, and
managing paper/electronic
correspondence, including
letters, information requests,
submittals, materials test
results, contracts, reports, O&M
manuals, progress payments,
and change orders, etc.

Better record- keeping.

Improved claim
resolution capabilities.

State and Federal
reimbursement of funds.
* Paper files.
a Digital files.
* Correspondence
logs.

Resident Engineering
* Manage the project.
* Enforce in accordance with
the Contract Plans, Special
Provisions, Caltrans Standards,
Construdion Manual, LAPM,
City Standards and Greenbook.
* Project is
administered and
constructed properly.
* Minimizes South Gate's
exposure and cost.
it Ensures that South Gate
is reimbursed for federal
funds.
* Successful projed.
* State and
Federal
reimbursement.
* Project files.

GANNETT FLEMING
164
SECTION 3 I SCOPE OF WORK AND PROJECT APPROACH
Weekly Resident
Engineer's Report
* Prepare weekly resident
engineer's report.
* Include status of contract
budget, schedule update and
working days status, change
order status, lookahead for
critical work issues, and list of
outstanding issues.

Creates and maintains
a concise written record
of project status and
a review ofthat status
with South Gate's project
manager.
* Weekly resident
engineer's report.

Environmental
Coordination
Meetings
* Maintain communication and
compliance with permits.
* Ensure compliance and
prevent violations
and fines.
* Successful project
without violations
and fines.
j ii Conduct weekly meetings with iI contractor, South Gate, and : * Maintains dialogue WeeklyMee"ngs : stakeholderstodiscussschedulel betweenteammembers. i and current and past issues. i
* Agenda.
* Meeting minutes.
, i
j j * Monitor and document ]
* Monitors project records and i DBE commitments are I i
Labor Compliance i verifies adherence to labor i being met in accordance :i compliance and EEO provisions. ' with Federal-Aid I i ', procedures. i
' a Certified
. payroll checking.
a DBE commitment
, compliance.
i * State and Federal
' reimbursement.

I
) it sSuchbecodnusleuiatanndtmanage ). ii tPersotvlnidgeasntdimdealyy_to_ '.

Qua'IyAssuranCe i materialslaboratory. i daycoordinationwith :Ma'er'a's Tes'ng ' it Coordinate timely testing and : contractor's progress to i I reporting. I preventdelays. :i, i
) l
i * Testing reports.
i a Materials are
' plnroavcicdoerddaanncdeplaced
j with Caltrans
I and Greenbook
i specifications.

Construction Staking
i * Compliance with
* Providequalityassurance 1, project'splansand
staking for construction. specifications.

I a Construdion
i Manager to review
i construction survey
I notes.

Schedule
Monitor contractor's
schedule weekly.

Notify parties of actual
or potential deviation
from schedule.

Work with project team to
correct noncompliance with
schedule.

Better
project coordination.

Fewer delays.

Fewer time-related
disputes.

Weekly reports.

Schedule reports.

Recommendations.

As-built schedule
and construction
photos/ videos.
" Mon'orproj'fund'n' : a Effectiveuseoffunds.

I * Monitor project budgets.

Cost COntrol : ii Review contract item payments, ; ' Ear'y Warn'ng ofpotential funding I omradteerripaalyqmuaennttist.ies, and change 1. problems I
: * Budget reports.

I * Cost estimate

1. i reVleWS.
:

Issues Management
I * Provides solutions to
' AnalyZe 'sSues' seek I actual conditions found
appropriate advice, and provide inthe field.
recommendations. i. * Minimizesdelays.
: * Design clarifications.
i * Contract change
orders.

GANNETT FLEMING
165
SECTION 3 I SCOPE OF WORK AND PROJECT APPROACH
Change Orders
* Review potential change
orders for contractual and
technical merit.
ii Prepare independent cost
estimate and schedule analysis
ofwork.
* Negotiate and prepare change
orders for execution.
* Keep the City apprised of impact
of cumulative change orders.
* Change orders reflect
fair price for added or
deleted work.

Independent
cost estimates.
for execution.

Change'order
summary reports.

Source Inspection
Potential Claims/
Dispute Resolution
Quality Control/
Inspection
* Schedule and coordinate source
inspedion of materials with
subconsultant laboratory.
* Identify potential claims issues.
o Review claims for merit
and documentation.
* Make recommendations and
implement procedures for
reducing the likelihood of
disputes and claims.
a ASSiSt in the resolution of
disputes.
* Observe and monitor all aspects
of project.

Notify contractor when work is
non- compliant.

Prepare detailed daily
inspection reports.

Provide photographic and
video documentation of
construction process.

Encourage and stress quality in
the constructed product.

Request approval for OT.

Report to City PM when arriving
and leaving the site for the day.

Utility Coordination.
* Ensures materials
being provided follow
the specifications and
contract plans.
ii Disputes are avoided or
resolved quickly reducing
cost.
* Completed project meets
expectations for quality
and functionality.

Inspection reports.

Materials are
provided and placed
in accordance
with Caltrans
and Greenbook
specifications.
* Recommendations
for dispute
avoidance
procedures.
* Photography
and video for
projectfiles.
* Daily inspedion
reports by the
following Monday.
7raBc(Ontro1p1an'COOrd!naie,reV!eW,andm0n!i0rl,lapprOve'Ver'%co4'r',a:aniccecon,OW"h1 Implementation I rrimJeicmceonnttartoioinpioaf,contractor's : tPrlaaffn.lctolmrepdaudc:e risk ofI ' * Approved Traffic
i Control Plan.
: * dQlaairlylesinspedion
Public Relations
ii Communicatewithlocal i i: * Verbal and written
residentsandbusiness i ii Minimizes noticesdelivered
communityregardingtemporary : publiccomplaints. i tolocalresidents ccolonssu\eusc,'toranffimcchaac1nsgessu,cnhoaisse, i ' sCeorvnsefsruads:ooninMtaonfager : , A,enand:c0mmunus'nesse';,limited access and construction contact. j. meetings. schedule. I

GANNETT FLEMING
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SECTION 3 I SCOPE OF WORK AND PROJECT APPROACH
Permit/Environmental
Compliance
Monthly Status
Reports
Review and enforce
requirements stipulated in
permits issued by regulatory
and environmental agencies,
including NPDES.

CCOs. cost issues. and schedule.
* Minimize or eliminate
violations of permit
requirements.

Daily
i nspection reports.
ii Correspondence.
* Keeps parties informed , Monthlyreport.on project status. :

Progress Payments
Site Safety
* Review contractor's
payment requests.
* Verify contractor pay items.
* Prepare payment documentation
for execution.
* Review and monitor contractor's
safety program for compliance
with Cal/OSHA.
* Notify contractor if unsafe
condition is observed.
i t Notify the City if contractor
refuses to rectify
unsafe condition.
ii Investigate accidents.
* Ensures accuracy of
quantities and payment.
* Controls project cost.
* Safe2obsite.
* Avoids litigation.
* Progress
payment vouchers.
* Daily
tnspechon reports.
a Quantity
calculation sheets.
* Correspondence.
* Accident reports.
* Monthly reports.
' ii Collect, review, and transmit
As-Bu"' Draw'ngs i contractor's data to engineer.

Final Walk-Through
Collect Contractor
Materials
Project Completion
Report/Final Payment
* Schedule and lead final walk-
through.
* Make final inspections.
* Prepare punch list.
* Verify that required certificates
of compliance and as-built
drawings have been delivered.
* Collect manufacturer
guarantees, maintenance and
operations manuals, warranties,
bonds, and any other data
required from the contrador.
* Process final progress payment
to contractor.
* File Notice of Completion.
* Prepare final completion report.
* Deliver project records to
South Gate.
* Prepare reports in accordance
with Local Assistance Manual.
* Changes are
incorporated into record
drawings.
* Project is completed
according to
contract documents.
* All paperwork required
of contractor is delivered.
* Post-construction
materials are organized
and presented to South
Gate in an easy to access
formatforfuture use.
* Paperwork is completed.
* Audit trail is completed.
* Ensures federal
reimbursement.
* Provided to South
Gate and Designer.
ii Punch list follow up
until all items are
completed.
* Post-construction
materials.
it Final
progress payment.
a Notice
of Completion.
@ Final completion
report.

GANNETT FIEMING
167
SECTION 3 l SCOPE OF WORK AND PROJECT APPROACH
Quality Control and Quality Assurance
Gannett Fleming is 150 9001:2015 certified.

This standard requires a high level of
management commitment, careful attention
to quality assurance/quality control (QA/QC)
in work product development, measurement,
analysis, and continuous improvement.

Our corporate Project Quality and Management
Guidelines require that we implement standard
QA/QC procedures on all our projects and verify
compliance through internal and external audits
of our quality processes. Our commitment to
the City is to ensure quality engineering and
support services that document the plans and
specifications requirements in the case of an
internal or external audit.

Continuous Quality CERTIFIED Corp-orate
mprovementProgram QualityManua
Quality Guidelines
Document Control
In addition to providing project
correspondence tasks, we will maintain
and document all project-related records
and information. Depending on the project
management document control system the
City of South Gate uses, we offer Procore as
alternate web-based document control and
electronic filing system. Procore will store all
related project documentation in a cloud-
based system for access during the project or
any time after the project is completed. The
application is also accessible by all project team
members or as directed by the project owner.

We will use the Procore application to
organize, track, file and manage electronic
correspondence, including letters, requests for
information (RFI), submittals, contracts, reports,
progress payments, change orders, etc.

HHL)(;(JHL
Electronic Tracking
of all Project Documents
Provides Client,
Contractor, and Consultant
with Real-Time Data
Available Via
Any Web Browser
Web-Based
Document Control
By maintaining an effective documentation
system, we will keep the City apprised of
deviations to the project schedule or budget
and to any field issues with supporting
materials. We will provide weekly and monthly
reports to the City and project team.

The weekly report will consist of:

Weekly statement of working days form
Controlling operations performed for
the week
Controlling operations anticipated for
next week
Safety and environmental concerns
Minutes from meetings with the Contractor
The monthly reports will consist of:

Construction operations peiformed for
the month
Construction operations anticipated for
next month
Schedule status
Budget status
Change order log
Project photos

GANNETT FLEMING
168

RESOURCE ALLOCATION
MATRIX [RAM]
u" ?:";e
169
Resource Allocation Matrix
CTiY OT SOIITH GAT!
Twasdy Mlle Complite Slreeti Italeej ICm Piiilxtt 611-ST I Tederil %nled No. ATPk g2S7 10391 Calendar
Work
Biddability & Constiuctability Review - June l 7 to lung 28, Ply-Construction - Jul} 1. 2024 tO Jiily 12.

Constiuctiiin - July 15. 2024 tii April 7, 2(125
Project Oose-out - Apiil 8, 2025 to April 30, 2025
Jan Feb Mar Apr May Jun Jul Aug Sep ad Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep ad Nov Dec 31 29 n 30 si 30 31 31 30 31 30 ai gi 28 gi 30 ai 30 31 gi 30 gi 30 gi 21 ig 21 21 22 20 22 22 20 22 18 21 .it 18 20 22 21 21 22 21 21 22 17 22 Name
P.E
Williams
Additional
P E.

Remi Nunez
and Ciinstrudion As-Needm
(oveitime)
56 56 56 56 56 56 56 56 56 56 56
32 104 176 160 176 144 168 168 IIU 160 32
555
TO 15 15
55 15 15
5 5 5 5 TO
15 15 15 15 15
Hours
616
1464
170

APPENDIX
171

APPENDIX RESUMES

ED DURAIO, CPM
Principal-in-Charge
Gannett Fleming, Inc.

YEARS OF
EXPERIENCE:
30 CERTIFICATIONS:

Certificate, Project
Management (CPM)
Certificate,
Construction
Management,
California Polytechnic
State University
EDUCATION:

General Studies
Ed has more than 30 years of experience in the transportation and water/wastewater industry. He has provided services in the capacity of contractor, project/construction manager, contract manager and QA/QC oversight. Ed brings a comprehensive, well-defined approach to providing construction management services on projects. Ed serves as principal-in-charge for numerous agencies, including the City of South Gate, Santa Clarita Valley Water Agency, Chino Basin Desalter Authority, Eastern Municipal Water District, Elsinore Valley Municipal Water District and the Santa Ana Watershed Project Authority. He has managed a $100 million program for SCVWA and managed the largest (at the time) micro-tunneling project in the United States, which was valued at more than $150 million in construction improvements for the City of Oxnard.

Ed's strong relationship-building skills create a foundation of trust with his contacts, which has resulted in the establishment of solid relationships with public agencies throughout California. He brings an active commitment to quality standards and continuous improvement, and an effective leadership style to all projects with results his clients rely on. He recently served as a panel member for CMAA's "Mindful Leadership and Its Impact on the Bottom Line" event at which he discussed the fundamentals of leadership through high emotional intelligence.

Relevant Projects
Long Beach Boulevard Streets Improvement Project, South Gate, CA, City of South Gate. Principal-in-Charge. The project consists of cold milling existing roadway and roadway paving, striping, raised median islands with irrigation and landscaping, concrete sidewalk, curb and gutter replacement, curb ramps, and other concrete work, solar Rapid flashing beacons, bicycle lanes, bicycle racks, metal pedestrian benches and other hardscaping. The scope of services includes contract administration, construction management, inspection, utility coordination, labor compliance, supporting in public outreach, managing geotechnical and material testing services and project close-out.

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APPENDIX I RESUMES
Garfield Avenue Complete Streets
Improvement Project, South Gate, CA,
City of South Gate. Principal-in-Charge.

The project consists of cold milling existing
roadway and roadway paving, striping, raised
median island with irrigation and landscaping,
concrete sidewalk, curb and gutter
replacement, curb ramps, and other conci-ete
work, solar Rapid flashing beacons, bicycle
lanes, bicycle racks, metal pedestrian benches
and other hardscaping. The scope of services
includes construction management and
inspection services which includes contract
administration, construction management,
inspection, utility coordination, labor
compliance, supporting the city in providing
public outreach, managing geotechnical and
material testing services and project closeout.

Eastside Water Treatment Plant Expansion
and Brine Line Project, Chino, CA, City of
Chino. Principal-in-Charge for the $15.5M
project that included expansion of the
Eastside Water Treatment Facility (EWTF) from
3,500 gallons per minute (gpm) to 7,000 gpm.

A secondary component of Project WA1 9C
are dual brine pipelines to convey the brine
waste resulting from the treatment process
from the EWTF to a Santa Ana Watershed
Project Authority lateral owned and operated
by the Inland Empire Utilities Agency. These
projects incorporated long-lead procurement
equipment as well as an aggressive
construction schedule, while working on an
active treatment facility. Coordination with
the owner procured GAC system and plant
operations was essential in addition to safety
being the upmost of importance for a timely
completion of the program. Ed maintained
client contact, managing the budget, and
providing as-needed quality assurance and
quality control reviews.

Temecula Valley Regional Water
Redamation Facility (TVRWRF) 23
MGD Expansion, Temecula, CA, Eastern
Municipal Water District. Contract Manager
for the $79.9M expansion of the TVRWRF to
provide an additional 5 million gallons per
day (MGD) of treatment capacity, expanding
the total permitted treatment capacity
from 18 to 23 MGD annual average flow.

The expansion involved construction of an
additional wastewater treatment process for
preliminary treatment, primaiy treatment and
fine screening, secondary treatment using a
membrane bioreactor (MBR) process, chlorine
disinfection, a rotary drum thickener, and
additional modifications to existing facilities.

To accommodate the facilities footprint,
EMWD pro-actively initiated a pre-negotiation
with GE ZeeWeed for the water treatment and
reuse membrane bioreactor technology. The
MBR is the first treatment technology of its
kind for the District. Responsible for providing
management level input for and oversight
of schedule development; monitoring the
project's progress; maintaining consistent
client contact; making sure the team adhered
to the District's policies, procedures and
time schedules; providing as-needed quality
assurance and quality control reviews; and
assisting with maintaining the high-level
work for which the team is known. Awarded
the 2020 Project of the YearAward by the
Construction Management Association of
America (CMAA) San Diego Chapter and the
2020 CMM Project Achievement Award.

South Archibald Plume Cleanup, Ontario,
CA, Chino Basin Desalter Authority.

Contract Manager/Principal-in-Charge
responsible for providing as-needed
quality control. The $16M SAPCP was
a comprehensive program to mitigate
contamination and excessive levels of
Trichloroethane (TCE) and other Volatile
Organic Compounds (VOCs) and toxins
identified through local groundwater
monitoring. The improvements were
performed under five separate phases to
complete the raw water pipeline installation
from the new Well Facility 11-12 through the
Cities of Ontario, Eastvale, and Jurupa Valley
to the CDA Chino II Desalter facility the
raw groundwater will be treated through a
modified RO system.

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APPENDIX RESUMES
s ]
STEVE QUE7ADA, PE, QSP
Construction Manager
Gannett Fleming, Inc.

YEARS OF
EXPERIENCE:
31 REGISTRATIONS:

PE: CA - No. 58614
EDUCATION:

BS, Civil Engineering,
California State
University, 1992
Steve has more than 31 years of construction industry experience in the transportation field, which includes work associated with grade separations, freeway interchanges, major urban arterial improvements, freeway replacement, and capital improvement projects. He also offers extensive experience in Storm Water BMP management. His technical expertise includes working with asphalt concrete, Portland Cement concrete, landscaping, earthwork, signal improvements; traffic control, bridge widening and storm drain installation. He has proven experience with community outreach and implementing various forms of communication to the public.

He has served as an infrastructure specialist with FEMA, and in that role, was responsible for providing assistance and advice to state and local governments after the Northridge earthquake. Steve has the ability to lead projects as a Construction Manager, Resident Engineer and Project Manager and seamlessly integrate into a cooperative consultant-client project staff. He is dedicated and continues to strive for improvements and quality project standards.

He demonstrates a high degree of integrity, commitment and professionalism in everything he undertakes.

Relevant Projects
Long Beach Boulevard Streets Improvements, South Gate, CA, City of South Gate. Senior Project Manager/Resident Engineer. The project consists of cold milling existing roadway and roadway paving, striping, raised median islands with irrigation and landscaping, concrete sidewalk, curb and gutter replacement, curb ramps, and other concrete work, solar Rapid flashing beacons, bicycle lanes, bicycle racks, metal pedestrian benches and other hardscaping.

As Resident Engineer duties include contract administration, construction management, inspection, utility coordination, labor compliance, supporting in public outreach, managing geotechnical and material testing services and project close-out.

Garfield Avenue Complete Streets Improvement Project, South Gate, CA, City of South Gate. Senior Project Manager/Resident Engineer. The project consists of cold milling existing roadway and roadway paving, striping, raised median island with irrigation

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APPENDIX I RESUMES
and landscaping, concrete sidewalk, curb
and gutter replacement, curb ramps, and
other concrete work, solar Rapid flashing
beacons, bicycle lanes, bicycle racks, metal
pedestrian benches and other hardscaping.

As Resident Engineer, providing construction
management and inspection services which
includes contract administration, construction
management, inspection, utility coordination,
labor compliance, supporting the city
in providing public outreach, managing
geotechnical and material testing services and
project close-out.

Truck Impacted Intersection Improvements
Project at Firestone Blvd and Rayo Avenue,
South Gate, CA, City of South Gate. Senior
Project Manager. This $2.1M project consisted
of a street widening and reconstruction of
the truck impacted intersection of Firestone
Blvd. and Rayo Ave. The project had grind
and overlay with AC, removal of existing AC
and concrete pavement and replacement
with Jointed Plain Concrete Pavement, ADA
improvements with new curb, gutters and
sidewalks, signing, striping, traffic signal
modifications, restoration of adjacent
improvements along with new signal cabinets
for traffic signals. Traffic control and stripping of lanes were also included. The project
included 4 phases of construction to complete
the entire intersection replacement. Work
included public relations coordination with
adjacent businesses and the community.

Highway Safety Improvements, Various
Locations, South Gate, CA, City of South
Gate. Senior Project Manager. Provided
construction management services for
citywide projects in which 6 existing traffic
signal intersections modifications were
completed with new sidewalk and handicap
ramps installed at various locations. The work
included new traffic signal equipment, service
cabinets, pedestrian heads, video detection
systems and street lighting. The work involved
extensive coordination with the City staff and
contractor for lane closures and traffic signal
shutdowns. Work was scheduled during the
day and night time hours to alleviate impacts
to the public.

Firestone Blvd and Atlantic Ave Phase
II Railroad Crossing Improvements with
UPRR, South Gate, CA, City of South
Gate. Senior Project Manager. This $2M
citywide project included cold milling,
construction of curb, gutter and sidewalk,
ramps, driveway approaches, decorative
sidewalk, asphalt concrete paving, ARHM
paving, traffic signal modifications, installation
of SIC, CCTV, LED, signs, UPRR preemption
with SWPP management plan, striping and
signage, landscaping, irrigation and planting
construction. Work also included new traffic
signal equipment, service cabinets, pedestrian
heads, video detection systems and street
lighting. The work involved extensive
coordination with the City staff, contractor,
Union Pacific Railroad, various local agencies
for lane closures and traffic signal shutdowns.

Night time closures were also used due to the
amount of traffic along Firestone Boulevard.

Extensive coordination was involved with
UPRR for construction and lane closures to
ensure the safety of the work and the public.

Passons Boulevard Grade Separation
Project (BNSF), Pico Rivera, CA, City of
Pico Rivera. Project Manager/ Construction
Manager. Provided services for this grade
separation improvement project consisting
of the construction of a steel girder beam
with reinforced concrete deck underpass
structure for Passons Boulevard; extensive
utility relocations; roadway reconstruction
and new alignment; and placement of a
two-track, shoo-fly railway configuration, and
railroad coordination. This work also consisted
of demolition and removal of structures.

Additional duties included assisting the City
with pre-construction services including the
E76 document; a bid ability/constructability
review; utility coordination for relocations;
final plans and specifications coordination
with the design team; and also community
outreach services.

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APPENDIX RESUMES

WARREN WILLIAMS
Construction Inspector
Gannett Fleming, Inc.

YEARS OF
EXPERIENCE:
40 EDUCATION:

Courses in Business
Management, West
Virginia State College
Coursework, Detroit
College of Business,
Greenbrier
Community College,
and Cerritos
Community College
Storm Water Pollution
Prevention Training
Warren has more than 40 years of experience in public works construction that includes serving in management roles with several cities, functioning as a consultant inspector and working as a contractor. He has provided services that include construction inspection, inspection supervision, scheduling, estimating, contract change order management, contractor payment approval, records maintenance, budget management, public relations, and permitting.

Warren has provided training for city and consultant inspectors on city standards and specifications, the APWA Greenbook, and American Water Works Association (AWWA) requirements. After completion of training, he would monitor and supervise the inspectors for quality control and quality assurance of their work.

He is experienced with street construction/improvements, traffic signals, storm drain systems, sewer systems, domestic/reclaimed water systems, joint utility trench, street lighting systems, and landscaping, soundwalls and similar public works construction. He is well versed in grading operations, roadway structural sections, asphalt and concrete placement, environmental compliance, traffic control implementation, maintenance work, Greenbook and local agency requirements, Caltrans specifications, NPDES storm water requirements, and safety regulations as they relate to construction.

Relevant Projects
Long Beach Boulevard Streets Improvements, South Gate, CA, City of South Gate. Construction Inspector. The project consists of cold milling existing roadway and roadway paving, striping, raised median islands with irrigation and landscaping, concrete sidewalk, curb and gutter replacement, curb ramps, and other concrete work, solar Rapid flashing beacons, bicycle lanes, bicycle racks, metal pedestrian benches and other hardscaping. The scope of services includes contract administration, construction management, inspection, utility coordination, labor compliance, supporting in public outreach, managing geotechnical and material testing services and project close-out.

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APPENDIX I RESUMES
On Call Construction Management,
Engineering Support, Material Testing
and Inspection, City of Cypress, CA, City
of Cypress. Lead Inspector. Starting in May
of 2012, Warren provided services on over
125 separate task orders encompassing
Capital Improvement Program (CIP) as well as
several permits or Non-CIP projects. Warren
served as the Lead Inspector on this contract,
providing project/construction management,
coordination, public outreach, and inspection
for various encroachment permit projects
that include new development, utilities,
and SWPPP. He is also inspected numerous
local and state funded CIP projects for the
City which included concrete replacement
(sidewalks, curb & gutter, driveway
and handicap ramps), tree removal and
replacement, sluriy seal type 1 and 2, sewer
replacement and lining, street widening,
relocations of utilities, arterial and residential
street rehabilitation including cold milling
and asphalt overlay, storm drains, biofiltration
systems, stormwater retention systems,
new raised median construction including
irrigation and landscaping, bike lanes, city
park upgrades and new construction, traffic
signal and flashing beacon replacement and
camera upgrades for traffic monitoring, fiber
optic installation and 5G construction.

On Call Construction Management and
Inspection, City of Garden Grove, CA, City
of Garden Grove. Construction Inspector
for CIP projects that included the annual
slurry seal program, sewer, and water line
replacement, pavement rehabilitation and
replacement for arterial and residential streets,
and median and landscape improvements.

Warren provided inspection for four street
rehabilitation locations at Westminster
Avenue and Brookhui-st Street.

On Call Construction Management and
Inspection, City of Rancho Santa Margarita,
CA, City of Rancho Santa Margarita.

Construction Inspector for CIP projects
that included annual slurry seal program,
sewer rehabilitation, sewer and water line
replacement, pavement rehabilitation and
replacement for arterial and residential
sti-eets, and median and landscape
improvements. Warren provided inspection in
preparation and then application, on various
street locations (45 streets), the crack filling
and sealing of asphalt streets along with weed
abatement of all curb and gutters in those
areas. After the slurry seal was completed the
replacement of all striping and legions along
with the yellow/white/ blue reflectors were
replaced and installed.

On Call Construction Inspection Services,
Various Locations, Southern CA, Golden
State Water Company. Construction
Inspector for this public utility company
that purchases, produces, distributes, and
sells water to nearly a quarter-million
customers in California. He was responsible
for providing inspection services on capital
and new business projects, which included
water main system upgrades, construction
of new reservoirs, seismically retrofitting and
waterproofing existing reservoirs, chlorination
facilities, new meters, new and relocated
fire hydrants, fire service/sprinkler system
lines, irrigation systems and connections to
private residences. Warren maintained as-
built plans, daily and weekly reports, safety
reports, and change order documentation;
obtained permits from various cities and
regulatory agencies; monitored traffic control;
and maintained good public relations for the
company. Further responsibilities included
loading and hydrostatic pressure testing the
system, performing bacteria testing, verifying
NPDES requirements and monitoring final tie-
in connectrons.

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APPENDIX RESUMES

REMI NUNEI
Construction Inspector (Back Up)
Gannett Fleming, Inc.

YEARS OF
EXPERIENCE:
41 REGISTRATIONS:

NASSCO, ITCP for CIPP
Installations
American Construction
Inspectors Association
Registered
Construction-IV
Inspector No. 5210,
1990 to present
IMSA Traffic Signal
Technician/l/Vork
Zone Safety (Level
l) May 2002, Traffic
Signal Field Electrician
(Level 11) March 2003,
Signs and Markings
Specialist Level I May,
2003 and Level II
April 2007
EDUCATION:

AS, Public Works,
Citrus College, 1986
Remi has more than 41 years of experience in the public works industry. He is experienced providing inspection services on fiber- optic installation of high-density polyethylene (HDPE) conduit and fiber optic cables; pavement rehabilitation which included cold-in- place recycling of asphalt concrete on major projects; sidewalks, concrete structures, driveways, water main and service installations; sewer main and lateral installations, lift stations, pump stations; curbs and gutters, retaining walls, earthwork, street excavation and patchwork; drainage facilities, storm drains, landscape irrigation, traffic signal installations, street lighting systems; and underground conduit installations, street painting, and street and traffic sign installations. He provided services that included scheduling, estimating, contract change order management, contractor payment approval, records maintenance, budget management, public relations, permitting, and construction safety. He performed quality control/assurance inspection services in conformance to Uniform Building Codes, Caltrans, and Greenbook standard specifications.

Relevant Projects
City of Cypress, On-Call Construction Inspection, Cypress, CA.

Construction Inspector. Provided Inspection services for the City of Cypress on various projects.

Orange St- Complete removal and replacement of several manholes. Removed the existing 12" sewer main and replaced with 12" Ductile Iron Pipe.

Myra Street- Residential sewer removal and replacement of existing 8" VCP and replaced in kind. Installed sewer bypass.

Residential Street- Inspected sewer manhole rehabilitation for installation of polyurethane liner.

Orange County Public Works Department, Orange County, CA.

Construction Inspector providing inspection on several projects:

San Diego Creek Sand Project which was removal of 6,000 cubic yards of sand from creek.

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APPENDIX I RESUMES
Crawford Storm Drain Installation
Project which consisted of installation of
reinforced 36" concrete pipeline, catch
basins, manholes, and concrete structures.

Newport Traffic Signals Project in
which two traffic signals were modified
for upgrade to existing signals. Newport
fiber optic project consists of installation
of 16,000 feet of new conduit, pull boxes,
and installation of cables and fiber optic
terminations. Installed conduit by direction
boring.

Newport Avenue Traffic Signal
Rehabilitation Project which he removed
165 LF of existing curb and gutter at
handicap ramp locations. He removed
existing asphalt pavement, installed
handicap ramps, removed and salvaged
existing traffic signal equipment.

Carbon Creek Channel-Storm Drain
Repair where he installed 18" RCP with
collars, demo existing CMP and headwall,
CAB backfill with compaction, Installed and
maintained BMP, and removed asbestos
pipe/material.

Pavement Rehabilitation Project, City
of Fontana, CA. Construction Inspector.

Responsibilities included inspecting
pavement rehabilitation projects consisting
of pavement grinding, asphalt concrete
overlay with placement of conventional and
ARHM AC materials, adjustment of utilities
consisting of manholes and water valves,
pavement marking installations, detector loop
replacement, and traffic control.

Concrete Rehabilitation Project, City of
Fontana, CA. This concrete rehabilitation
project consisted of concrete preliminary
inspection to confirm areas of concrete
replacement, recommend tree removal
for new concrete work, inspect concrete
sawcutting and demolition, inspect concrete
forms and grade, inspect concrete pour
confirming concrete mix and placement
including concrete finish work, and curing.

Hot Spot Intersection Improvements
Rosemead Blvd. at Whittier Blvd. and
Rosemead Blvd. at Washington Blvd., City
of Pico Rivera, CA. Construction Inspector.

The project improved traffic flow for enhanced
safety to the surrounding community. Work
encompassed the addition of left-turn lanes in
the southbound direction, increased left-turn
storage along Whittier Boulevard in the east
and westbound directions, reconstruction of
existing medians to accommodate additional
travel lanes, pavement rehabilitation along
Whittier Boulevard from Acacia Avenue to
San Gabriel Place, construction of two bus
pads and shelters along Whittier Boulevard,
construction of curb ramps, driveway
approaches and miscellaneous sidewalk and
modifications to the existing traffic signals.

Work also included minor traffic signal
modifications and striping to convert the
north and southbound right-turn pockets into
shared through and right-turn movements
at the intersection of Rosemead Boulevard
and Washington Boulevard. Mr. Nunez
provided daily inspection of the contractor's
work checking for compliance. All work
was documented through daily inspection
reports including quantities of materials. He
maintained a set of red lined plans for as-built
corrections and prepare punchlists for final
acceptance of the work. He also attended
all meetings including bi-weekly meetings
and provided punchlists at each phase of
construction.

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APPENDIX RESUMES
CHIA-CHI WANG, PE, PMP, aSD
Labor Compliance
Dynamic Engineering
Services, Inc.

YEARS OF
EXPERIENCE:
34 REGISTRATIONS:

PE: CA - No. 50540
PMP, PMI, No.135l346
QSP/QSD/ToR, CASQA
No. 00998X
Chia-Chi has more than 34 years of construction management experience on freeway projects including 10 years of experience in the role of Resident Engineers on more than 20 projects. Chia-Chi has been involved in a number of high-profile projects in the Inland Empire with various types of contracting methods including Design- Bid-Build, Design-Build and Design-Sequencing. Her expertise includes Project Management, Construction Contract Management, Constructability Review, Document Control, Quality Assurance Inspection, SWPPP Compliance, Prevailing Wage Monitoring and Enforcement, claim mitigation and resolution. Chia-Chi was the Area Construction Manager for SR 60/91/215 Interchange Design- Sequencing Project and SR 91 Corridor Improvement and Devore Design-Build Projects in Caltrans District 8.

EDUCATION:

BS, Civil Engineering,
California State
University, Los Angeles
Relevant Projects
SR 60 Central Avenue Interchange Project, SBCTA, Chino, CA.

Resident Engineer/Labor Compliance Officer. This $24M project will widen the Central Avenue bridge and the on-ramp to accommodate three through lanes and double left-turn lanes in both directions and will widen the existing eastbound and westbound on-ramps to from one lane to two through lanes and a carpool lane. The project will relieve congestion and improve traffic flow on Central Avenue at SR-60 Interchange. Chia-Chi as the Resident Engineer managed the CM Team working with City Project Manager, Caltrans Oversight Engineers and Consultant Designers. She was responsible for overall project scope, schedule and cost. Her responsibilities included contract administration, office engineering, labor compliance monitoring and enforcement, SWPPP monitoring and inspection, QA inspection, progress payment and dispute resolution. In addition, Chia-Chi is responsible for labor compliance monitoring and prevailing wage enforcement. She verified employee Certified Payroll rate with DIR Rate Determination for each classification and Employee Interview Reports; verified contractor submit Certified Payroll Reports to the DIR eCPR website and all contractor worked on the project are registered with DIR.
1-215 Placentia Avenue Interchange, RCTC, Perris, CA. Labor Compliance Officer. The $42M new interchange located between

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APPENDIX I RESUMES
Ramona Expressway to the north and Nuevo
Road to the south. Adding new northbound
and southbound on-ramps and off-ramps
on 1-215 at Placentia Avenue; realigning
East Frontage Road, widening the existing
Placentia Avenue overcrossing, and adding
lanes to Placentia Avenue between Harvill
Avenue and Indian Avenue. Chia-Chi is
responsible for labor compliance monitoring
and prevailing wage enforcement. She verified
employee Certified Payroll rate with DIR
Rate Determination for each classification
and Employee Interview Reports; verified
contractor submit Certified Payroll Reports to
Dir eCPR website and all contractor worked
on the project are registered with DIR.

SR 60 Truck Climbing Lane, RCTC, Moreno
Valley, CA. Labor Compliance Officer. The
$113M project is widening a 4.5-mile section
of State Route 60 between Gilman Springs
Road and 1.4 miles west of Jack Rabbit Trail
between Moreno Valley and Beaumont. This
project consists of constructing an eastbound
truck climbing lane and westbound truck
descending lane, widening shoulders to
standard widths, improving motorist sight
distance by flattening roadway curves. Chia-
Chi is responsible for reviewing Certified
Payroll Records, Fringe Benefit Statements
and Apprenticeship Certificates for accuracy;
verifying Prevailing Wage Rate against the
information listed on the Monthly Employee
Interviews; recommending deduction for
missing payroll documents and conducts
source document verifications.
l-15 Limonite Avenue Interchange
Improvement, RCTD, Eastvale, CA. Labor
Compliance Officer. The $39M Limonite
Avenue is an east-west arterial roadway
between Hamner Avenue and Wineville
Avenue. The proposed improvements consist
of a new 8-lane overcrossing, 3 through
lanes in each direction plus 2 turn lanes,
widening of the off-ramps from 2 to 41anes,
the addition of 2 new loop on-ramps, and
the widening of Limonite Avenue to 4 lanes
in each direction between Hamner Avenue
and Wineville Avenue. Chia-Chi is responsible
for reviewing Certified Payroll Records, Fringe
Benefit Statements and Apprenticeship
Certificates for accuracy; verifying Prevailing
Wage Rate against the information listed
on the Monthly Employee Interviews;
recommending deduction for missing
payroll documents and conducts source
document verifications.

I-10 Monterey Avenue Ramp Modification,
City of Palm Desert, Palm Desert, CA.

Project Manager/Resident Engineer for this
$9M ramp modification project to: relocate
WB off-ramp to Varner Road; and construct
a direct loop on-ramp for NB Monterey
Avenue traffic, construct Retaining Walls/
Ground Anchor Wall and install new Traffic
Signal, Lighting and Ramp Metering Systems.

Chia-Chi managed the CM Team working
with City Project Manager, Caltrans Oversight
Engineers and Consultant Designers. She
was responsible for overall project scope,
schedule and cost. Her responsibilities
included contract administration, office
engineering, labor compliance monitoring
and enforcement, SWPPP monitoring and
inspection, QA inspection, progress payment
and dispute resolution.
1-15 Ranchero Road Interchange, SBCTA,
Hesperia, CA. Labor Compliance Officer. The
$32M interchange, part of the three-phase
Ranchero Road project, will provide residents
of Hesperia and Oak Hills direct access to
the freeway via Ranchero, Mariposa and
Caliente roads. Ranchero Road will consist of
three through lanes in each direction along
with additional turn lanes at the freeway
ramp connections and intersections with
two realigned frontage roads. Chia-Chi is
responsible for reviewing Certified Payroll
Records, Fringe Benefit Statements and
Apprenticeship Certificates for accuracy;
verifying Prevailing Wage Rate against the
information listed on the Monthly Employee
Interviews; recommending deduction for
missing payroll documents and conducts
source document verifications.

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APPENDIX RESUMES
W ffafflHWffi IH
Twining, Inc.

YEARS OF
EXPERIENCE:
8 EDUCATION:

PhD, Civil and
Environmental
Engineering, North
Dakota State
University, 2014
MS, Railways
Engineering, Iran
University of Science
and Technology,
Tehran, Iran 2009
BS, Industrial
Engineering, University
of Technology, 2006

AMIR GHAVIBAIOO, PHD
Materials Testing Technical Expert
Dr. Amir Ghavibazoo is Twining's Director of Asphalt Engineering and Pavement Design and has more than eight years of experience in the industry. He directs and works on pavement design, highway design, engineering specifications, and consulting services. He works closely with cities statewide to develop unique and specialized mix designs, pavement construction inspections, and pavement design solutions. Amir does more than lead projects and provides technical advice. He also contributes to research that seeks to innovate construction materials. Amir's graduate studies included Pavement Management Systems (MicroPaver), pavement evaluation, and pavement rehabilitation strategies. He was recently part of a team that evaluated the suitability and durability of "white" asphalt to reduce the urban heat island effect. Amir's specialized knowledge allows our firm to offer creative and unique pavement solutions.

Relevant Projects
Annual Overlay & Slurry Seal (Multiple Years), City of Santa Clarita, Santa Clarita, CA. Each year, streets are evaluated and identified for their need for rehabilitation or maintenance treatments. These projects include asphalt overlay, microsurfacing, and slurry seal treatments to streets in various areas of the City.

Twining performs quality assurance testing and inspection for the City of Santa Clarita on this project. Amir serves as project manager, coordinating all required testing and inspection and reviewing test results.
3rd Street Roadway and Infrastructure Improvements, City of San Bernardino, San Bernardino, CA. Twining performed pavement evaluation on approximately 4 lane miles of 3rd Street in the City of San Bernardino to recommend repair and rehabilitation strategies for the pavement at project level. Amir served as senior pavement engineer coordinating the required testing and preparing the final recommendation and design. Several alternative options were provided to the City including mill and overlay, cold in-place recycling, reconstruction, and soil stabilization.

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APPENDIX RESUMES
EDDIE PERE7
Materials Testing Field Inspector
Twining, Inc.

YEARS OF
EXPERIENCE:
11 REGISTRATIONS:

ACI Concrete Field
Testing Technician -
Grade I
Caltrans Certifications
125 AGG: Sampling -
Aggregates
Caltrans Certification
125 HMA: Sampling -
HMA
Nuclear Density Gauge
Operator
Eddie brings more than 11 years of technical expertise as a public works construction and quality assurance manager. He serves as the City's eyes and ears on public works construction. He routinely attends construction progress meetings with City officials and contractors and reviews and ensures adherence to construction plans and project specifications. His experience encompasses all aspects of public works construction with particular emphasis on roadway projects, including utility work, ADA ramp removal and replacement, street signal loop and signal install, roadway striping, and asphalt and concrete paving. He is intimately familiar with Caltrans and Green Book Standards and serves as an extension of City resources.

Relevant Projects
Annual Overlay Program, City of Thousand Oaks, Thousand Oaks, CA. The City maintains approximately 380 miles of streets and is a leader in exploring the use of innovative pavements with an emphasis on utilizing recycled crumb rubber in asphalt concrete pavements. Since 2010, the City has engaged the services of Twining to assist in the review and revision of the community's pavement rehabilitation specifications, perform materials design studies, implement quality assurance programs, perform construction inspection and testing, and perform pavement destructive testing and assist with pavement deflection testing for future pavement designs. Eddie serves as the City's Construction Manager, attending weekly construction progress meetings with City officials and the contractor(s). He reviews and ensures adherence to construction plans and project specifications. Eddie reviews the inspector's daily field reports, enforces traffic control requirements, performs field/ plant inspection scheduling, coordinates material sampling/testing, collects all load tix/invoices, and verifies and logs all bid quantities.

Perris Boulevard Widening, City of Moreno Valley, Moreno Valley, CA. The $33.9M project consisted of widening Perris Boulevard and street improvements in Moreno Valley. Twining provided geotechnical observations, material submittal review and materials testing as needed. Eddie served as Lead Quality Assurance/ Control Inspector for the project. His daily duties consisted of coordinating with City and agency personnel, keeping daily field notes, material quality control, sampling and laboratory testing.

GANNETT FLEMING A-12
183

GANNETT

FLEMING
Edward Durazo, CPM
15345 Fairfield Ranch Rd, Suite 140
Chino Hills, CA 91709
121924,1111
gdui"apei@gfnet,com
184
IV. FEE PROPOSAL

CITY OF SOUTH GATE
Tweedy Mile Complete Streets Project l City Project 614-ST I Federal Project No. ATPL 5257 (039) Task/Classifications
Construction
Manager
a (S. Quezada)
(Hrs)
Construction
Obse.ffier /
Inspector"'
(W. Williams)
(Hrs)
Construction.
6bseTher /
Inspector"'
(R. Nunez)
(OT Hrs)
Cor;stract Admin,
Support
(H. Kunz)
(Hrs)
. Total
Hours
Sub Consultant Fees Total Cost
HOURIY RATE $276.67 $211.42 $248.88 $133.00
Project Coordination/Const. Management 676 22 698 $ $ 189,954.92 Construction Observation/Inspection 1,440 1,440 $ 304,444.80 Materials Testing o S 40,000.00 $ 40,000.00
Labor Compliance o $ 17,500.00 $ 17,500.00
Utility and Outside Agency Coordination o $ $
Project Close-Out o $ $
LABOR SUB-TOT ALS $ 187,028.92 $ 304,444.80 $ S 2,926.00 2,138 $ 57,500.00 $ 551,899.72 OTHER DIRECT COSTS (ODCS) Total Hours Unit Cost
GRANDTOTAL: $ 551,899.72
Notes and Assumptions
* Fees are based on 180 working days/construction duration with construction start anticipated August 15, 2024 and end date of April 29, 2025 * Should the actual schedule require more or less professional services than proposed adiustments to this estimate may be required. ii Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. * Rates are valid through 8/1/2024. Above rates are straight-time rates. - Night work and Overtime will be billed at a pro-rata adjusted rate. * ' Denotes employees/classifications that are subject to prevailing wage. ii Wages for inspection subject to California Labor Code Section 1772. * Rates are based on DIR Prevailing Wage Determination SC-23-63-2-2023-2D which has one (1) pre-determined increase. ii This estimate is based on specific scope of work assumptions.

This not-to-exceed fee is based on 180 working days.

Additional services needed beyond the contract specified shall require prior approval from the City. NO LUMP SUM FEES WILL BE ACCEPTED. 5;1
185
ff )uatuq3t4)y

10.I I Ll
'y ' "e:
il0
r
o
o
o
z
186
I

TWEEDY ME COMPLETE STREETS PROJECT
CityProject614-ST 1
Budget Summary REVISION l
ATPL Measure R Prop C SBI Measure W
I Gas TaxIFunds NeededITotal Budget '
Design Cost $225,000 $479,506 $704,506
Construction Phase
Conmuction Contract (*) $4,442,940 $200,000 $1,775,000 $671,407 $400,000 $255,828 $7,745,175 Constnuction Management $177,060 $100,000 $200,000 $74,840 $551,900 Project Management $50,000 $50,000 $100,000
Staff Time/Other Costs $25,000 $25,000 $50,000
Contingency (*) $135,082 $330,593 $70,494 $238,349 $774,518 Total Construction Phase $4,620,000 $200,000 $2,085,082 $1,202,000 $400,000 $145,494 $569,017 $9,221,593 Total Project Costs $4,620,000 $200,000 $2,310,082 $1,202,000 $400,000 $625,000 $569,017 $9,926,099 Total Current Budget $4,620,000 $200,000 $1,411,629 $650,000 $400,000 $625,000 $7,906,629 Budget Transfer $898,453 $552,000 $1,450,453
Total Const. Budget $4,620,000 $200,000 $2,310,082 $1,202,000 $400,000 $625,000 $9,357,082 =;:g-Neae-d;d "7.

I, $569,017
Grand Total Const. Budget $9,926,099
(') Construction cost will be increased by $350,000 for accelerated construction (Total Const. - $8,095,175) Proposed Budget Transfer
Prop C Garfiekd Avenue Complete Streets 311-790-31-9564 SBI Residential Resurfacing Phase 1311-790-31-9582
SB1 Residential Resurfacing Phase II 311-790-31-9583 SB1 Residential Resurfacin8 Phase 111311-790-31-9586 Attachment - E
Cumulative
#REF!
#REF!
#REF!
187
Item No. 7
C'Uy of South Gate

CITY COUNCIL
AGEJIDA JKaTJ[,Jl,
For the Regular Meeting oj: July 9, 2024
Originating Department: Parks & Recreation
Rob HoustonnepartmeiitueaaJQSteveCOs!tley ycitvwanagerA SUBJECT: AGREEMENT WITH AJ)MINISTRATIVE SERVICES COOPERATIVE

D/B/A FIESTA TAXI FOR TRANSIT SERVICES - PHONE A RIDE

PROGRAM
RECOMMENDED ACTIONS: The City Council will consider:
a. Awarding Transit Services Agreement - Phone A Ride program ("PAR") to Administrative Services Cooperative d/b/a Fiesta Taxi ("Fiesta"); and b. Authorizing the Mayor to execute a professional services agreement for vendor in a form approved by the City Attorney.

FISCAL IMPACT: The selected PAR provider's financial teri'ns are $811,132 per year. The fixed annual cost is valid for five years assuming demand remains the same. The City's PAR program is funded through the City's annual allocation of Los Angeles County Proposition A Transportation funds ("Prop A"). Currently, the City's budget includes an allocation of $889,413 for PAR services. The agreement for the PAR program will include a dause restricting spending to that level authorized by the City Council annually.

REPORT SUMMARY: On April 25, 2024, the Parks & Recreation Department released a Request for Proposal ("RFP") for Transit Services, PAR program to provide point to point taxi- based transportation for seniors and disabled populations in the City of South Gate and approved medical locations outside the City limits. The existing contract will expire June 30, 2024, and tliis contract would extend services through June 30, 2029.

The RFP's closed on May 23, 2024. A total of two proposals were received for PAR. A committee of three staff members; the Director of Parks & Recreation, the Recreation Supervisor and the Acting Transportation Coordinator reviewed each proposal carefully. Each coinmittee member rated the proposals separately and then the coininittee met to discuss each proposal and provide a final rating for each.

The final overall score for both companies were; FiestaTaxi 274
Express Transportation 138
1 188
Because of the small number of proposals and the results of the coitaunittee's review, the Coini'nittee did not feel that final interviews were required.

The proposal that is being recomt'nended was submitted by Fiesta Taxi, the City's current service provider. The ten'ns presented in Fiesta's proposal are similar to those of our existing contract with a slight rise in costs to cover inflation for the next 5-year period. Staff and service users have been highly satisfied with the existing services and staff are recomi'nending that Fiesta be selected for award of contract and staff directed to open negotiations in order to prepare a final agreement acceptable to both parties.

ATTACHMENT: Proposed Agreement
ADDITIONAL DOCUMENTS: Copies of proposals are available upon request. 2 189

AGREEMENT FOR TRANSIT SERVICES

PHONE-A-RIDE
This Agreement for Transit Services ("Agreement") is made and entered into as of July 9, 2024, by and among the City of South Gate (liereinafter referred to as the "City"), and Administrative Services Cooperative, Inc., a Califomia cooperative corporation doing business as Fiesta Taxi (liereinafter referred to as the "Contractor").

The City and the Contractor agree as follows:

RECIT ALS
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B, The City desires to contract out for certain services relating to demand response transit services for the elderly and disabled.

C, The Contractor warrants to the City that it has the qualifications, experience and facilities to properly and timely perform the services required under this Agreement.

D. The City desires to contract with the Contractor to perform the services as described in this Agreement.

NOW, THEREFORE, the City and the Contractor agree as follows:

1.O SCOPE OF THE CONTRACTOR'S SERVICES. The Contractor agrees to provide the services and perform the tasks set forth in the attached Contractor's proposal, attached to and made part of this Agreement. The Scope of Work as stipulated in the proposal may be amended from time to time by way of a written directive from the City. In the event that there is a conflict between the terms of this agreement and the proposal, the scope of work and terms as stipulated in this Agreement shall prevail. The parties acknowledge that changes to the scope may increase or decrease the overall contract cost or levels of service. Such changes will be determined solely based upon the unit cost provided within the proposal.

2.0 TERM OF AGREEMENT. This Agreement will become effective as of July 1, 2024 ("Commencement Date") and will remain in effect for a period of five (5) years until June 30, 2029, unless otherwise expressly extended and agreed to by both parties in writing and terminated by either party as provided herein.

3.O CITY AGENT. The Director of Parks & Recreation, or his/her designee, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Contractor understands that the Director of Parks & Recreation, or his/her designee, has the authority to provide that approval or authorization. 190
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4.O COMPENSATION FOR SERVICES. The City shall pay tl'ie Contractor for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work's fee and cost schedule. The entire cost of services under this Agreement shall not exceed $811,132 per year or, if different, the amount budgeted by the City Council for such transit services in any applicable fiscal year of tlie City during the life of this Agreement ("Transit Budget"). To avoid cost overruns, and tlie possibility of expending General Funds from the City, the compensation paid to Contractor shall be managed to establish a contingency reserve from said amount in the sole discretion of tlie Director of Parks and Recreation to take into account periods of higher or seasonal activity in other parts of the year.

No additional compensation shall be paid for any other expenses incurred, unless first approved by tlie Director of Parks & Recreation or hisfher designee. Services provided, or debt incurred by the Contractor if in excess of the amount budgeted by the City Council per year shall be at the Contractor's own expense without exception. Costs shall be evaluated monthly as part of regular progress meetings and levels of service modified with the consent of the City to ensure that annual costs remain within specified limits. All administrative fees and other expenses required to be incurred by the City for implementation of this Agreement, whether paid to Contractor or a third party, shall be considered part of the Transit Budget limit.

4.1 Within the limits and restrictions stipulated above and those listed in 7.1.5 and 7.2, the City shall only pay for verified Phone-A-Ride trips recorded through the EZTransport card system to approved South Gate Phone-A-Ride customers. Trip cost for these Phone-A-Ride services shall be based upon Fiesta's standard meter fares and the final cost determined using a pre-calculated "shortest trip" and not the actual meter reading. In addition to actual trip costs, the Cityshallpayanadministrationfeeequalto 15%ofthetotalPhone-A-Ridechargesineachmonth, which amount shall be drawn from the Transit Budget. The City shall also pay use costs for the EZTransport card system as specified in the attached Contractor's proposal, which expenditures shall be paid from the Transit Budget. It will be the Contractor's responsibility to track, verify, calculate and submit for payment all charges on a monthly basis, which shall be subject to audit by the City at any time.

4.2 Tlie Contractor shall submit to the City, by not later than the I0th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay tlie Contractor all uncontested amounts set forth in the Contractor's bill within 30 days after it is received.

4.3 Annually, it is contemplated that the City shall approve, as part of the regular budget process, a total amount of funding to be made available to this program.

Notwithstanding, if the City determines that this program shall not be funded in whole or in part, said determination shall set the amount of this Agreement. Contractor expressly understands and acknowledges that the Director of Parks and Recreation may require that a contingency reserve shall be set aside from the budgeted amount for said transport services provided under this Agreement to provide for periods of higher or seasonal activity, and to avoid the possibility of expending General Funds from the City for such services. 191
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5,O CONFLICT OF INTEREST. The Contractor 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 the Contractor under tliis Agreement.

The Contractor furtlier represents tliat in perfon'nance of this Agreement, no person having any such interest shall be employed by it.

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

6.0 GENERAL TERMS AND CONDITIONS.
6,1 Termination. The City, at its sole discretion, may teri'ninate this Agreement, with or without cause, by giving the other party sixty (60) calendar days written notice of such teri'nination and the effective date thereof.

6.1.1 In the event of such teri'nination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Contractor under this Agreement shall be returned to the City. If the City ten'ninates this Agreement without cause, the Contractor shall prepare and shall be entitled to receive compensation pursuant to a final bill for transportation services rendered pursuant to this Agreement through the termination date. If the City terminates this Agreement for cause, due to the Contractor's failure to comply with any terms of this agreement, the Contractor shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 Notwithstanding the foregoing, the Contractor shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement, and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.1.3 UponwrittennoticetotheContractorbytheCityoftheContractor's failure to fulfill any term of this agreement, if the Contractor fails fully or satisfactorily to perfori'n the Professional Services within the time specified herein and does not correct such failure within a period of ten (10) days after receipt of notice from the City specifying such failure, the City may provide written notice of termination to the Contractor specifying the effective date thereof.

6.1.4 If the City tenninates this Agreement for cause, then:

6.1.4.1 The City may elect to procure services similar to those ten'ninated upon sucli terms and in such manner as it may deem appropriate;

6.1.4.2 The Contractor shall upon demand by the City therefore promptly deliver to the City all finished or unfinished documents, reports, photographs, 192
Agreement for Transit Services
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Page4of31
films, chaits, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession or control of the Contractor and relating to tlie Professional Services; and

6.1.4.3 The Contractor shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work perfonned up to the date of terinination, consideration shall be given to both completed work and work in progress, and to otlier documents whether delivered to City or in possession oftlie Contractor, and to any authorized reimbursement expenses.

6.1.5 The Contractor may, by giving written notice to the City of such termination and specifying the effective date thereof, tenninate the whole or any part of this Agreement if the City fails to fulfill timely its obligations under this Agreement and does not correct such failure within a period of thirty (30) days after receipt of notice from the Contractor specifying the nature of such failure.

6.1.5.1 If the Contractor tenninates this Agreement in whole or in part pursuant to this Section 6.1, then the Contractor shall be entitled to be paid compensation in accordance with the ten'ns of this Agreement for any work satisfactorily completed hereunder.

In ascertaining the value of the work perfon'ned up to the date of termination, consideration shall be given to both completed work and work in progress, provided such has been delivered to the City, and to any authorized reimbursable expenses.

6.2 Non-Assignability. The Contractor shall not assign or transfer or subcontract any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Contractor shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the perforinance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Contractor shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of perfornnance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Contractor shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Commercial General Liability Insurance, written on an "occurrence" basis with a minimum limit of liability of FIVE MILLION DOLLARS ($5,000,000) combined single limit per "occurrence" for bodily injury, personal injury and property damage. If the policy contains a general aggregate limit, then such aggregate limit shall not be less than FIVE MILLION DOLLARS ($5,000,000) and shall contain a per location aggregate limit.
193
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(c) Business Automobile Liability Insurance, for all vehicles used in relationship to taxi-based services (defined as vehicles with a capacity of ten (10) passengers including the driver or less) insuring all owned, non-owned and hired automobiles and blanket contractual liability coverage with a limit of liability of TWO MILLION DOLLARS ($2,000,000) combined single limit per accident for bodily injury and property damage." (d) Each such policy of insurance referenced above shall:
1) Beissuedbyafinanciallyresponsibleinsurancecompanyor companies admitted and authorized to do business in the State of California or which is approved in writing by City.
2) Nai'ne and list as an additional insured the City, its officers and employees.
3) Specify that the policy shall act as primary insurance. 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change." 5) Cover the operations of the Contractor pursuant to the terms of this Agreement and in the case of subcontractors, Contractor shall cause said subcontractors to provide evidence of insurance in the same amount and to the same extent as required of the Contractor

6.5 Indemnification. Contractor agrees to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Contractor's performance of this Agreement, including loss or liability caused by the City's negligence, except loss or liability caused by the City's sole willful conduct or active negligence.

6.6 Compliance With Applicable Law. The Contractor and the City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governrnents.

6.7 Independent Contractor. This Agreement is by and between the City and the Contractor and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Contractor

6.7.1. The Contractor shall be an independent Contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Contractor, or any of the '7 194
Agreement for Transit Services
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Contractor's employees, except as lierein set forth, and the Contractor expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Contractor is and sliall at all times remain to tlie City a wholly independent Contractor and the Contractor's obligations to the City are solely such as are prescribed by this Agreement. 6,8 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 the Contractor.

6.9 Legal Construction.
(a) 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.
(b) Tliis 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 eacli 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.
(c) 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.
(d) 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.
(e) Contractor and City warrant and represent that prior to executing this Agreement that they each have consulted with an attorney or have knowingly and voluntarily chosen not to seek such consultation regarding this Agreement. 6,10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an Agreement which shall be binding upon all parties hereto.

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

6.12 Files. All files of the Contractor pertaining to the City shall be and remain 195
Agreement for Transit Services
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the property of tl'ie City. The Contractor will control tlie physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.13 Waiver; Remedies Cumulative. Failure by a party to insist upon the perfori'nance 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 tlie other party shall be effective or binding upon such 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 breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies pen'nitted 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.

6.14 MitigationofDamages. InallsuchsituationsarisingoutofthisAgreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

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

6.16 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.

6.16.1 DisputeResolutionThroughMediationAndBindingArbitration; Waiver Of Bench And Jury Trial Rights: In the event of a dispute arising out of, or in any way relating to, this Agreement, the parties shall attempt to informally resolve the matter. If the matter caru'iot be resolved informally, the Contractor AND City agree that the dispute will be submitted exclusively to final and binding arbitration before the Judicial Arbitration and Mediation Service ("JAMS"), unless the parties agree in writing to a different arbitration method or forum. The parties agree that the arbitrator selected must be a retired judge or justice. The parties expressly agree to waive any and all rights to a bench or jury trial, and that judicial recourse shall be limited to seeking provisional remedies (i.e., temporary restraining orders and/or preliminary injunctions), and to petitions seeking to compel arbitration of disputes.

6.17 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Contractor, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or perfon'ning this Agreement, 196
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is relying upon any statement or infon'nation not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Contractor

6.18 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

To City:

Steve Costley
Director of Parks & Recreation
City of South Gate
4900 Southern Avenue
South Gate, CA 90280
Phone: 323-563-5478
Fax: 323-564-8632
E-mail: [email protected]
Copy To:

Yodit Glaze
City Clerk
Office of the City Clerk
8650 California Avenue
South Gate, CA 90280
E-mail: [email protected]
Phone: 323-563-9511
To Contractor:

Marco A. Soto
Vice President of Marketing and Public Affairs
Administrative Services Cooperative, Inc., Fiesta Taxi Cooperative, Inc. dba: Fiesta Taxi or 1-800-

TAXICAB
2129 West Rosecrans Avenue
Gardena, CA 90249
Phone: 310-851-5050
Fax: 310-327-1703
E-mail: msoto(mlayellowcab.com

6.19 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.

7.O SCOPE OF WORK. Terms cited in this scope of work may be outlined in greater detail in Attachment "A". In the event of a conflict, the terms of this Agreement shall govern over the Contractor's proposal.

7.1 Demand-Response System (Phone-A-Ride) specific requirements are as follows:

7.1.1 Provide transportation to eligible City residents - The operator will be expected to provide trips for both same-day service as well as trips being scheduled one or more days in advance. Persons will be encouraged to call for service a day in advance. All trips must be requested individually. "Flag-downs" or requests for service directly between driver and residents are not allowed. Contractor bears the sole risk of providing services to any resident who is not an existing and valid holder of an EZTransport card. 10 197
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7.1.2 Eligible users for Phone-A-Ride are only tlie City's senior and disabled population. For tlie purposes of this program, "Seniors" are defined as South Gate residents that are age 62 years or older. Eligible users must be registered with the City of South Gate Department of Parks and Recreation. The City will provide eligible users with appropriate identification as such in a means agreeable to the Contractor and the Contractor shall require such identification as a condition of providing transport services at the time of pick-up.

7.1.3 Hours of Service - Demand-response service shall be available 24 hours per day, seven days per week including holidays. The City may, at its sole discretion, reduce the hours of service upon ten (10) calendar days written notice to the Contractor.

7.1.4 FareLevel-AnyfarechargeddirectlytothePARcustomer will be determined by the City of Soutli Gate at its sole discretion. Currently, there is a $1.00 per trip fee charged to tlie customer at the time of service. The City may change fares at its sole discretion with ten (10) calendar days written notice to the Contractor. Any fares charged will be collected by the Contractor and accounted for and deducted from the monthly invoice presented to the City. Collection and accounting of tliese fares is solely the responsibility of the Contractor and as such, the amount of each fare will be deducted from the City's invoice based upon the number of trips regardless of the amount collected by the Contractor

7.1.5 Cost of Service - Meter rates shall remain at tlie levels stipulated in the attached Contractor's proposal for the term of the Agreement. Annually, the Contractor may request an increase in these rates for the coming term up to a maximum of those meter rates allowed by the County of Los Angeles. Such increases are subject to approval by the City in the City's sole discretion.

7.1.6 Service Area - The Phone-A-Ride program will provide service within the boundaries of the City of South Gate. Additionally, trips will be provided for medical purposes to the following locations:

Professional Offices, 3100 Florence Ave, Huntington Park, 90255 Medical Offices, 4566 E Florence Ave, Bell / Cudahy, 90201 Medical Offices, 5101 Florence Ave, Bell / Cudahy, 90201 Medical Offices, 6001 Clara st., Bell Gardens, 90201 Bell Gardens Pharmacy, 7625 Eastern Ave, Bell Gardens, 90201 Davita Premier Dialysis Center, 7612 Atlantic Ave, Cudahy, 90201 Kaiser Permanente, 7825 Atlantic Ave, Cudahy, 90201 Rancho Los Amigos Medical Center, 7601 E Imperial Highway, Downey, 90242 Medical Offices, 10800 Paramount Blvd., Downey, 90241 Downey Regional Medical Center and associated medical facilities within two blocks Kaiser Permanente, 9333 - 9449 Imperial Highway (Including 12200 Bellflower Blvd), 90242
Kaiser Peri'nanente, 9333 - 9400 Rosecrans Ave & 14371 Clark Ave, Bellflower, 90706 Davita Inc, Dialysis Center, 4345 E. Imperial Hwy, Lynwood, 90262 l\ 198
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Davita Kidney Dialysis Center, 3600 Martin Luther King Jr. Blvd, Lynwood, 90262 St. Francis Hospital, Lynwood, and associated medical facilities witliin two blocks Martin Lutlier King Medical Center, 12021 Wilmington, Los Angeles, 90059 Tliis list may be updated by direction of Director of Parks and Recreation with ten (10) days written notice to meet clianging transit needs.

7.1.7 Shared Rides - Shared rides, in which more than one passenger is picked up, are encouraged. Companions accompanying an eligible EZTransport card holder and sharing the same pick-up point and destination as the EZTransport card holder shall not be charged a fee. Likewise the Contractor shall not bill the City for that companion's ride. In the event an EZTransport cardholder shares a ride or portion of a ride with another EZTransport card holder, the City shall be billed for only one rider during that portion of the trip where more than one cardholder is in the vehicle. Phone-A-Ride trips may not be shared with non-Phone-A-Ride tnps.

7.1.8 Passenger Packages - Passengers traveling from shopping (grocery or otherwise) sliall be allowed up to five (5) packages per trip. Drivers are not required to assist passengers with packages. City is not responsible for any lost or damaged packages.

7.1.9 Vehicles - Vehicles will be provided by the Contractor. If not new, vehicles should be in a condition so that they do not exceed the Federal Transit Administration (FTA) approved useful life in teri'ns of miles during the initial term of this Agreement. Tlie City reserves the right to inspect and accept or reject the proposed vehicles. All vehicles shall be fully equipped taxicabs, painted with Fiesta Taxi or 1-800-TAXICAB logo and trade dress, and shall be either (a) full-size sedans, minivans and full-size vans with a seating capacity of not less than 5 passengers, or (b) minivans modified for wheel chair accessibility, compliant with all ADA regulations, and equipped with a ramp and not less than two wheelchair tie downs. In order to encourage fuel efficiency, a portion of the fleet may also consist of smaller vehicles which are hybrid or alternative fuel technologies. Contractor will work with City to assure that appropriately sized vehicles are used on every customer call. All drivers shall be fully licensed as required by law.

7.1.10 As part of this Agreement, tlie Contractor shall be required to maintain availability of ADA accessible vans to provide service within the designated service area at all times. A minimum of twelve (12) wheelchair-accessible minivans shall be operated in South Gate or surrounding communities and shall be licensed for use in the City of South Gate. A minimum of 2 of tliese vans will be in service and prioritized for service to South Gate non- ambulatory Phone-A-Ride customers at all times between the hours of 8:00am and lO:OOpm weekdays. At least one van will be in service and similarly prioritized for South Gate at all other hours.

7.1.11 The City may set, at its sole discretion, a limit to the maximum amount of trips per month that each patron is allowed under the PAR program. This 12 199
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trip limit may be adjusted for individuals due to justifiable needs or may be changed for all patrons with 10 day's notice by the City. These limits will be managed by tlie City through the EZ Transit Card system requiring only that the diiver verify on each passenger trip by swiping the customers card. Any trips honored by the Contractor or his agents beyond the allotted trips are at the Contractor's sole risk and expense.

7.1.12 The City wants to encourage use of tl'ie PAR system to provide seniors with easy access to tlie Margaret Travis Senior Center located at South Gate Park.

Trips whicli originate or tenninate at the Senior Center will not be counted against the passengers monthly trip limit. Trips to or from the Senior Center will still be charged at $1.00 per trip. In order to encourage ride sharing, passengers who share rides will only be charged $1.00 for all passengers, regardless of the number of stops required to pick up or drop off individual passengers so long as all passengers either begin or end their trip at tlie Senior Center. 7,2 General Operating Standards

7.2.1 The Contractor shall coordinate, manage, and control all necessary program activities which shall include: operating the services, vehicle maintenance and management personnel; providing driver and other personnel training; developing administrative procedures, perfon'nance statistics, and financial records; and developing methods to maximize service efficiency.

7.2.2 The Contractor shall not enter into agreement with any other party for use of equipment or personnel involved in the provision of tliis service without the approval of the City.

7.2.3 Contractor's Persoru'iel and Subcontractors
7,2,3,1 The Contractor shall be solely responsible for the satisfactory work performance of all employees, and any of its subcontractors, as such performance was described by the RFP and any other reasonable perfori'nance standard that may be established by the City from time to time. The Contractor shall be solely responsible for payment of all employees' wages and benefits, and all subcontractors' costs. Without any additional expense to the City, the Contractor shall comply with the requirements of employee liability, worker's compensation, employment insurance and Social Security. The Contractor shall hold the Cityhannless from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or any claims asserted by any subcontractor arising from or in any way related to services rendered in connection with this Agreement. 7,2,3,2 Training and performance standards for all personnel shall be in compliance with those standards and practices outlined in the attached Contractor's proposal. The City may, at its discretion, require additional training practices or standards for the Contractor's personnel if it is found that the proposed practices are not achieving the City's expectations.
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7.2.3.3 City shall liave the right to demand removal from the program, for reasonable cause, any persoi'inel furnislied by the Contractor. Tlie City must be notified promptly of new hires or reassigni'nents of program personnel or sub-contractors.

7.2.4 Vehicle Operators

7.2.4.1 Veliicle operators shall work on a schedule that will ensure a consistent and overall high quality of service. Bus (11 passenger or greater) operators must have at least a valid California Class II or Class B (with appropriate endorsements) Driver's License and Medical Examination Certificate, as well as, any other licenses required by applicable federal, state and local regulations. All taxi operators must have a valid South Gate Taxicab Driver's Pen'nit including criminal background check and a valid Califomia Class C Driver's License. All vehicle operators must meet the minimum standards listed below.

Contractor shall comply with the hiring standards listed in their proposal including their background clieck policies and procedures
* Not have been convicted of any felony or of a misdemeanor involving dishonesty, theft, vandalism, violence or moral turpitude. Background checks must include submittal of fingerprints to the Department of Justice. * Not have been convicted of diiving wliile intoxicated or under the influence of controlled substances within the preceding five years, or not have criminal charges pending for an offense for driving while intoxicated or under the influence of controlled substances.
* Not be addicted to the use of alcohol or controlled substances. * Not be subject to outstanding warrants for arrest. * Able to read, write and speak English. Bilingual skills in Spanish are highly desirable.
* Thorough knowledge of the service area street network. * Sensitivity to passengers' needs, including assisting passengers, upon their request.
* Able to handle complaints and problems as required.

7.2.4.2 Vehicle operators must be trained in all
operational procedures relating to the system. Training must include techniques for dealing with the public in a helpful and courteous maru'ier, basic information about tlie route and the City of South Gate, and sensitivity and empathy training directed towards the needs of elderly and disabled passengers, in compliance with the Ainericans with Disabilities Act.

7.2.4,3 Vehicle operators shall be trained to operate all types of vehicles, wheelchair lifts, ramps, and securement systems, as well as, other equipment which they may be expected to use in the Phone-A-Ride services. This requirement pertains to all vehicle operators, both regularly assigned and relief vehicle operators. iH 201
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7.2.4.4 While perfori'ning their duties, veliicle
operators must maintain a clean and neat appearance and must be in a uniform acceptable to the City. Uniform shall include both shirt/blouse and slacks. Operators shall wear name tags clearly displaying their names while perfon'ning their duties. While jackets and hats are not required, they should, if worn, match the unifoim, and jackets should display the drivers' name tag.

7.2.4.5 The Contractor shall conduct
pre-employment DMV (Department of Motor Vehicles) checks of all personnel liired or contracted for service and shall join the Califon'iia DMV Pull Notice Program, whereby the Contractor shall be notified of any activity on a vehicle operator's driving record. Any operator exceeding the California DMV point system or with arevoked or suspended license will not be allowed to operate tlie City's service. Contractor shall notify the City of the results of these checks and whatever corrective actions taken, if any.

7.2.5 Maintenance Staff - Contractor shall supply a sufficient number of properly qualified personnel to maintain and service all Contractor-provided equipment used for the City's service. Contractor shall ensure all mechanics are properly trained in the operation and maintenance of tlie vehicles and equipment specified in the scope of the program.

Contractor shall provide mechanics with ongoing training in order to keep abreast of new maintenance techniques and equipment.

7.2.6 Dispatching and Service Inforination Personnel - Contractor shall have capable and courteous personnel who are responsible for taking Phone-A-Ride requests and responding to telephone inquiries regarding transportation services. At least one bilingual (Spanish) dispatcher will be available during normal service hours with the ability to transfer calls to this dispatcher as needed.

7.2.7 Vehicles/Equipment

7.2.7.1 Contractor will insure that an ADA
accessible vehicle will be dispatched to all calls that require ADA accessibility.

7.2.7.2 Allvehiclesandvehicleequipmentrequired
by this RFP shall be maintained by the Contractor in good repair and in a condition satisfactory to the City. Contractor shall assume all responsibility for the proper maintenance of the vehicles.

Maintenance records for eacli vehicle will be maintained for aperiod of 3 years beyond tei'mination of this contract and must be provided to the City on demand.

7.2.7.3 A preventative maintenance progra'i'n must
be established in accordance with the attached Contractor's proposal. Each vehicle must receive a daily pre-trip inspection by the operator prior to being placed in service. Daily pre-trip inspections must be supplemented by regular time and mileage maintenance inspections to ensure safe and proper operating condition of vehicles. Preventive maintenance inspections and servicing shall occur not less than every 3,000 miles or thirty days, whichever is less. A record of all such 202
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inspections shall be kept by Contractor and made available to the City.

7.2.7.4 Inspection of each veliicle shall be
completed after its daily service to ensure all lights are functioning, all seating is secure and that all tires, wheels, lugs, air brake systems (if applicable), wheelchair lifts and exit doors are in proper operating condition.

7.2.8 Applicable Codes and Regulations

7.2.8.1 All vehicles used for South Gate services
shall be safe for operation on public streets and meet all tlie appropriate requirements in the California Vehicle Code. All paits of the vehicle and all equipment mounted on or in the vehicle shall conforin to the Federal Vehicle Safety Standards and the California Code of Regulation, Title

13. Particular attention shall be directed to the California Highway Patrol Motor Carrier Safety Regulations.
comply with the DMV Pull Notice Program.

7.2.8.2 The Contractor shall participate in and

7.2.8.3 Contractor shall pay for all applicable
license fees for drivers, other personnel and vehicles.

7.2.9 Vehicle Maintenance

7.2.9.1 Tlie Contractor shall provide and maintain appropriate veliicle storage and maintenance facilities for the garaging and servicing of the vehicles and vehicle equipment. Such facilities will be subject to inspection by the City.

7.2.9.2 At all times, the Contractor shall maintain all components of each vehicle including its body, frame, wheelchair lift, furnishing, mechanical, electrical, hydraulic or other operating systems in proper working condition free from damage and mal'function. The Contractor shall replace and repair immediately any veliicle damaged in any accident or otherwise damaged which impairs the proper and safe mechanical operation of the vehicle.

7.2.9.3 Recognizing that the safety of the
passengers is paramount, the Contractor's maintenance staff shall not:

1. Install mismatched tires.

2. Perfon'n partial brake relines without determining the cause of abnormal or premature wear.

3. Allow tires to wear more than 3/32 tread depth.

4. Replace a dead battery witliout testing charging system to ensure the battery will not go dead due to system malfunction.

5. Fail to ensure on a daily basis that each vehicle is in proper condition to pass all scheduled >tp 203
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and unscheduled inspections.

6. Allow any reported wear item to go un-repaired tliat would not hold up until the next scheduled inspection. The emphasis must be on preventing breakdowns.

7.2.9.4 The Contractor, at its sole cost and expense, sl'iall maintain stores of and provide lubricants, repairs, parts and supplies required for the maintenance and operation of all vehicles utilized in providing services.

7.2.9.5 Vehicles must be kept clean including
exterior washing at least once weekly and after every rain, with the vehicle interiors swept or vacuumed daily to remove all dirt and debris. All graffiti must be removed each day so that no vehicle leaves the storage facility with any graffiti. Etching on windows must be removed and replaced as soon as practical but no later than one month.

7.2.9.6 Contractor shall maintain an individual file for each revenue vehicle to include date of action and all preventive maintenance functions including warranty work and any other pertinent maintenance data, including but not limited to fuel, lubricants and other fluid use.

7.2.9.7 The Contractor shall dispatch a spare
vehicle in the event of a vehicle breakdown. The maximum allowable response time from the moment a trouble call is received until a substitute vehicle arrives will be no more than 20 minutes.

7.2.9.8 The Contractor shall install a two-way radio cominunications system for the Phone-A-Ride vehicles that will allow for the timely and efficient dispatching, coordinating and responding to service calls. The system may be of the Contractor's choice. The radio communication system must cover the routes of service, storage and maintenance facilities and the dispatch location without dead spots. Each revenue service vehicle as well as each administrative vehicle shall have a receiver/transmitter installed and operational.

In addition, one hand-held mobile unit witli a charger or fixed base station shall be provided for the City, for the purpose of providing coinrnunications between the dispatch office and revenue service vehicles during emergencies. Contractor shall be responsible for maintenance of the radio equipment to keep it in good operating condition, and must comply with all applicable federal statutes and regulations in connection with its use.

7.2.9.9 The Contractor shall notify the City of all accidents, both by telephone (within one hour) and in writing (by the close of the next business day).

7.2.10 0perational Emergencies

7.2.10.1 The Contractor shall be responsible for the enforcement of policies with regard to operational emergencies. The City may revise or establish additional policies. Contractor shall be responsible for the handling and resolution of all II 204
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operational emergencies and contingencies including, but not limited to, the following:

1. Hazardous Conditions - Vehicle operators shall report all hazardous road conditions (i.e., downed trees, missing bus signs, graffiti on bus benches, malfunctioning signals, etc.) in the City to the Contractor's supervisor. Contractor, in ttu-n, shall immediately notify the City of such conditions and shall take necessary precautions to safeguard passengers and personnel.

2. In-Service Vehicle Failures - Contractor shall require the vehicle operators to report any in- service vehicle failure to the Contractor's supervisor. The supervisor will attempt to ascertain the problem, use good judgi'nent, and instruct the veliicle operator to take appropriate corrective action.

If necessary, the supetavisor will irni'nediately send a spare vehicle to the location and the operator and passengers will change vehicle and continue in service. Contractor, if necessary, shall send a mechanic to the location in order to take corrective measures and/or supervise the towing of the vehicle. Contractor shall report any in-service vehicle failures to the City iini'nediately and not later than the start of the next service day.

3. Wheelchair Lift Failure - Contractor shall be responsible for the proper operation and maintenance of all wheelcliair lifts. Contractor shall require vehicle operators to repoit all in-service lift failures to tl'ie Contractor's supervisor. If the lift fails while attempting to board a wheelchair passenger, the supervisor shall promptly arrange for altennate transportation for the passenger in the wheelcliair inconvenienced by the lift breakdown. If the lift fails while attempting discharge of a wheelchair passenger, the operator shall manually operate the lift and notify the supervisor. The supervisor shall arrange a vehicle change as quickly as reasonably possible following any lift failure. Contractor shall report all in-service lift failures to the City no later than the start of the next service day.

4. Passenger Disturbances - Contractor shall instruct vehicle operators to report nonpayment of fares; graffiti or other vandalism on the vehicles; pushing, shoving and other disturbing or dangerous conduct; and other serious passenger disturbances to the vehicle operator's supervisor or dispatcher. The supervisor shall use good judgment in handling the passenger disturbance by appraising the situation, issuing appropriate instructions to the operator and request law enforcement assistance if necessary.

5. Medical Assistance to Passengers - Contractor's employees shall use good judgment in responding to passenger accidents, injuries, or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the vehicle operator shall iinmediately advise the Contractor's supervisor by radio of the situation and location of the vehicle, and the supervisor shall notify the County Fire Department/Paramedics for assistance. An incident report shall be completed documenting the incident with a copy to the City no later than the start of the next service day.

6. Accidents - Contractor shall require all vehicle operators to report any accident or incident involving the vehicle to the Contractor's supervisor. The supervisor shall use good judgi'nent in handling the situation, and shall immediately notify police or fire department if necessary. The 205
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supervisor shall report all accidents to City by telephone ii'nu'nediately. Both the operator and supervisor will complete an accident repoit approved by City with copy to the City no later than the start of the next service day. The Contractor shall submit all accident-related reports to the DMV as required.

7.2.11 Management - The Contractor shall be responsible for program management according to specified operating procedures. The City may establish additional requirements which are reasonable for operation of this service after consultation with the Contractor. Further, the Contractor shall work closely with City staff in scheduling and management of resources to ensure the most cost-effective operation while maintain customer service perfonnance standards.

7.2.12 0perating Performance Standards and Penalties - The Contractor shall operate vehicles with due regard for the safety, comfort and convenience of passengers and the general public. To ensure that the Contractor's operation meets all requirements of the City, the City will set perfon'nance standards for its services. Contractor and the City shall meet periodically to evaluate perfon'nance of the system based upon these standards. If the standards are not fulfilling their intended purpose, they will be adjusted based upon recommendations made by Contractor with the concurrence and final decision by tl'ie City. Should it be found that tlie Contractor's performance has contributed to Contractor's failure to achieve these standards, Contractor shall take all reasonable actions requested by the City to correct deficiencies in perfori'nance. Should deficiencies persist, the City may assess liquidated damages.

All liquidated damages assessed against the Contractor will be deducted from the monthly invoices by the same amount. The City's Director of Parks and Recreation shall maintain the right to assess liquidated damages against the Contractor, as set forth herein, based on the Contractor's failure to meet the established standards. Circumstances beyond the control of the Contractor, causing the Contractor to fail to comply with the stated performance requirement, will be considered as just causeonthepartoftheCitynottoassessliquidateddamagesagainsttheContractor. Thefollowing examples are to establish a standard for common causes of liquidated damages and are in no way intended to limit the ability of the Director of Parks & Recreation to assess liquidated damages for other causes or at different levels based upon the specific circumstances of each occurrence.

7.2.12.1 Complaints All complaints, whether
received by the City or Contractor, sliall be responded to by the Contractor within one week of the Contractor's receipt of the complaint, either written or verbal. The response shall be in writing and shall specifically address the complaint and explain the reason for the events which precipitated the complaint. A copy of each letter sent by the Contractor responding to the complaints shall be sent to the City of South Gate.

The City and Contractor shall investigate and document all complaints or citizen concerns as part of program administration by collecting and sharing as much pertinent information regarding the complaint and the circumstances surrounding the complaint. The Contractor shall provide the City with appropriate documentation and justification on all complaints that Contractor feels are unwarranted or that have extenuating circumstances. The City shall determine appropriate actions iq 206
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to be taken as a result of complaints witli the cooperation of the Contractor.

7.2.l2.2Customer service is very important in
building ridersliip and support for this service. Service should be provided as scheduled or according to any adjusted schedule established by the City, including route modifications required as a result of special events or a declared emergency. Contractor shall not be held responsible for the failure to provide on time service due to weather, unavoidable vehicle malfunctions, and/or naturally occurring disasters.

7.2.12.3 The following specific applications are
designed to establish common situations which may result in liquidated damages being assessed and the amount of those damages. These examples are in no way intended to limit the ability of the City to assess damages as determined to be appropriate in any actual situation:
a. All service complaints including, but not limited to; missed pick-ups, late pick-ups (more than 25 minutes past the scheduled pick up time), inappropriate advertising or graffiti, and rude behavior (including asking for or demanding tips), whether written or verbal, shall be reported to the City. If the City receives five (5) or more verified service complaints during any calendar month, the City may assess $1,000 in liquidated damages to be deducted from the next month's invoice. In the event of such assessment, the City must noti'fy the Contractor in writing of their intent to assess such penalty and request that the Contractor reduce their invoice by the penalty amount.
b. A missed pick up is defined as failure to pick up a client even though the client has requested service and tlie Contractor has agreed to provide service at a mutually agreed upon time and place.

The City will allow the Contractor to miss no more than two pick-ups in any calendar month. The City may assess $250 in liquidated damages for every missed pickup in excess of two in any calendar month to be deducted from the next month's invoice. In the event of such assessment, the City must notify the Contractor in writing of their intent to assess such penalty and request that the Contractor reduce their invoice by the penalty amount. c. The Contractor shall maintain satisfactory California Highway Patrol (CHP) terminal inspection throughout the life of the contract (proof of CHP certification is required). If the Contractor receives an unsatisfactory rating from the CHP, the Contractor shall notify the City immediately and state what is being done to correct the deficiency.

The City reserves the right, at its sole discretion, to inspect and reject temporarily or permanently by notice to the Contractor, any vehicle the Contractor utilizes which the City deems unacceptable.

In the event any revenue vehicle is rejected permanently by the City as a result of the vehicle's conditions, Contractor shall replace the vehicle with one that is acceptable to the City. Contractor shall be responsible for liquidated damages of $500 per day for service internuptions due to inadequate vehicles available.
d. If any regulatory agency or funding source penalizes the City for late, incomplete or 2C) 207
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inaccurate data which was the Contractor's responsibility to collect and/or provide to the City, the liquidated damages shall be the amount of the penalty and any administrative costs incurred by the City.

7.2.13 Contractor must have sufficient telephone lines to handle the additional calls from South Gate residents. Contractor shall provide a Customer Service telephone line which shall be a toll-'free call from anywhere within the City of South Gate, to provide infori'nation and take Phone-A-Ride service requests. One TDD phone must also be provided for persons with hearing impain'nents. All personnel sliould be trained to respond accurately and professionally. All corni'nents and complaints shall be received by the City and logged on a mutually agreed upon complaint fornn and referred to the Contractor who shall respond the next working day with a description of any follow-up action taken or anticipated. Contractor must have a facsimile machine compatible with the City's and email capabilities.

7.2.14 TheCitymayrequestandrequiretheContractor'sassistance in applying for grants and funding opportunities to support or improve this service program.

Unless otherwise stipulated or required by the granting agency, all funds received from grants received, National Transit Database (NTD) subsidy and other sources for the purpose of supporting or supplementing this program become property of tlie City, who, at its sole discretion, shall deten'nine how best to use those funds.

7.2.15 Advertising on Vehicles - The City shall retain final authority over the types of advertising and specific ads that are acceptable on vehicles assigned to this program. For taxi cabs that are not dedicated to South Gate Phone-A-Ride service, but which may provide service to this program, Contractor warrants and represents that it will not use any taxi cab wl'iich carries any advertising that is for "adult oriented" businesses. Contractor acknowledges that these warrants and representations constitute amaterial term of this Agreement, and that a failure to comply with such warrants and representations shall be a basis for disciplinary wariiings and actions, including suspension or teri'nination, in whole or in part, of this Agreement, in the City's sole discretion. The City sliall have the right to object to the content of any advertising carried on Fiesta's taxicabs providing service to the South Gate Phone-A-Ride program. In the event that the City makes such an objection, Fiesta agrees to remove vehicles with that particular advertising from service under the program until the advertising copy lias been changed.

Contractor also agrees to comply with any local, State or Federal ordinance or law relating to or governing limitations on advertising appearing on taxi cabs operating within City limits.

7.2.16 Program Operational Records - Records and reports should be consistent with all National Transit Database (NTD) requirements, as well as all other reporting required by the Los Angeles County Metropolitan Transportation Authority (Metro). In addition, the City of South Gate may be required to provide statistical information in order to comply with other grant and legislative requirements. The City will use the information requested in this section to monitor and evaluate the productivity of the service. Information must be submitted to the City according to the reporting schedule to be established by the City. All reports shall be submitted to the City in a format approved by the City. The Program Manager will prepare and submit to the 21 208
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City, witli appropriate back-up, no later than the tenth calendar day of each month, a suini'nary report of operations for the service which will include at least:

7.2.16.1 Daily totals of passenger counts, revenue hours, total hours, revenue miles, total miles, farebox revenue, passenger types any otlier operating data collected, documenting any discrepancies in the reported number of passengers carried and the amount of fares collected by the operator.

7.2.16.2 Passenger pick-up and drop-off times and
locations for the Phone-A-Ride service.

7.2.16.3 0perational problems, accidents, incidents and passenger complaints and any actions taken regarding these events. Passenger complaints related to safety or serious operational deficiencies shall be reported by phone to the City no later than the next working day following Contractor's receipt of the complaint.

7.2.17 Resultsofdocumentationmayindicatetheneedforchanges in the level of service or in operational or routing modifications. The provider shall cooperate with the City to improve the transportation operation and maintain flexibility so that service modifications may be implemented quickly.

7.2.18 City Access to Records - The City, or any of its duly authorized representatives, upon reasonable written notice, shall have access, for the purpose of audit and investigation, to any and all original books, documents, papers and records of the Contractor which pertains to the contract. Said original books, documents, papers and records must be retained by the Contractor in the Southern Califoriiia Region for three years following final payment under the contract.

7.2.19 Marketing/Public Outreach

7.2.19.1 The City shall be responsible for
public relations as well as the production of schedules and marketing and other promotional materials.

7.2.19.2 Contractor must refer all media
requests to the City and may not provide any infori'nation without prior approval by the City.

7.2.19.3 Contractor shall cause drivers and
supervisors to cooperate and comply with reasonable requests by the City to distribute notices, schedules or other promotional materials to passengers in connection with the services provided.

The City may also request the Contractor's personnel to collect data from passengers by handing out survey forms.

7.2.19.4 The Contractor shall participate in the
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City's special events as requested by the City. These events may require the Contractor to display service vehicles in addition to providing manpower for a display booth for distributing brochures regarding the City's transit services.

7.2.19.5 To prevent any real or perceived
potential conflict of interest, an abuse or otherwise improper use of the Phone-A-Ride Program, and/or the submission of inaccurate invoices by the Contractor to tlie City, Contractor shall not provide monetary compensation or other benefits and incentives to its employees or subcontractors, directly or indirectly, to encourage ridership of persons who are not otlierwise eligible and authorized participants for the Phone-A-Ride program.

7.2.20 0perating During a Declared Emergency

7.2.20,1 Upon declaration of any emergency
by the City Manager or his designated representative, the Contractor may be responsible for a number of transpoitation-related activities, including the development of emergency travel routes, and the coordination with other agencies supplying comx'non carrier services. In the event of a declared emergency, the Contractor shall make available all program vehicles to the City, report to a designated City parking area irni'nediately and deploy veliicles in a manner described by tl'ie Director of Public Works or his designee as part of the City's Emergency Response Plan.

7.2.20.2 The City shall be obligated to
compensate tlie Contractor for services which significantly exceeds the non'nal expense of operating the service during such period of declared emergency. The Contractor shall be required to document and maintain all emergency-related services as requested by the City and provide these documents to the City at the declared conclusion of the emergency.

8.O Federal Transportation Authority (FTA) Compliance Language

8.1 IntheeventthatanyorallofthisagreementmaybepaidforusingFederal Transportation funds provided directly by the FTA or as a pass through by another agency with funding originating from the FTA, the following requirements will be required. In tlie event that federal funding is used to pay for all or part of this project and any part of this section is found to be in conflict with any other section within this agreement, the terms and wording in this section will prevail.

8.2 BuyAmerica-TheContractoragreestocomplywith49U.S.C.5323(j)and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.
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8.3 Charter Service Operations - Tlie Contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing cliarter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of tlie exceptions must be "incidental," i.e., it must not interfere witli or detract from the provision of mass transportation.

8.4 School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private scliool bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities.

8.5 Energy Conservation - The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

8.6 Clean Water -

8.6.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report eacli violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

8.6.2 The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided 1yFTA.

8.7 Anti-Lobbying - Contractors who apply or bid for an award of $100,000 or more shall filethe certificationrequired by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used 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. Eacl'i tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
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APPENDIX A, 49 CFR PART 20-CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 u.s.c. 1 601 et seg.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, u.s.c. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $I0,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 u.s.c. § I 352(c)(1 )-(2%A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 u.s.c. A 3801, et seq., apply to this certification and disclosure, if any.

Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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8.8 Access to Records - Tlie following access to records requirements apply to this Contract:

8.8.1 Where the Purchaser is not a State but a local goveri'irnent and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F, R.

I 8.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of tlie United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide tlie FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

8.8.2 Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition thresliold currently set at $100,000.

8.8.3 Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of liigher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the puiposes of making audits, examinations, excerpts and transcriptions.

8.8.4 Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

8.8.5 TheContractoragreestopermitanyoftheforegoingparties to reproduce by anymeans whatsoever or to copy excerpts and transcriptions as reasonably needed.

8.8.6 The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of 2t,.= 213
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claims arising from the perfon'nance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(1 1).

8.8.7 FTA does not require tlie inclusion of these requirements in subcontracts.

8.9 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. The Contractor's failure to so comply shall constitute a material breach of this contract.

8.10 Clean Air -

8.10.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 740 1. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

8.10.2 The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

8.11 Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

8.12 No Obligation by the Federal Government.

8.12.1 ThePurchaserandContractoracknowledgeandagreethat, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Governi'nent is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

8.12.2 TheContractoragreestoincludetheaboveclauseineach subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

8.12.3 Program Fraud and False or Fraudulent Statements or 21 214
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Related Acts.

8.12.4 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 u.s.c. S, § 3801 et seq. and U.S.

DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirins the truthfulness and accuracy of any statement it lias made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to otlier penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Governrnent reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Governrnent deems appropriate.

8.12.5 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Governi'nent under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Goverm'nent reserves the right to impose the penalties of 18 u.s.c. F3) 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Governinent deems appropriate

8.12.6 The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

8.13 Suspension and Debarment - This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this dause is a material representatiotz offact relied upon by City of South Gate. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to City of South Gate, the Federal Goverrgment may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such comp(iance in its 2! 215
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lower tier covered transactions.

8.14 Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on belialf of the Federal Government under any contract:

8.14.1 The Contractor agrees to comply with, and assures tlie compliance of its employees with, the infoimation restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 8, 552a. Ai'nong other things, the Contractor agrees to obtain the express consent of the Federal Governi'nent before the Contractor or its employees operate a system of records on behalf of tlie Federal Goven'irnent. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terins of tlie Privacy Act may result in termination of the underlying contract.

8.14.2 The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Governunent financed in whole or in part with Federal assistance provided by FTA. 8,15 Civil Rights - The following requirements apply to the underlying contract:
(1 )Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. Fy 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. 'g 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. S, 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.

Parts 60 et sq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. Eg 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affiri'native action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; 2"[ 216
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rates of pay or other fonns of compensation; and selection for training, including apprenticeship. In addition, tlie Contractor agrees to comply with any implementing requirements FTA may issue.
(b) - In accordance witli section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. FS; Fg 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Ainericans witli Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Coinmission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify tlie affected parties.

8.16 Disputes - Disputes arising in the performance of tliis Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City. This decision sliall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City Manager. In coru'iection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City Manager shall be binding upon the Contractor and the Contractor shall abide be the decision.

8.16.I Performance During Dispute - Unless otherwise directed by City, Contractor shall continue perfornnance under this Contract while matters in dispute are being resolved. Unless otherwise directed by City, Contractor shall continue perfon'nance under this Contract while matters in dispute are being resolved.

8.16.2 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

8.16.3 Unlessthiscontractprovidesotherwise,allclaims,counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located.

8.16.4 The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise i'i'nposed or available by law. No action or 30 217
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failure to act by the City or Contractor shall constitute a waiver of any riglit or duty afforded any of them under the Contract, nor shall any such action or failure to act constihite an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

8.17 Transit Employee Protective Act - The Contractor agrees to tl'ie comply with applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Req.uirements - To the extent that FTA determines tliat transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with teri'ns and conditions deten'nined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 u.s.c. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These ten'ns and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carg out that work in compliance with the conditions stated in that U.S. DOL letter.

The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alteriiate provisions for those projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Proiects Authorized by 49 U.S.C. - F> 5310(a)(2) for Elderly Individuals and Individuals witli Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. FB 5310(a)(2), and if the U.S. Secretary of Transportation has deteri'nined or deteri'nines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is perfon'ned on the underlying contract, tlie Contractor agrees to carg out the Project in compliance with the terms and conditions detennined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in pait with Federal assistance provided by FTA.

8.18 Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation 31 218
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Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. A separate contract goal has not been established forthis procurement. b. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the perfon'nance of this contract. The Contractor shall carg out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the terinination of this contract or such other remedy as City deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragrapli (see 49 CFR 26.13(b)).
c. Contractor will be required to report its DBE participation obtained through race-neutral means througliout the period of perfori'nance.
d. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactoi'y perfori'nance of tliat work no later than 30 days after the Contractor's receipt of payment for that work from the City. In addition, the Contractor may not hold retainage from its subcontractors.
e. The Contractor must promptly noti'fy City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith effoits to engage another DBE subcontractor to perfon'n at least the same amount of work. The Contractor may not teri'ninate any DBE subcontractor and perfon'n that work through its own forces or those of an affiliate without prior written consent of City.

8.19 Incorporation Of Federal Transit Administration (FTA) Terms - FTA has developed the following incorporation of terins language- The preceding provisions include, in part, certain Standard Terins and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated ten'ns shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perfon'n any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA teri'ns and conditions.

8.20 Drug and Alcohol Testing
The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 655 et seq., produce any documentation necessary to establish its compliance witl'i Parts 655 et seq., and pennit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or the City of South Gate, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 et seq., and review the testing process. The Contractor agrees further to timely certi'ty annually its compliance with Parts 655 et seq., as required by law and to submit the Management Inforination System ("MIS") reports before 32,,
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(insert date before Marcl'i 15) to (insert title and address of person responsible for receiving inforination). To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Aru'iual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.

This Agreement is executed on tliis 9th day of July 2024, at South Gate, Califoniia, and is effective as of July 1, 2024.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
ATTEST:

By:

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

BY:

Raul F!' Salin'as, City Attorney
FIRSTA TAXI COOPERATIVE, INC:

Marco A. Soto, Director of Operations
Date
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Item No. 8
C'Uy of South Gate

CITY COUNCIL

AG-ENJDA JBYLL
For the Regular Meeting of: July 9, 2024
Originating Department: City Attorney
Department Director:

F. Salinas o Cervantes
SUBJECT: ATTORNEY RET AINER AGREEMENT WITH THE LAW FIRM OF

LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES
PURPOSE: To approve attorney retainer agreement with the law firm of Liebert Cassidy Whitmore to provide legal services to the City.

RECOMMENDED ACTIONS:
a. Approving Attorney Retainer Agreement with the law firm of Liebert Cassidy Whitmore to provide legal services to tlie City related to consulting, representational and legal services pertaining to employment relations matters; and
b. Authorize the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: Estimated impact is pending, but expected to be less than $36,000 and would fall within existing budgetary allocations. The exact amount of fees to be billed by the law firm is not known at this time, as it depends on the services rendered on an as-needed basis.

The Firm's rates vary between $260-435 per hour and are within the range of rates charged for municipal legal services. Rates are adjusted on an annual basis each July Isf.

ANALYSIS: The Liebert Cassidy Whitmore firm is requesting approval of its standard retainer agreement. The firm has provided employment related services generally to the Human Resources department and the Police Department. The firm's current agreement with City expired as of June 30, 2024. This retainer agreement shall run from July 1, 2024 through and including to June 30, 2028.

ATTACHMENT: Proposed Retainer Agreement
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AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firnn of LIEBERT CASSIDY WHITMORE, A Professional Corporation ("Attotney" or "LCW"), and the CITY OF SOUTH GATE ("City").

1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until City retuins a properly signed and executed copy of this Agreement.

2. Attorney's Services
Attorney agrees to provide City with consulting, representational and legal services peitaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law.

3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time.

The current range of hourly rates for Attoiney time is from Two Hundred Sixty to Four Hundred Thiity-Five Dollars ($260.00 - $435.00). See Schedule I for a full Fee Schedule. LCW reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. LCW will provide the City with written notification of any adjustment in the range of rates and shall become effective only upon the approval of the City. LCW bills its time in minimum units of one-tenth of an hour. 9612838.4 LCOOI-009 l
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For Litigation Matters
See Schedule II attached for a description of LCW's Litigation and EDiscovery Management.

Other Expenses
City agrees to reimburse LCW for necessary costs and expenses incutred by LCW on behalf of City. LCW bills photocopying charges at Fifteen Cents ($0. 15) per page.

See Schedule I attached.

Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the lnVOICe.

4. Professional Liability Insurance
The Califoinia Business & Professions Code requires us to inforin you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confiim that the fiim does maintain such insurance coverage.

5. Arbitration of Professional Liability or Other Claims . If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the iules of the California State Bar Fee Arbitration Program, set foith in Califoinia Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing paity attoi-neys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required.
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If a dispute arises between City and Attorney over any other aspect of the attomey-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly uru'iecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be deteimined by submission to arbitration as provided by California law, and not by a lawsuit or resort to couit process except as Califoinia law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each paity is to bear its own attorney's fees and costs.

6. File Retention
After our services conclude, Attoiney will, upon City's request, deliver the file for the matter to City, along with any funds or propeity of City's in our possession. If City requests the file for the matter, Attoiney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a peiiod of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no fuither obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point duiing the seven (7) year peiiod, City may request delivery of the file. 9612838.4 LCOOI-009 3
224

7. Assignment
This Agreement is not assignable without the wiitten consent of City.

8. Independent Contractor
It is understood and agreed that Attoiney, while engaged in perfoiming the teims of this Agreement, is an independent contractor and not an employee of City.

9. Authority
The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective paities and to bind their respective paities hereto.

10. This Agreement is effective July 1, 2024 through June 30, 2028 and may be modified by mutual agreement of the paities. This agreement shall be terminable by either paity upon thirty (30) days written notice.

LIEBERT CASSIDY WHITMORE,
A Professional Coiporation

CITY OF SOUTH GATE
B)7: BY:

Name: Name:

Title: Title:

Date: Date:
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SCHEDULE I - FEES & COSTS

1. Hourly Rates (As of Agreement Effective Date)
Partners $435.00
Senior Counsel $365.00
Associates $260.00 - $345.00
Labor Relations/HR Consultant $280.00
Classification & Compensation Consultant $200.00
Paralegals $145.00
E- Discovery Specialists $145.00
Law Clerks $145.00 - $185.00

2. COSTS

1. Photocopies $0.15 per copy
9612838.4 LCOOI-009 5
lp 226

SCHEDULE II
LCW LITIGATION and E-DISCOVERY MANAGEMENT
LCW is committed to using state-of-the-ait technology to efficiently manage and harness electronically-stored infoimation ("ESr') in compliance with Federal and State law requirements. LCW partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this puipose. The cost for each matter will depend on the volume and fomiat of the data. For non-complex data up to 50 gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, de-duplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized setavices (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, we will provide an itemized bill from our managed services provider and obtain client approval prior to incutring the charges.

Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today's complex litigation cases. We employ a dedicated Litigation Manager - a non-billing attorney litigator - whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Paitner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in the efficient management of electronic data through eveiy stage of the e-discovery life cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables our attotneys to target the most relevant data to meet litigation objectives. Working with our e-discovery managed services provider, we are able to provide state-of-the-ait data processing and hosting services at below-market rates. 9612838.4 LCOOI-009 6
227
Item No. 9
City of South Gate

CITY COUNCIL
A(S-?NJA JBfflJlT[,
For the Regular Meeting of: July 9, 2024
Originating Department: Parks & Recreation
SteveCostley Rob'Houston
SUBJECT: PURCHASE ORDER WITH MIKE CABRERA PRINTER TO PRODUCE THE CITY'S CONNECT BROCHURE FOR FY 2024/25.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving a Purchase Order with Mike Cabrera Printer in the amount not-to-exceed $75,632 to print, fold, and mail the City "Connect" brochure; b. Authorizing the City's Purchasing Division to issue a Purchase Order for this process in accordance with the City's purchasing ordinance and policies; and c. Authorizing the Director of Parks & Recreation to execute any additional documents as may be required for future isSueS of the Connect.

FISCAL IMPACT: Funds for the "Connect" are already included in the current budget.

REPORT SUMMARY: The Parks & Recreation Department along with the City Manager's Office produce four (4) issues of the City News/Parks & Recreation Guide each year to keep the residents of South Gate infon'ned of upcoming issues in the City. The brochure is mailed to over 25,000 residents in the City with additional copies available at the Park as well as City Hall and local libraries.

In May of 2024, staff went out to bid for production and mailing of the brochure for the next fiscal year. Intergraphics, our current provider, was the only bidder who responded to the bid. Their costs are within the current budget and staff are recommending that we continue with their services.

ATTACHMENT: Vendor Bid - Intergraphics Co
l
228
Clly

PARKS & RECREATION

DEPARTMENT
City Of South Gate
4900 SOUTHERN AVENUE SOUTH GATE, CA 90280
(323) 563-5443 FAX (323) 564-8632
www.cityofsouthqate.orq
Informal Bid: Printing Services - Quarterly Recreation Guide Issue Date: May 23, 2024 Response due by: Jrine 18, 2024 at 10:00 A.M Company Name: INTERGRAPHICS COMPANY
Contact Name: MIKE CABRERA Title: PRESIDENT
Address: 103 CRABAPPLE DRIVE City: POMONA, CA Zip: 91767 Phone: 213-500-5455 Fax: 562-946-6606 Email: [email protected] Costs per issue (28,000 copies) delivered to the City of South Gate or local mailing house 40 page 44 page 48 pages
Setup, Printing and
Delivery $16,522.00 $18,212.00 $18,218.00
Tax $0.00 $0.00 $0.00
Additional Expenses
(specify)
Mailing Service:
$690.00
Mailing Service:
$690.00
Mailing Service:
$690.00
Total
$17,212.00 $18,902.00 $18,908.00
Proposed upgrades, options or substitutions (provide a clear description of the change to be made and the net changr, iri cost that the change would represent) Proposed Change/Substitution 44-page change in cost
Stock
70# GLOSS BOOK #3
$1 ,ego.oo
Color
4/4, FULL-COLOR THROUGHOUT
Binding
SADDLE STITCH ALON 11 " WAY 48-page change in cost Cover
SELF COVER: 70# SAME AS TEXT
$1 ,696.00
Other
Terms: Net 60 days after receipt of invoice
Total
Prices to be good for minimum of (120) working days from bid closing date listed above.

Bid Submitted by: MIKE CABRERA
Authorized Company Bidder Signature: (!'2,- 0
NOTE: Prices are based on current paper market and subject to change based on CPI Index or not to exceed 9% in 12 months, CPI Index adjustment beyond 12 months. Lead time notice to printer of 3 days is required to secure City with six (6) working day schedule and delivery. 229
)f+ice cJ Ilie
:touth Gate City Clcrk
Item No. 10
JUL 03 2024
FILED City of South Gate
'7:ioarl

CITYCOUNCIL

AGENDA BULL
For the Regular Meeting o:t: July 9, 2024
Department Dire'ctor:

SUBJECT: APPROPRIATION TO FUND HVAC EQUIPMF,NT RENTAL SERVICES

WITH HERC RENTALS TO PROVIDE TEMPORARY COOLING AT CITY HALL, THE

POLICE ST ATION AND THE SPORTS CENTER
PURPOSE: To authorize the City Manager to approve a Purchase Order with HERC Rentals for temporary HVAC equipment rentals.

RECOMMENDED ACTIONS: The City Council will consider:
a. Authorizing the City Manager to approve a Purchase Order with HERC Rentals to fund equipment rentals needed to operate the HVAC systems at City Hall, the Police Station and Sports Center for up to a seven-month period, in an amount not to exceed $454,000; and b. Appropriating $479,000 in General Funds to fund the Purchase Order with HERC Rentals.

FISCAL IMPACT: An appropriation of $479,000 in General Funds is needed to fully fund the Purchase Order with Hertz Rentals.

ANALYSIS: The HVAC systems at City Hall, the Police Station and Sports Center were installed over 30 years ago and are stressed during summer months. The chiller systems at the Police Station and Sports Center are in a condition operationally that are at times inadequate to meet demands when the outside air temperature exceeds 85 degrees Fahrenheit. City Hall air handler equipment experiences perfori'nance reliability issues and tends to fail during the same period and conditions. The Capital Improvement Program has over $6 Million to make major repairs and enhancements; however, work will be completed in 2025.

In April 2024 as outside temperatures began to increase, the Sports Center chiller could no longer meet the cooling demands of the ongoing indoor activities. The Department of Public Works, with administrative approval ofthe City Manager, obtained temporaiy HVAC equipment rental services from Herc Rentals for required systems at City Hall, Police Station, and Sports Center. The total estimated budget need for seven months of equipment rentals is $479,000. This provides $238,000 for the Police Station, $210,000 for the Sports Center, $6,000 for the City Hall and a $25,000 contingency.

The City has purchased a chiller for the Sports Center and Police Station. These will be installed as soon as possible so as to eliminate the need for equipment rentals. 1 230
BACKGROUND: The City Hall, Police Station and Sports Center buildings are equipped with HVAC systems tl'iat are more than 30-years old. The standard industry nonn for HVAC equipment lifespan is 20 years and in the milder conditions of California, 25 years is the accepted norm based on many decades of experience. These systems are past the California standard of 25 years. These systems expeiience performance reliability issues and tend to fail in the suininer seasons, thereby placing at risk essential public services.

The Department of Public Works obtained services from HERC Rental tl'hough Oinnia Partners Cooperative Contract Purchasing Program (Contract No. 2019000318), pursuant to Purchasing Ordinance guidelines: 1.54.510 Exemptions from formal and infon'nal bidding procedures, with administrative approval of the City Manager to acquire the needed equipment for all three locations. The estimated rental period is for up to seven months depending on weather conditions.

Total rental charges and fees are determined by quotes received.

ATT ACHMENTS: A.

B.

C.

D.

Herc Rental Reservation and Rental Contracts/Quotes Chnnia Partners Cooperative Contract Purchasing Program (ContractNo. 2019000318)
Omnia Partners Gold Price Schedule
ICRMA Certificate of Insurance for Rental Contracts OH:lc
2 231
Attachent A ShowR.A.NumberonallCorrespondence
QUOTE
BRANCH: 676 BILL TO CLISTOMER: 2654363 SHIPPING ADDRESS

HERC PROSOLUTIONS CARSON
22422 S. ALAMEDA STREET
CARSON, CA 90810
310-233-5000

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOLITHGATE, CA 90280-2557

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOuTHGATE, CA 902802557
323-563-5785

DESCRIPTION/CHARGES
ESTSTART: 5/09/24 11:21 ESTRETURN: 6/06/24 11:21 DROPDATE:

SHIPPa)BY: 16 0RDEREDBYI OSIEHARRELL DROPTIME:

ORDERDATE: 5/06/24 SALESPERSON: 316 SALESCOORDINATOR,
PO#/JOB#: YD12TONLINITS-GENERATORS / RateSSubJeCttOaVailabili' Herc Rentals offers peace of mind when you purchase Rental Protection Plan ("RPP") at the start of your rental. This optional program limits your responsibility when accidental damage or theft occurs on covered equipment. You will be charged the RPP fee if you choose to purchase RPP or until you provide an acceptable certificate of insurance. View the benefits, details, and exclusions to RPP by visiting our website at https://www.hercrentals.com/services/rpp-rental-protection-plan/terms-and-conditions.html or contact your Herc Rentals servicing location for more information.

Qty Equipment @ Hrs/ Min Hour Day Week Month Amount 2 12 TON PORT AIR COND W/HEAT 3PH 208/230V 8/ 456.00 76.00 456.00 1148.00 2890.00 57B0.00 7181302
CA PROPERTY TAX RECOVERY FEE 2217999001 43.35
RENTALPROTECTIONPLAN 867.00
4 40KW GENERATOR DSL 8/ 285.00 47.50 285.00 745.00 1615.00 6460.00 5011040
TRIPLE SHIFT RATES ARE RATES X 2

RATES FOR EACH GENERATOR ARE
S57 0 / e1590 / S32 3 0
CA PROPERTY TAX RECOVERY FEE 2217999001 48,45
RENTALPROTECTIONPLAN 969.00
2 CABLE 2 50FT CAMLOCK 5 BANDED 8/ 34.00 5.67 34.00 77.00 159.00 318.00 9400516

CONTINUED
CAREFULLY READ THE TERMS AND CONDITIONS THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE ("TERMS") RBNTAl I'ROTI_CTION I'LAN. Cuslomsi must either show proof of Properly Insuranm as requlred ln 3ecllon 8 on reverss side hereof or purchase Renlal )'totedlon Plan (aRPPa). Here Rentala Inc or IIs affillale (aHetd) may OffOT RPP Tor a Fee to Customer on carfaln Equlpmenl and Tor canaln types of loss OT damage to 11mll Customer's Ilablllly for props' IOIS OT damage to sudr Equlpmenl JOT such loss or damage. RPP Is not offered on all types of Equlpmenl NOTWITHSTANDING PAYMENT OF THE RPP FEE. RPP DOES NOT APPLY. AND CUSTOMER IS LIABLE FOR, ALL DAMAGES TO OR REP1.ACEMENT COST OF THE EOIIIPMENT, AS APPLICABLE. AND ANY ADMINISTRATIVE FEES AND EXPENSES OF HERC (l) CAIISED BY THE EQIIIF'MENT BEING IISED OR OPERATED IN VIOLATION OF ANY OF THE TERMS. (2) IN CASE OF NEGLIGENCE. AS DETERMINED IN HERC'S SOLE Dl8CRETIONj AND{OR ao':':'!'Fpaac"'yosaVH':r""t'Grl"eE;phpE"xWc:','u"inDiEeDtuhum'Na'+DoaiE'lR'haeTaHR"EP:'CRaaPe."TllEoaaR:!'s!A:iNm!'e'!To'lNh'oeD'!cTale!o:om.N"s::aoP"'s'ooaT""vEeoai;oas'Nu:Ho"'-na'R!'l"or"owa!a'B"p"l:Tc:E U'eonpTo,':ad"arcd;p8"e'gehsRa:Po'Paw'ac%'eaa'aa" normal and aeieTul use. Customer remains Ilable Tor all other damages as set lodh in the Temis. RPP IS NOT INSLIRANCE. TO THE EXTENT HERC DOES NOT OFFER RPP TO CLI!iTOMER. OR C118TOMER DOES NOT ACCEPT Rpti, cuSTOMERMuSTMAINTAINTHEPROPERTYINSuRANCECOVERAGEREQlllREDBYPARAGRAPI-181 PLEASEBEAWAR!iTHATIFCu8TOMERDCIESNOTELECTTOTAKERPPANDITEl!:CTSTOMAINTAINPROPffRTY lN8uRANC!i COV!iRAG!:, AND IF TH!i (:!iRTIFICAT! OF IN!iuRANC!: PROVIO!iD TO )I!RC TO EVIDENCE !ILICH lN8uRANC! COVERAa! IS uNACCEPTA!!LE TO HERC OR THE APPLICAEILE POllCff:a !XPIR!i, C118TOM€R A(iR!!S THAT H!RC MAY CHARa! RPP FOR ALL APIILICAEIIJ RENTALS UNTIL SUCH TIME At AN A(:C!iPT ABL!i AND VALID C!RTIFICATE OF 1N8URANCE IS PROVID!iD AND tiuCH MATT!ilffl ARE CORR!iCTl_D TO H!It(:8REABONABljSATl8FACTION. NOTWITHSTANDINGANYNOTATIONONTHERENTALRECORD.RPPISNOTOFFEREDONORAVAILABLEFORTHERENTALOFPASSENGERMOTORVEHICLE8ANDCERTAIN OTHER EQUIPMENT LISTED ON HERC'8 WEBSITE.

Awed:s'laleaadl xHwsw'o'o:e'arcraaenaWdlsa.oo":':e'g:ace:aa's"soa&ab:Ebe: :m? 'a('mae:aa'g'a+eeoas'l:paa'yo,'l'nda::ijoan'oloa

THE EQIIIPMENT IS RENTED BY HERC TO THE CUSTOMER PIIRSUANT TO THE TERMS CIISTOMER RFJRESENT!I HAVING READ AND AGREED TO SAME
all rental charges. all fees and charges set lodh above and, the lollowlng diaiges as applkable: (l) based on Cutlomeras poasesslon andloi use oT the Equlpmenl. all oonsumables, lees. Ilunses, presenl and hilure taxes and any other governmental charges; 111) addlllonal diarges JOT more Ihan one shltl use: (Ill) fielght. dellvety. pk* up. kansponallon dtarges; (lv) Itanspodallon service sut6arges, (v) repalra and replacement per lhls mnlrad: ivl) desnlng diaige for Equipment ielumed with exceaslve dl+l, conwele andlor palnl. (vll) less lot lost keys, (mll) ieleling servloe charges, (lx) flnes for use of dyed dlesel fuel In on road Equlpmsnt. (x) prevenletive mainlenanca chayes: ixl) emlssions and envkonmenial suncha+ges and Tees. ixll) vehlde Ikanse Tees HERC COLLECTS THESE FEES AND CHARGE8 AS REVENUE AND IISES THEM AT ITS DISCRETION PARA(iRAPH '11 0N TH!i BACK OF THIS PA(iE IS IN LIEII OF (l) ALl WARRANTIE8, EXPR!88, IMPll!iD OR STATUTORY, INCLuDIN(1, BUT NOT LIMIT!iD TO, THff IMPLI!O WARRANTY OF MERCHANTABILITY AND T14 IMPLIED WARRANTY OF FITNffS8 FOR A PARTICULAR PuRPO!i!i AND (II) ALL OBLI(IATIONS ON THE PART OF HERC TO (:u8TOMffR FOR DAMAaE8.
(:lfflTOMER WAIV!8 ALL INDIRECT, INCIDENT AL, CONI!iQu!iNTIAL OR aPECIAt DAIIIA(iEB AR181N(i CILIT OF OR IN CONNECTION WITH TH18 AaRE5MENT, INCluOINCi WITHOUT LIMIT ATION, THE RENT AL, MAINTENANCE, uSE, Of)ERATION, 8TORAE, ffR!iCTION, Dl8MANTLlNa OR TRANSPORTATION OF THE EQUIPMENT.

Customer Is obligated to retum the Equipment In a good, dean. and uncontamlnated condition, free of any and all hazamous substances.

Cuslomet Name
Cuilomar Slgnelute
Herc-RentalsTM
R.A. No. 55933968

Quote Valid For 30 Days From Order Date
Tllle Terms are due upon receipt Not valid without Barcode Date
IIllllllllllIlllIllIIlllllllllIlllllllllllllIIIIlllllllllIlllllllllIllllIIIIIIllIIlllFor GREAT DEALS on USED EQUIPMENT - visit us on-line at HercRentals.com 232
Show R.A. Number on all Correspondence
QUOTE
BRANCH: 676 BILL TO CUSTOMERI 2654363 SHIPPING ADDRESS

HERC PROSOLUTIONS CARSON
22422 S. ALAMEDA STREET
CARSON, CA 90810
310-233-5000
CITY OF SOuTHGATE
8650 CALIFORNIA AVE
SOuTHGATE, CA 90280-2557

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOuTHGATE, CA 902802557
323-563-5785

DESCRIPTION/CHARGES
ESTSTART: 5/09/24 11:2i ESTRETURN: 6/06/24 11:21 DROPDATE:

SHIPPEDBY: 16 0RDEREDBY: OSIEHARRELL DROPTIME:

ORDERDATE: 5/06/24 SALESPERSON: 316 SALESCOORDINATOR:

PO#/JOB#: YDi2TONuNITS-GENERATORS / RateSSubjeCttOaVailabili' Qty Equipment # Hrs/ Min Hour Day Week Month Amount CA PROPERTY TAX RECOVERY FEE 2217999001 2.39
RENTALPROTECTIONPLAN 47.70
6 HVAC DUCffNG WHT 12X25 6P 8/ 14.00 2.33 14.00 32.00 79.00 474.00 9254430
CA PROPERTY TAX RECOVERY FEE 2217999001 3.56
RENTALPROTECTIONPLAN 71.10
6 HVAC DUCTING WHT/WHT 12X25 4P 8/ 14.00 2.33 14.00 32.00 79.00 474.00 9254432
CA PROPERTY TAX RECOVERY FEE 2217999001 3.56
RENTALPROTECTIONPLAN 71.10
" " " Items are priced per piece " " "
CONrINUED
CAREFULLY READ THE TERMS AND CONDITIONS THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE ("TERMS") RENTAL I)ROT!CTION T)LAN. Customer must elthar show proof oT Properly Insutanoe as requked In Sadlon 8 on reverse slde hereoT or puchase Rental Proledlon Plan iaRPPa) Heic Rentals Ina or Its affiliate iaHena) may offer RPP Tor a fee 10 Customer on cettaln Equlpment and for cetlaln types of loss or damaqe lo 11mll Customer's Ilablllly Tor proper loas or damage to such Equipmsnl for such loss or damage RPP Is not offlered on all types of Equlpmenf.

NOTWITHSTANDING PAYMENT OF THE Rpp FEE, RFIP DOES NOT APPLY. AND CUSTOMER IS LIABLE FOR, ALL DAMAGES TO OR REPLACEMENT COST OF. THE EQUIPMENT. AS APPLICABLE. AND ANY At)MINISTRATIVE FEES AND EXPENSES OF HERC. (1) CAUSE[) BY THE EQUIPMENT BEING uSED OR OPERATE[) IN VIOLATION OF ANY OF THE TERMS: (2) IN CASE OF NEGLIGENCE, AS [)ETERMINEO IN HERC'S SOLE DISCRETIONj AND{OR !!'ectt9sVwEe'\:ff;aF QsSluSh'e!c!eE!Js"'.t!'!!fse!!!l:p6tNe!:lB9p'!!i'c!g'n:'pl'aS?et!s!!d!'!!d'Tlio:.KP!'TH;1X',(lo%@a,;"";!o@"'4;P11: :Ba:,@Bo"pT j!'?,a'l ff!(,ax:e':::;a: gp:al'(iol4"Bal%"1'(,Ba" ;T: Ea"uWm"penpl TaenrSuasniodmCeovnadtloon;p:Sjed and pays Herc lhe )lpp ree, in reium 10T ihe RPFI lee. If at the 11me or the daim, RPP mvais su* repalr CF replaoement, Herc ffi(;ees-to walve cerlaln dalms for acddental dama-gas-io 6r'ffie-li-oT-sui- fflvei-eff Ejulpm;ni'offimn6 'aunng 4o+mal and >retul use Customer remalns liable Tor all other damages as sel Todh In the Terms. RPP IS NOT IN811RANCE. TO THE EXTENT HERC DOES NOT OFFER RPP TO CIJ3TOMER. OR CUSTOMER DOES NOT ACCEPT RPP.

CUSTOMERMUSTMAINTAINTHEPROPERTYIN81lRANCECOVERAGEREQulREOBYPARAGRAPH8 PLEAaEl3!AWARETHATIFCu8TOM!ROOESNOTEIE(:TTOTAJRPPANDITELECTSiTOIlIAINTAINPROPERTY INSURANCE COVERA(iE, AND IF TH! C!RTIFICAT! OF INSURANCE I'ROVIDED TO HERC TO MDENCE SUCH INSuRAN(:!i COWRAW IS 11NACCEPT ABLE TO H!RC OR TH! APPLICABL! POLICIH!I tXPIR!, CUSTOMER AaR!i!i8 THAT HffRC MAY CHARGE RPP FOR ALL API'LICABIJ RENTALS UNTIL !iUCH TIM! AS AN ACCEPTABL! AND VALID CERTIFICATE OF lN8uRANCff 18 I'ROVIDED AND SUCH MATTER8 AR!i CORRECTED TO HERC!8REASONABLESATl8FA(:TION. NOTWITH8TANDINGANYNOTATIONONTHERENTALRECORD,RPPISNOTOFFEREDONORAVAILABLEFORTHERENTALOFPASSENGERMOTORVEHICLESANDCERTAIN OTHER EOIJIPMENT LISTED ON HERC'8 WEBSITE
'We"ba:laieaa"l "hatl'p8flwww"o:8'a}traaena:lsaW":'age"!aace"s-aa'as"Oa&a"::-'!aoaT:B':.:olmol ":'ma;t"e"g'ateeaaS'tO"paa'yo,'l"n"a;11"10an";THE EOul%ENT IS RENTED BY HERC TO THE CIISTOMER PURSUANT TO THE TERMS. CUSTOMER RE)I:)EQI:NT!. H AVI N[i Ell- An ANn Al'JI Iln Tn Q AME all rental charges. all fees and charges set lodh above and, the lallowlng charges as appli>ble: (i) based on Customer's possesslon andlor use ol the Equlpment. all oonsumables. lees. 11censes. present and julure taxes and any other govemmenlal charges. ill) addl(lonal darges Tor more than one ahiff use: (Ill) #elght, dellveiy, plck up, kansporfallon charges, ilv) Iranspodallon ssivlce surdiarges, (v) repalra and replacement pet lhls oonliacl: ivl) deanlng charge Tar Equipment retumed with exceaslve dm. concrete andlor palnt: ivll) Lees Tor lost keys (vlll) refueling semce charges, (lx) fines lot use Of dyed dlesel fuel In on road Equipment. (x) prevenfalive malnlenanca Tha+ges. ixl) emissions and enwonmenlal surcharges and Teas, (Xll) vehlcle 11cense Toes HERC COLLECTS THESE FEES AND CHARGESi AS REVENUE AND uSES THEM AT ITS DISCRETION l'ARA(iRAF'H 14 0N Tla! BACK OF THIS PA(iE I!l IN Ll!iu OF if) ALL WARRANTI!8, E:XPRE38, IMPLI!D OR AT ATuTORY, INCLuDING, BUT NOT LIMITIED TO, THE IMPLIED WARRANTY OF MffiRC:HANT ABILITY AND THE IMPllED WARRANTY OF PITN!88 FOR A PARTICULAR PuRPO8!ii AND (II) All OBLI(iATIO)ffl ON THff PART OF HERC TO CufiTOMER FOR DAMA(iE!i.

CUSTOMER WAIVES ALL INDIRECT, INCID!iNT AL, CON8!QuENTlAL OR SPECIAL DA)11Aa!i8 ARISI% OLIT OF OR IN CONNECTION WITH THI!i A(iRffffM!NT, INCLuOIN(i WITHOUT LIMITATION, T14 R!iNTAL, MAINTENANCE, USE, OPERATION, 8TORAal ER!:CTION, DISMANTLINa OR TRANSPORTATION OF THE EQLIIPMENT.

Oustomer is obligated to tetum the Equipment in a good, dean, and unmntamlnated condition, free oT any and all hazardous substances.

Customer Name
Customer Slgnalure
Herc-RentalsTM
R.A. No. 55933968

Quote Valid For 30 Days From Order Date
Tllle Terms are due upon receipt Not valid without Barcode Date
lIllllIlllllIIIIIlllllllllllllllllllllIIllllIIIlllIlllIllllllllllllllIllllIlllllllllIFor GREAT DEALS on uSED EQUIPMENT - visit us on-line at HercRentals.com 233
Show R.A. Number on all Correspondence
QUOTE
BRANCH: 676 BILL TO CUSTOMERI 2654363 SHIPPING ADDRESS

HERC PROSOLUTIONS CARSON
22422 S. ALAMalA STREET
CARSON, CA 90810
310-233-5000

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOuTHGATE, CA 90280-2557

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOUTHGATE, CA 902802557
323-563-5785

DESCRIPTION/CHARGES
ESTSTART: 5/09/24 11:21 ESTRETURN: 6/06/24 11:21 DROPDATE:

SHIPPEDBY: 16 0RDEREDBY: OSIEHARRELL DROPTIME:

ORDERDATE: 5/06/24 SALESPERSON: 316 SALESCOORDINATOR:

PO#/JOB#: YD12TONuNITS-GENERATORS / Ratessubjecttoavailability Qty Equipment # Hrs/ Min Hour Day Week Month Amount SALES ITEMS:

Qty Item number Unit Price
8 LABOR EA 110 . 000 880 . 00
3730000001 - LABOR SETUP
672 PREVENTMAINT !91.50 EA 1.500 1008.00
3770000001 - PREVENTATIVE MAINTENANCE
DELIVERYCHARGE 500.00
PICKUPCHARGE 500.00
Sub-total : 16495. 31
Rental Protection Plani 2025. 90
TaxableSub-total: 15615.31 Tax: 1600.57
rotal : 20121. 78
CAREFuLlY READ THE TERMS AND CONDITIONS THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE ("TERMS") RENTAL PROTffiCTION I'LAN. Cuatomer must either show prool ol F'ropetty Insuranttt as +equlted in 3ecuon 8 on reverse slde hereof or pu+6ase Rental Projection Plan l?PF'). Herc Rentals Inc or Its affillafe iaHerd) may offer RPP for a lee to Cuslomsr on cerlaln Equlpmsnt and Lot certain types of loss OT damage io 11mll Customer's Ilabillly Toy propeq loss or damage lo sudi Equipmenl Toi suffi loss or damage. RPP Is not offered on all types of Equlpmenl.

NOTWITHSTANDING PAYMENT OF THE RPP FEE. RPP DOES NOT AL'P1_Y. AND CUSTOMER 18 LIABLE FOR, ALL DAMAG!_S TO OR REPLACEMENT COST OF. THE EQUIPMENT. AS APPLICABLE. AND ANY ADMINISTRATIVE FEES AND EXPENSES OF HERC. it) CAIISED BY THE EQIIIPMENT BEING USED OR OPERATEO IN VIOkATION OF ANY OF THE TERMS. (2) IN CASE OF NEGLIGENCE. AS DETERMINED IN HERC'S SOLE DISCRETIONi ANDIOR 'Ona' jWC,O,sVwEei,ffeE a'rMiQ})'v!+i'eTh!aWt!!ls::rJjpQTe!iJ9p"!i!'C!g!!-'pfa!&fe'A's2iR !'!!J!W!!'r:',,;,,p,,o% ea:na":!'h:iphpei ;asl=omepeit pa4Tp.ejsi hroarcao:enr."::Peo cii'8ai'Oom"eaTM+'cea' :aHg"ul"Om":n'l 'aan"dCauaS"lO"moeo%a"n"oonisspqopslped and pays Hetc the RPP lee, in retum for the RI'P lee. It st the 11me of the dalm. RPP oovers such nepalr or replacement. Hetc a(iiees to waive cerlaln dalms Toy accldental damages to OT lhelt ol sudi- 'a;vered Equlpm-en-i-o-ocu-m-n-g 'd-unng ntnmal and mreTul use Customer remains liable TOT all oiher damages as set loth in the Temis RPP IS NOT INSLIRANCE. TO THE EXTENT HERC DOES NOT OFFER RPP TO CUSTOMER, OR CUSTOMER DOES NOT ACCEPT RPP, CU8TOMERMuSTMAINTAINTHEPROPERTYIN81lRANCECOVERAGEREOulREDBYPARAGRAPI-18 PL!iASiEBEAWAR!iTHATIFCuSTOMEROOESNOT!L!CTTOTAKERPPANDITELECT8TOMAINTAINPROF'ERTY IN!illRANC! COVERA(.E, AND IF TH!i C!RTIFICAT! OP lN8uRANC!: PROVIO!D TO HERC TO EVIO!iNCE SUCH INSURANCE COVERAGI_ 18 UNA(:C!iPTABLE TO HERC OR TH!i APPllCABLE P011CIE8 !XPIRE, CUSTOM!:R A(iRE!:!i THAT HERC MAY CHARIs! RPP FOR ALL APPLICABLE RENT ALa UNTIL 811CH TIME Ati AN ACCEPTABLE AND VAllO CERTIPICAT(i OF 1N8URANCE IS PROVIDED AND 8uCH MATTER8 AR! CORRECT!iD TO HERC'S R!A80NABLE SATISFACTION. NOTWITHST ANDING ANY NOTATION ON THE RENTAL RECORI), RPF IS NOT OFFERE[) ON OR AVAILABLE FOR THE RENT AL OF PASSENGER MOTOR VEHICLES AND CERTAIN OTHER EQIIIPMENT LISTED ON HERCaS WEBSITE
'W:ba:iai8'aa"1 ohall'p8flwww'o'oh'e"'+traa8na:lSa.oo""mlas:'tvlaa4':a'8"soa&a"LAGS!%!"a'oaT:e'aah'olm? "'C'oii"81aO'm::aa':)'ate' :8'lO"pa9'yo,'l'n"aod'dii"10:"al0aTHE EQUIPMENT IS RENTED BY HERC TO THE CUSTOMER PURSIIANT TO THE TERMS CIISTOMER l)l-gl:)l-!l I-klTQ 11 AVI 01(. El E An AN n Ant)EE n Tn !l Atjg all rental charges. all lees and charges set forth above and, the t61lowing charges as a5pli>ble' ii} based on Customer's possesslon andfor use oT the Equlpment, all mnsumables. Lees. 11censes. preseni and iluta taxes and any other gow.rnmenlal charges. ill) addllional charges JOT more than one shlfi use: (Ill) Irelght. dellveiy. pk* up, lianspodellon charges, (lv) lranspodallon ssivlce suidiarges. (v) repalrs and replaoement per lhls oonkad: ivl) deanlng charge for Equipment relumad with exceaslve dln, oonctete andlor palnl: ivll) lees for lost keys (vll) reTueling serJce charges: Ilx) nnes for use of dyed dlesel Tuel In on road Equlpmsnt. ix) pievenlalive malnlenan> charges: (xl) emissions and siivkonmenlal surdiarges and lees: ixll) vehk.le 11csnse Teas. HERC COLLECTS THESE FEES AND CHARGE8 AS REVENIIE AND USES THEM AT ITS DISCRETION PARA(iRAPH 14 0N THE BACK OF THIS PA(ilE IS IN LIEU OF il) ALL WARRANTIES. EXPR!i88, IMPLIED OR 8T ATuTORY, INCLLIOIN(i, BUT NOT LIMITED TO, THff IMPLI!D WARRANTY OF M!RCHANT ABILITY AND THE IMPLIIEDWARINTOFFITNESBFORAPARTICLILjlRPLIRPOaJANDllI)ALLOBLIGATIONSiONTHEPARTOP H!iRC TO CUSTOMER FOR DAMA13E8.

CO!iTOMER WA1VE8 AlL INDIRECT, INCII)!NTAt, CONSiEQuENTIAL OR 8PECIAl_ DAMA(iEi8 ARISIN(} OUT OF OR IN CONN!iCTION WITH TH18 AGREEMENT, INCtLIDIN(i WITHOUT LIMIT ATION, THIE RENT At, M AINTEN ANCj u8E, OP!RATION, 8TORAlsE, ERECTION, DI!IMANTLIN0 0R TRANSPORT ATION OF THE EQUIPMENT.

Customer is obligated to ietum the EquipmerR In a good, clean. and uncontamlnated condition, free oT any and all hazardous substances.

Customer Name
Customer 81gnafute
Herc-RentalsTM
R.A. No. 55933968

Tllm
Quote Valid For 30 Days From Order Date
Terms are due upon receipt Not valid without Barcode Date
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RESERV ATION AND RENT AL CONTRACT - HERC RENT ALS INC. AND AFFILIATES (44)4EF1(:41) This Agreement laAgteemenr') is lot Ihe rental of the vehicles and equipment and related seniices described on the other side oT this page (aFronl"). including all pads oT and attachments and accessories to such equipment laEquipmet%'). This Agreement is between Ihe customer identifled on the Front ("Cuslomef') and Hetc. Both parties acknowledge that Ihis Agreement oonsisls oT the temis wnlten OT pnnled on this page and the Ftoni.

1. NATURE OF THIS AGREEMENT. Thls Agreement Is solely lot the purpose oT cteallng a rental Iransacllon, whlch allows Customer to use the Equlpmenl as permltled by lhls Agreement. CUSTOMER REPRESENTS THAT THE EQUIPMENT IS TO BE USED SOLELY ANO EXCLUSIVELY FOR BUSINESS OR COMMERCIAL PuRPOSES. The Equipment is owned by Herc. Customer acknowledges that no one other than Ileic may transfer or assign the Equipment or any rights or obligations under Ihls Agreement. Neither Customer nor any Authorized Operators (as deTlned below) are agenls oT Henc. No one may repair or alter Ihe Equipmenl without Herc's prior written approval. Customer wlll not suffer any Ilens or encumbrances iO ailaCh iO Ihe Equlpmenl and Will deTend, Indemnliy. and hold Here hamiless from all loss, Ilabllliy, and expense by teastin IheTeot.

2. WHO MAY OPERATE THE EQUIPMENT. Onld CuslOmeT end the Tollowing peTsons With Customer's express permission. subieCl iO ihe requ=emenls Ol lhiS seCliOn. l"Aulhonzed Operator!') may operate Ihe Equipment CUSIOmeT'S employer, employees, and fellOW EMPLOYEES operaiing the Equipment in the mUtte and Sco pB OL suCh employee's regular employmeni, and persons appToved by Henc In wnling. Cusliimet and all Auihonzed OpeTBtO+S must only use the Equipmenl in the course and scope oT Customer's OT Customer's employer's regular business operations. hold a valid dnver's license to operate a motor vahidg, be oT legal age to operate the Equipment, be pmpetly qualified and framed 10 0peTalti the Equlpmenl, and haVe B Valid OpeTalOff'S 11cense Wilh reSp8Cl 10 the Equipment Where tequlted ly laW. CuslOmeT Is 80181} ie8p0nsiblB JOT deletmining that the Aulhoilzed Operaiors have met the requltements of this Section and are properly qualified end trained to use the Equipment prior to operaling the Equipment. Customer is solely responsible for limiting Ihe use oT Ihe Equipment to Aulhonzed Operators meeting the requlremenls oT this Section and Tor the acts and omissions ril any person Ihal operates, uses. stores or moves the Equipmeni regamless oT whelher that person is an Aulhonzed Operator.

3. RENT AL FEES AND OTHER CHARGES. Customer Will pad HeTC On demand iO the addne88 and by ihe date specified in Ihe applicable inVOiC8. all Charged, Including WllhOul limllallon, rental. lime, mileage, SetviCe, Iransporlalion, relueling service, surcharges, sales and use taxes, and lax reimbutsements imposed with respect lo the Equipmeni and this Agreement, and all expenses, including reasonable allomey s Tees end costs incurred m collecting same, all in accordance with this Agreement. A delalled descnplion of all Tees and surcharges that may be applicable to Customer s renlal can be found on Hetc's website iit hllps'llwww.hercrentals.comjseivices-associated-charqes hlml Cusliimer must notiTy Here in wnling oT any dlspuled charge wilhin 30 days of receipt of such invoice or Customer shall be deemed lii have insvocably walved such disputed charge. The basii. daily. weekly and 4-week renlal rates Wlll enlllle Customer to a maximum at one-shlffl use il.e., a madmum Of 8 hOuTS per say, 40 houTS pe} Week, l eO hours peT 4 Weekly. use In eXceSS Of One shlTl wlll be payable at the hourly rate oT l 18 0f the delld Char9B (far a dalld rental), itao oT the weekly CheTge [fOT a Weekly Tenial) and 11160 0T the 11-Week CheTg e itOT a 4-Week ntnlal)l pluS applitablB taxes. All ChatgeS ate SubjeCi iO final audit by HeTC. HetC Will haVe H Ilen AS allOWed by laW JOT CheTgtiS incuned heieunder upon the premlses and improvements upon which the Equipment is employed. Rentals are F.O.B. the Herc Branch unless otherwise speciTled. Shlpping charges from such Branch to the Customeias destination and return and all loading. unloadlng. assembling and dismanlling will be paid by Customer. All rates JOT rentals m excess of 4 weeks are subject lo change on 30 days' wrilfen notk.e to the Customer wilh respect lo any poilion of the rental penod Ihen remaining. Charges not paid on lime, as required by lhis Agreement, may be subject to a late payment tea as provided in this Agreement. Customer may also be charged a reasonable fee JOT any check used lor padmenl heteundet Ihai 18 telumed unpaid. Customer agrees In the BV8nl Of a deTaull, that any deposit made by Cusiomev Shall be used by Here lot unpaid Tent and OiheT charges, damages end coSi8 incuTTed due 10 the deTauli.

4. CuSTOMER'S RESPONSIBILITIES. Customer IS responsible iO Heat. tii+ all lass or damage 10 the Equipmenl and for its TeluTn in the Same condition it WaS neCeivedl eXcepl LOT otdinai} Wear. and tree Of any ha2amiiuS meleTlalS and{or conlamlnanls SuCh TespOnSlblllly IS limlled iO ihe full Value Of IhB Equlpment at the 11me If Is lost OT damaged. less Its salvage value, plus any adnilnlstvallve Tees and Heic's related expenses, such as loss oT use, appialsal fees or recovery C0819 ("Full Velue"). The Equipment must be telumed lo Hsrc at Ihe renting Here Branch by Ihe Estimated Relum Dale (EST RETURN) specified on the Front. or soonet If demanded by Hetc. Cuslomst must noliTy Heic it ii desltes lo change the EST RETURN for all or some of the Equipment. Customer acknowledges that it must conlkm relum receipt ol the Equipment by Herc at the expi+atlon or eailler lemiination of the rental. Until such lime as Henc TBCeiveS 8Ciual pOssBS810n Of the EqUlpmeni, Customer agrees 10 held 8aid Equipmeni In a Safe and secure manneri The Equipment will be used and kepi only at Customer's place Oi buslness Ol lhB jab 8ile at WhiCh Ihe Equipment IS used and will not be moved without the prior written consent of Here. The Equipment will be used only in eccomance wlth the manufacturer's instructions wilhin its ialed capacity. Customer will pettomi OT cause to be pefomied and pad 10L all nOttnal penodic end 01httT baSiC setvlce, adjustments and lubrlcalion of the Equipment. Including but not 11mlled to checking of the Equipment beToie each shift. checking and mainlainmg ciankcase, ITanSmiSSiOnl cotiling and fluid systems daily, and checking 11te pressures and battery fluid and charge levels weekly. If the Equlpmenl fails to operate properly or becomes in need of repair. Customer will immediately cease using same and will immedialely nOllty HerC. Customer 18 801eld responslble fOK ptovldlng a secure and 8atti WOik envlronmeni fOT all patiles, Includlng HetC and lie EMPLOYEES. and TOT ensudng that the possesslon. storage. use and operallon of the Equlpm enl IS camed out in compliance with applicable laws and industry standards. (including but not limiled lo those telaling to worker safely and the envltonment). Customer is solely responsible Lot supetvising the use and opetalion of the Equipment to ensure il is used in eccordence with manuTaduret inslrudions Tor proper operetion end safely, TOT ensunng Ihal the Equipment is proper TOT Customer's intended use and envktinment. and TOT ensunng users of the Equipment ate qualified. tramed. and familiar mth the Equipment.

5. RISK OF LOSS. All 10SS Of OT damaOe iO the Equlpment TTOm any csu9e WhalsoeveT While On nental and Wh81heff OT nil due 10 the fault 01 Customer, mduding. but not limited to, fire, flood. theft, comprehensive losses, collision and +ollovet, and Acts of God, will be the sole responsibillty of Customer and wlll be paid to Herc promplly upon Cuslomels receipt iiT an invoice therefor. Such responsibility is limited to the Full Value of the Equipment at the time it is losl or damaged. THE COST OF LABOR FOR REPAIRS WILL BE EITHER HERC'S THEN PREVAILING HOURLY RATE FOR LABOR. POSTED AT THE HERC BRANCH WHERE THE EQUIPMENT IS TO BE REPAIRED, OR THE REPAIRER'S HOIIRLY RATE FOR LABOR CHARGED TO HERC FOR REPAIRS AS THE CASE MAY BE. PARTS WILL BE CHARGED AT HERC'S COST PLIIS A RETAIL MARKIIP. use of the Equipment by persons other than Customer OT Authonzed Operators will be at Customer's sole nsk.

6. EVENTS OF DEFAulT. CUSlOmer Shall be in default of this Agreement il Customer Tails to liaV any amount when due heieunder. or It Customer bteaches any Of the Oih eT ienns Of IhiS Agteemeni, OT it Customer becom es Insolvent OT CEASES 10 da buslness 88 a golng COnCem. or It a petlllon In bankruptcy Is filed by or agalnst Cuslomer, or It Customer Is In deTault pursuant to the provlslons oT any Other agreemeni by and between cuSlOmer and HeTC. Customer will further be deemed to be in default iT lhe Equlpment Is oblalned from Hetc through fraud or misrepresentation or is slored OT used (A) in vlolallon oT any law or ordinance including without limilallon, any local, slate or Tedeial law or ne gulsllon mvolving aH azatdous Matenals: including "DOT Hazardous Materials." as set lodh in 49 C.F.R. 171 -1 80: (B) iii a TeCJess. negllgsnl Or abusive manlW, OT i8 damaged While being tented by Customer, (c) In violation of Paragraph 4 above, (D) m any Tashion or manner for whlch the Equipment was not designed or beyond the manuTacluter's raied capadty Tor the Equipment.

7. REMEDIES OF HERC. In case ol defaul) by Customer. OT If Htttc deems Itself Insecure, Herc may, but Is not requlred to. peavably enter Ihe p+emlses where Ihe Equlpment Is located and render It Inoperatlve or remove same with OT without process ol law and without any notice to Customer OT liabilily. Customer hereby waives eny +lghl io any hearlng or to receive any notice oT legal process, as e pie-wndilion JOT Heic temvenng the Equlpmenl.

Customer agrees to permit such entry end action by Hetc. In such case Hetc may also terminate this Agreement wlthoul notice to Customer or preludice to any remedies or cleims whn:h Herc might olhemise have JOT any emiiunf dUti hereunder, expense Of relaking. oouri cosls end reasonable allomeys' {eel Customer will remaln Ilable Tor the Equipment Or Lot any loss or InluQl to Ihe Equipment, any pLOpeaiJ anstor persons. notwilhslanding such letmlnelion. Hetc shall have the right to issue and circulate Ihefl notices. cause warrants to be issued and lake any other steps which Hetc may reasonably deem necessary to recover the Equipment. if the Equipment Is not reiumed on Ihe date specified on the Ftonl or soonet as pennljted by the lerms of this Agreement. The remedies provided herein in Tavor oT Heic are not exdusive bul shell be cumulative and in addllion to all other remedies exlsling at law or in equity, any one or more of which may be exerclsed slmulianeously or successively.

8. INSIJRANCE. Liability Insurance Tor InjuryfDamage lo T+wd Padies - Customer agrees to mainlam and caq. at its own expense and at all limes dunng Ihe farm oT this Agreement. the following insurance (1 ) commetaal automobile insurance, with at least a per OccutienC8 limll 01 SS million. Why:h INCLUDES ooveTage JOT OWned and non-owned mOtot vehicles. Herc shall be named es en additional insured Tar all cleims aiiting out Of the mainienance. operation. or use of the vehicle. All insurance, whether issued on a p+imay or umbrella{excess BALLS, affOmed iO HetC hereby Shall be primary iO, and nonconliibulory with. any olher insurance on W+ilCh HeTC iS a named insured, whether such other Insurance Is prlmary. excess, selT-Insurance. or Insurance on any other basls, to the Tutlhesl extent pennllied by law Where. by operallon of law, Herc Is iequked to provlde prlma7 coverage, such pilmary and non-conlnbutory protection shall not exceed the minimum limits required by the automobile Tlnancial responslbllity laws of the applicable slate. Such protection mll oontttm to the basic requirements of the epplicable No-Fault law.

BUT DOES NOT INCLUDE MOTORIST, SUPPLEMENTARY NO FAIILT OR ANY OTHER 01"TIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW. HERC AND CIISTOMER REJECT THE INCLUSION OF ANY SUCH COVERAGE. IT such coverage Is Imposed by operaflon ol law. then the 11mlls oT such coverage wlll be the mlnlmum requlred by the law of the appllcable state. (2) commerdal general Ilablllty ln5uTance (pTOVlding ooVeTage equal 10 0T gTeaieT than the Standard 130 CG 00 01 12 04 TOTm), including txinlTaClual Ilabilliy coVeTage coVenng Customers indemnity obligations 01 Section 9. With limil8 0T insuTanCe nil 1e88 than $1 million peT ocCuttenCe and $2 million In ihe aggTegaie CuSlOmeT Shall name Hetc 88 an additional insuTed fOT all ClaimS and liability edslng OUI at the maintenance, operation, or use by the Customer of equipment leased lo Custo meT by Hetc (providing coverage equal or greater Ihan the slandam 180 CG 20 281 l 85). Such insurant.e shall be pnmsry and non-conlrlbutory to any other insurance maintained by Herc. Customer further agrees that the amount of Insurance avallable In Herc shall be lot the Tull amount oT the loss up to pollcy 11mils oT Ilablllly and shall not be 11mlted to the mlnlmum requlremenls of thls agreement. In the event any pollcy provlded In oompllance wlfh lhls agreement slates that the Insurance affomed to an additional insured will not be ltoadet than Ihal requlted by contract. or words oT similar meamng. Customer agrees that nothing In this agreement l:! mlended to ieslncl or limit the breadth of such Insurance: and i3) property Insurance Tor Ihs full replacement ooil oT the Equipment. including coverage far all nsks or loss OT damage to the Equipmenl The poliq must expressly oover owned and niin-owned Equlpmenl, Includlng motor vehicles iiT appll>ble). whlle In your care. custody and control. Customer shall carry wooers compensation and employers' Ilabilily insurance with el leasta per occUrrence limit oT tl million. Customer Shall name HeTC 88 an additional insured for all Cl8imS ati8ing out Of the maintenance, OpeTaliOn OT use Of the eqUipmenil and a8 an addili0n81 1088 payeei Any deduClibles or self-Insured RETENTIONS Shallle the sole teSpOnSibilliy Of the Customer. All insurance required by this Rental Agreement shall include a waiver of nghls ol recovery against Here or its insurers by the Customer and Its Insurers, as well as a waiver oT sultogalion agalnsl Hetc or its insurers.

The pOliCies TequlTed hBntundtiT Shall pTOVlde ihai HerC numl TeCeiVe nil less ihan 30 DADS' notice pnOT iO any cancellation. Customer shall piovlda Heic with documented proof oj all iequlied Insurance coverage, Includlng coples of all applicable addltlonal Insured endorsements. FOR RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD IISE. CIISTOMER MIIST EITHER (i) ELECT TO NAME HERC AS LOSS PAYEE EVIDENCING PROPERTY INSIIRANCE COVERAGE, OR (II) ELECT TO PIIRCHASE THE RENTAL PROTECTION PLAN. Nofhlng conlalned In thls Insurance Sscllon shall 11mll or modliy the obllgallons set forth In Sectlon 9.

9. INOEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW. AND FOR AND IN ADDITIONAL CONSIDERATION OF PROVIDING THE EQIIIPMENT HEREIN. CUSTOMER WILL DEFENO, INDEMNIFY AND HOLD HARMLESS HERC, ITS PARENT COMPANY. THEIR AFFILIATES. AND THEIR RESPECTIVE DIRECTORE, OFFICERS. AGENTS ANI) EMPLOYEES (COLLECTIVELY "HERC INDEMNIFIED PARTlESa), FROM AND AGAINST ANY AND ALL ACTUAL, ALLEGED, I"OTENTIAL OR PERCEIVED RISKS OF INIIIRY, DEMAND3, CLAIMS, SIJITS, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS. DAMAGES (lNCLuDING BUT NOT LIMITED TO COSTS, EXPENSES, DELAYS, oEDUCTlsLE AMOIINTS OF INSURANCE. THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UN[)ER THIS AGREEMENT THE COST OF PuRSUlNG ANY INSURANCE PROVIDERS, AND LIOUIDATEO, CONSEQIIENTIAL AND PUNITIVE DAMAGE8). ENVIRONMENTAL SPILLS, ATTORNEYS' FEES AND DISPUTE RESOLUTION COSTS. WHETHER OR NOT SUCH LOSSE8. LIABILITIES.

CLAIMS OR DAMAGES ARE BASED, IN WHOLE OR IN PART UPON ANY OF THE HERC INDEMNIFIED PARTIES' ALLEGED NEGLIG!NCE OR PARTICIPATION IN THE WRONG OR UPON ANY ALLEGED BREACH OF A ST ATuTORY OR REGulATORY DUTY OR OBLIGATION ON THEIR PART, ARISEN OUT OF OR ALLEGE[) TO HAVE ARISING OUT OF ANY ACT OR OMISSION IN CONNECTION WITH THE CUSTOMERaS MAINTENANCE, USE, POSSESSION, OPERATION, ERECTION, DISM ANTLING, SERVICING OR TRANSPORT ATION OF THE EQUIPMENT OR MOTOR VEHICLE OR CUSTOMER'S FAILuRE TO COMPLY WITH THE TERMS OF THIS AGREEMENT,BY REASON OF BODILY INJURY, INCLUDING DEATH, AND PROPERTY DAMAGE, SLISTAINED BY ANY PERSON OR PERSONS, INCLUDING BUT NOT LIMnED TO EMPLOYEES OF CUSTOMER.

CUSTOMER WILL, AT ITS SOLE EXPENSE, COMPLY WITH ALL FEDERAL. ST ATE AND LOCAL LAWS AND REGIILATIONS AFFECTING THE EQUIPMENT AND ITS USE. OF'ERATION. ERECTION, DESIGN AND TRANSPORTATION, INCLUDING WITHOUT LIMITATION. LICENSING AND BlllL € lNG CODE REQUIREMENTS. AND WILL DEFEND. IN0EMNIFY AND HOLD HERC INDEMNIFIED PARTIES HARMLESS FROM ALL LOSS, LIABILITY OR EXPENSE RESIILTING FROM ACTUAL OR ALLEGED VIOLATIONS OF ANY SUCH LAWS. REGIILATIONS OR REQUIREMENTS. The foregoing indemnificatlon provisions will not reduce or affect the other nghts or obligations which would otherwise exst in Tevor of the Herc Indemnined Parties. Any msutance reqwemenls sei Todh In this Agreement OT any Agreement will nol 11mlt Toiegolng Indemnifimtion. ! 0. NOTICE OF LOSS OR ACCIDENT. In the event oT an accident, 1088 oT, Ihetl of, or damage to, spill or leak oT hazamous malenals Trom, Ihe Equipment, Customer agrees to noliTy Herc as soon as possible by lelephone and, Iherealler, to lm m edialely report In wnllng 10 HerC and 10 Ihe publiC aulhonlies (where required by law OT by Hetc) all necessary inTomiallon relallng lo the loss or acadenl.

11. CONDITION OF THE EQUIPMENT. Customer acknowledges having examined the Equlpment upon Its dellvery to Customer. The Equipment shall be deemed to be ai.cepled by Customer upon deliver and sublect lo the terms and condlflons of lhls Agreement. Customer shall noll$ Hetc In wntlng wllhln 24 hours of dellvery oT Ihe Equlpment ol any problem wllh Ihe Equlpment. If the Equlpmenl Is found by Customer not to be In good mechanlial condlllon, as a resuli oT conditions not the responsibility oT Customer. nor aiused by the Taull or negligence ol Customer OT Customer's employees or agents, Customer will so nolily Hetc, whereupon Hetc will then, at its option and without any other liability OT responsibility by Hetc to Customer (a) repair or suitably replace the Equipmenl wilhln a reasonable lime dutmg Heic s nomiel woAlng houri. with Ihe commencement or ninning oT the terms oT Ihis Agreement to be tolled for the penod the Equipmenl is "downa. or (b) remove the Equipment and termmale lhls Agreemenl and ieTund payments oT rental charges. IT any, lot Ihe unexpked lemi oT the Agreement. less whatever is due Herc for damage to OT mamlenance oT Equipment which is Ihe responslblllly of Customer. Customer agrees to proThde full access to the Equlpment to Hetc's representatives to enable Herc to meet its responsibilities hereunder. ! 2. LATE PAYMENT FEE. Should Customer jail to pay any invoice to Hetc in acoordance with the lerms of such invoice. Customer will pay a late payment lee to Herc on such delinquent paymenl until fully paid, at an amount up to the maxmum tale allowed by the laws oT the jurisdiction In why:h the Hart. Io>llon specified on Ihe Fmnl is located.

13. FIIELING SERVICE CHARGE. Hetc agrees to provlde the Equlpmeni io Customer wllh full fuel tanks. Customer agrees to telum the Equlpment wllh lull Tuel lenk(s). IT Customer relums ihe Equlpmenl with the Tuel tank(s) less ihan full, Customer will pay to Hetc a sum equal to Hetc's Ihen appli>ble reTuellng swvice charge posted at HeTC' s localion where the Equlpmenl is retumed Tor Ihe number of gallons iequked lo reflll Ihe tank(s) at the lime oT relum.

14. . This Agresmenl expresses Ihe entire agreement between the padies with msped to the sublect malter heieoT. No modification OT alteration of the terms hereoT will be etiedlve as againsl Herc unless same is in wtiling and signed by a duly aulhorized officer of Hetc. Customer's use andlor deliveiy ol Ihe Equipment andfor Customer's signlng of Ihls Agreement shall be deemed execullon ol this Agreement and shall mnslitule Customer's acceptance of all oT the Ttirms contained on the Front hereof and herein, and the exdusion oT any lemis and condilions otherwise stated by Customer or contained in any oT Customers documents.

The paragraph headlngs contalned In thls Agreemenl are for convenienca only and wlll not be used lo expand OT limit the actual lemis and condilions hereof. Customer and the person signing this Agreement represent that' (a) they bOlh have Tull aulhoTli} 10 execute, dellver and peiform Ihls Agreement, and (b) ihlS Agreemeni IS a legal, valld and blndlng obllgallon 01 Customer, enToiceable In accomance wlth Its temis.

15. GOVERNING LAWfJuRISDICTIONIJURY TRIAL WAIVERILIMITATION OF LIABILITY. This Agreement shall be govemed by and mnslrued in accordance with the laws of the stale oT Delawaie wilhoul regard to ils mles oT conflicl oT laws. Customer Inevocably and unconditionally consents In submil lo the junsdiclion oT the slate and federal courts within Ihe Slate of Delaware (the "Delaware Couttd') or Florida ("Flonda Courts") JOT any litigation anslng out ol OT relating to this Agreement and the transactions contemplated hereby. and waives any objection to the laying ril venue and forum in the Delaware Courts andfor the Flonda Couds. F any piiivision. or any part ol any provision of Ihls Agreemenl or Ihe appllcatlon lhereoT Is thereaffet held Invalld or unenTorceable, the remalnder of thls Agreement shall not be affected thereby and to Ihls end the provlslons oT Ihls Agreement are dedaied seveiable. Each party hereby waiVeS and Teleases all Tlghl iO lnal by jury in any aCliOn. pmceeding or counlercleim troughl by either pady herelo agalnSl the Other (andfOT against Its OlficeT81 dlTeClOTS. employees. agents. Of subsidiaiy OT affiliated entities) on eny malters whatsoever ansing out of or in any way conneded wilh this Agreement. THE MAXIMUM LUIBILITY OF HERC. ITS OFFICERS. DIRECTORS, EMPLOYEES. AGENTS OR AFFILIATES IINDER THIS

AGREEMENT (REGARDLESS OF WHETHER A CLAIM IS BASED IIPON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID TO HERC BY CUSTOMER UNDER THIS AGREEMENT.

16. ELECTRONIC SIGNATIIRES Customer agrees Ihal this Agreement may be signed manually OT by scannlng and sending.pdf or other copies thereof Tha small OT &a any other electronic means and in one or more oounlerparls.

17. FAMILIARIZATION. All famlllarlzallon requesls must be made In wnllng not less than five (5) calendar days before scheduled dellvery daie or at tlme of purchase. Request(a) must be submllled to the locallon In whlch the Equipment was tented and idenllly the name oT the person(s) designated to TeCelVe the Equipment. If requested, Ihe llser as denned by ANSI A92{CSA B354 AGREES 10 haV8 the person deSlgnaled pTesent 81 the lime tit deliVe+y 10 recelve the equipment lamilianzalion. FamlliaSzalion will be made m accordance to ANSI 492 & CSA B354. Familiaiizafion is not oonsideied Iraming or cetliTlcalion and does not impact the obligaiions of Section 2.

U.S.RA 03-30-23
235
Show R.A. Number on all Correspondence
QUOTE
BRANCH: 676 BILL TO CUSTOMER: 2654363 SHIPPING ADDRESS

HERC PROSOLUTIONS CARSON
22422 S. AL/)iME[)A STREET
CARSON, CA 90810
310-233-5000
CITI OF SOuTHGATE
8650 CALIFORNIA AVE
SOuTHGATE, CA 90280-2557

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOLITHGATE, CA 902802557
323-563-5785

DESCRIPTION/CHARGES
ESTSTART: 5/08/24 10:48 ESTRETURN: 6/05/24 10:48 DROPDATE:

SHIPPEDBY: 16 0RDEREDBY: OSIE DROPTIME:

ORDERDATE: 5/06/24 SALESPERSON: 316 SALESCOORDINATOR, PO#/JOB#, PDCHILLER , Ratessubjecttoavailability
Herc Rentals offers peace of mind when you purchase Rental Protection Plan ("RPP") at the start of your rental. This optional program limits your responsibility when accidental damage or theft occurs on covered equipment. You will be charged the RPP fee if you choose to purchase RPP or until you provide an acceptable certificate of insurance. View the benefits, details, and exclusions to RPP by visiting our website at https://www.hercrentals.com/services/rpp-rental-protection-plan/terms-and-conditions.html or contact your Herc Rentals servicing location for more information.

Qty Equipment # Hrs/ Min Hour Day Week Month Amount 1 30 TON AIR COOLED CHILLER W PUMP 8/ 581.00 96.83 581.00 1684.00 4630.00 4630.00 7181750
CA PROPERTY TAX RECOVERY FEE 2217999001 34.73
1 100KW GENERATOR DSL 8/ 430.00 71.67 430.00 1135.00 3175.00 3175.00 5011100
CA PROPERTY TAX RECOVERY FEE 2217999001 23.81
1 CABLE 2 50FT CAMLOCK 5 BANDED 8/ 34.00 5.67 34.00 77.00 159.00 159.00 9400516
CA PROPERTY TAX RECOVERY FEE 2217999001 1.19
1 CONTAINMENT BERM 8X14 8/ 47.00 7.83 47.00 116.00 315.00 315.00 9131031
CA PROPERTY TAX RECOVERY FEE 2217999001 2.36
2 CHILLER LOOP HOSE 4"XIO' W/CAMLOCKS 8/ 12.00 2.00 12.00 22.00 65.00 130.00 7792401

CONTINUED
CAREFULLY READ THE TERMS AND CONDITIONS THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE ("TERMS") RENTAt I"ROTRCTION F'LAN. Customer muSl ellheT ihOW ptOOT OT PTOpe0 Insul'anOB a8 requlred In SeCtlOn 8 0n TeWl Slde IN!LeCll IT puTOham Rental PrOl8f-110n Plan laRPl"a). HeT(i Rentals InC OT 118 Bfflllat0 (alter(ia) mad Offer RPP JOT a Toe to Customer on cebln Equlpment and Toy certaln types of loss OT damage to 11mll Cusfomeis Ilablllty for propeijy loas l)( damage lo such Equipmsnl Toi su# Itiis or damage. RPP Is not offsted on all types oT Equlpment NOTWITHSTANDING PAYMENT OF THE RPF' FEE. RPP [)OES NOT APPLY. AND CUSTOMER IS LIABLE FOR, ALL DAMAGES TO OR REPIJCEMENT COST OF. THE !:OLIIPMENT. AS APF'LICABLE. AND ANY ADMINISTRATIVE FEES AND EXPENSES OF HERC: (1 ) CAuSED BY THE EQUIPMENT BEING USED OR OPERATE[) IN VIOIATION OF ANY OF T+lE TERMS. (2) IN CASE OF NEGLIGENCE, AS DETERMINED IN HERC'S SOLE DISCRETION: ANDIOR !!Wcl@o'WEB'W?BEB'ri!il4!i)'!!!'.h!!!'!eEiWi7sH.!ffW;i'l!'s!'p6i'e!iJ9p"8!ci)o'!"pW?e'!i'a3!PH!!J!:.E"Hp#,,po',lea::(1"'4R@1':':;:Ba'(5o"palJ';,a7 ffB6(,a:;B':::# 8u'sai'oom"ear?'r'cea':"ina;q'u':mRPenPiTa'n:%':uas'ioomceo%ao"o'Ap:Sr" and pays %rc the RPV' lee, in retum JOT the RPP lee. If at the tlme oT the daim. RPP oovets sudt repalr OT replacement. HeTC ffi(irees lo walve >bln daima for accidental dama-0ffis-io 6r'lhefior'sudi'c6varetl €qu-lp-m-e-'n-i'o;'cum- n6 -duffng Ilomtal and >reTul use Cuslomer remains Ilable for all other damages as sel ltulh In the Terms. RPP IS NOT INSIIRANCE. TO THE E)tTENT HERC DOES NOT OFFER RPP TO CIISTOMER. OR CUSTOMER DOES NOT ACCEPT RPP.

CUSTOMERMu8TMAINTAINTHEPROPERTflNSuRANCECOVERAGEREQlllREDBYPARAGRAPH8. PL!A8EBEAWARETHATIFCu8TOMERDOESNOTELECTTOTAK!iRPPANDITELECTSTOMAINTAINPRCPERTY 1N8L1RANCE COV!RA(at AND IF TH!i C!RTIFICATE OF INSuRANC!: PROVIDED TO H!iRC TO MDENCE SIICH lN8uRANCffi COV!RA(ilE IS uNACCEPTABl! TO HERC OR TH!i APPLICABlE POLICI!ia EXPIRE, CUSTOM!iR AtsREES THAT HERC MAY CHAR(,E RPP FOR ALL APIILICABLE RENTALS UNTIL SUCH TIM! AS AN A(.CEPTABlj AND VALID CERTIFICATE OF IN!luRANC!i IS PROVIO!D ANt) SUCH MATTER8 ARE CORRE(:7150 TO HgR(:'8R!ASONABL!i8ATl8FACTION. NOTWITH8TANDINGANYNOTATIONONTHERENTALRECORD,RPPISNOTOFFEREDONORAVAILABLEFORTHERENTALOFI"ASSENGERMOTORVEHICLE8ANDCERTAIN OTHER EQIIIPMENT LISTE0 0N HERC'8 WEBSITE.

Awedbas'late'aa"l dhallap"a!www"o'oh'e'araaaenata"dlsa.oo""mfas:'!valaoe"s-aa's"soa&ablaeda-p!aaarg"e's"h'ofm? "C'u"sfao'mae'raa'g'are' eaas"lobpaa'yo,Tndaod'dl"tloan';THE EOUIPMENT IS RENTED BY HERC TO THE CUSTOMER F'URSUANT TO THE TERM8. CUSTOMER EIE?I:II-QENT/I 11AVlN(Ii Ell-An ANn A('Elf-l-n Tn !IAMI- all rental Thaiges. all fees and charges set forth above and, the following charges as appli>ble: (i) based on Cuslomsis possesslon and{or use oT the Equlpmsnt. all mnsumables. fees. 11csnses. present and Tulute taxes and any Other governmental Charged; ill) addltlonal charges for more Ihan one shift usty (Ill) lrelght, dellvsry. pick up. itanspoiiaiion charges. (lv) Itanspotiallon setvlce surchnges: (v) repain and replaoement per thls ainlTaci: iVl) deanlng Tharge Tot Equlpmenl netumed with ex>sslve dm. oonwets andlor paint: (vll) jses Lot lost keys, (vlll) reTuellng ssrvce diaiges, (lx) fines lot use ol dyed dlesel fuel In on toad Equipment: ix) preventalive maln(enance charges: (xl) emisslons and envkonmenlal surcharges and Teas. (xll) vahlcle 11tansa Ties. HERC COLLECTS THESE FEES AND CHARGES AS REVENllE AND uSES THEM AT ITS DISCRETION PARAaRAPH 1 l ON Tlffl BACK OF THIS PA(sE IS IN llEu OF il) ALu WARRANTIES, EXF'R!i8S, IMPllED OR ST ATLITORY, INCLUDIN(i, BUT NOT LIMIT!D TO, THE IMPLIEO WARRANTY OF WRCHANTABILITY AND Tlffi IMPLI!D WARRANTY OF PITN!i88 FOR A PARTICULAR PURPOSE; AND (II) ALt OBLlaATIONS ON THE F'ART OF HERC TO CUSTOM!iR FOR DAMAG!8.

CUSTOM!iR WAIVE8 ALL INDIRECT, INCIDH)ffAL, (:01ffl!CIO!iNTIAL OR SPECIAL DAMA(iES ARl81Nls OUT OF OR IN CONNECTION WITH THIS M3RE!iMffNT, INCLut)lNa WITHOUT LIMITATION. TH!i RENTAl, MAINT!NANCE, ulj OPERATION, 8TORACiE, ERECTION, 018MANTLlN(i OR TRANSI'ORTATION OF T14 EQulPMl_NT.

Customer is obligated to ielum the Equipment in a good, clean. and uncontamlnated condition, kee of any and all hazardous substances.

Customer Name
Customer Slgnalura
Herc-RentalsTM
R.A. No. 55933907

Tllla
Quote Valid For 30 Days From Order Date
Terms are due upon receipt Not valid without Barcode Dale
IlllIIlllllIlllIIlllllIlllllllllllllIIIIllllIllllIlllllIlllllllllIIllllllllIllllIlllIFor GREAT DEALS on USED EQUIPMENT - visit us on-line at HercRentals.com 236
Show R.A. Number on all Correspondence
QUOTE
BRANCH: 676 BILL TO CUSTOMER: 2654363 SHIPPING ADDRESS

HERC PROSOLUTIONS CARSON
22422 S. ALAMEDA STREET
CARSON, CA 90810
310-233-5000

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOuTHGATE, CA 90280-2557

CITY OF SOUTHGATE
8650 CALIFORNIA AVE
SOuTHGATE, CA 902802557
323-563-5785

DESCRIPTION/CHARGES
ESTSTART: 5/08/24 10:48 ESTRETURN: 6/05/24 10:48 DROPDATE:

SHIPPEDBY: 16 0RDEREDBY: OSIE DROPTIME:

ORDERDATE: 5/06/24 SALESPERSON: 316 SALESCOORDINATOR:

PO#/JOB#: PDCHILLER , Ratessubjecttoavailability
Qty Equipment 41 Hrs/ Min Hour Day Week Month Amount CA PROPERTY TAX RECOVERY FEE 2217999001 .98
2 CHILLER LOOP HOSE a"x:_s' W/CAMLOCKS 8/ 17.00 2.83 17.00 35.00 97.00 194.00 7792405
CA PROPERTY TAX RECOVERY FEE 2217999001 1.46
2 PIPE 45 DEG ELL 4 IN BY VARIOUS OUTPUT s/ N/C
9202016
CA PROPERTY TAX RECOVERY FEE 2217999001 N/C
2 PIPE 90 DEG ELL 4 IN BY VARIOUS OUTPUT 8/ N/C
9202018
CA PROPERTY TAX RECOVERY FEE 2217999001 N/C
' " " Items are priced per piece " "

CONTINUED
CAREFULLY READ THE TERMS AND CONDITIONS THAT APPEAR BELOW AND ON REVERSE SIDE OF THIS PAGE ("TERMS") RENTAt F'ROTICTION P[AN. Cuslomar must mthet show prool ol Properly Inauranoe as required in !isclion 8 on reverse side hensoj or purchase Rental Proledion F'lan (aRPPJ Herc Renials Inc or Its afflllaie (aHetc!) may ojler RPP lot a fee to Customer on cenam Equlpmenf and lay cerlaln types of 1088 or damage lo 11mll Customer's Ilablllly for property loss or damaga lo such Equipment JOT such 1085 0T damage RPP Is not offered on all types oT Equlpment NOTWITHST ANDING PAYMENT OF THE RPP FEE, RPP DOES NOT APPLY, AND CUSTOMER IS LIABLE FOR, ALL DAMAGES TO OR REPLACEMENT COST OF. THE EQUIPMENT, AS APPLICABLE. AND ANY ADMINISTRATIVE FEES AND EXPENSE8 0F HERC. % ! ) CAUSED BY THE EQulF'MENT BEING 11SED OR OPERATEO IN VIOLATION OF ANY OF THE TERMS: (2) IN CASE OF NEGLIGENCE. AS DETERMINED IN HERC'S SOLE DISCRE ION: AND{Ott (oan)HIFeC,cOsVwEeRAbsGlleEaliS Kl{pCsl,,P4E!uet!toe=t!tars"oo= ffsPeMT!R!lPSpA,N8Dn8,OpN,0[!elTc!FoN!PjPaO,n?eTnED,a0nlTh !'!n"!&'sonws ffPm!lTEhe,ll0p,eondeadaadlnpollnwghRelPhPe.,Clouast.ompelrRaarPa.el? Hloep,cayoffaen:RPPPPTeleO cCuuBsiloommee,r,mO,u2 and pays Herc the RPP fee. in retum for the RPP lee. II at the tlme of the claim. RPP ooveis such repair or replacement, Heic aiees to waive cafflaln dalms JOT addenlal damages lo or lhell oT such- 'wvered Equlpmeni 6ffium-n-6 -d-unng ;,,,r;R;S;;Au;z;,g4HE,e4H7;:;g3t#iqr,.G1::g.,,H5;H;H%og8,W:r:;;:;igxT;T..?y;h,'HI;%.,;E,;';;HT,ggWEHgg;g;H:7_;;:";gH;;H::;gR,p;%;%g:.,),;;ll;;;Pi lN8uRANCff COVffRAG!i, AND IF TH! C!iRTIFICAT! OF INSURANCE PROWDED TO HERC TO EVID!iNC!i 8LICH INSURANCE COVERAO!i IS uNACC!:PT ABLE TO HERC OR THE Al'PLICABL!i P011C1€8 EXPIR!, CO!iTOMER aaR! €8 THAT HERC MAY CHARW RPP FOR ALL APPLICABLE RENTAL8 UNTIL SO(:H TIM!i A!i AN ACCEPTABLE AND VALID C!iRTIFICATE OF 1N811RANC1: IS PROVIDED AND SUCH MATTERS ARE CORR!CTED TO HttRC'8 REA80NABlj SATISFACTION. NOTWITHSTANDING ANY NOTATION ON THE RENTAL RECORD, RPr IS NOT OFFERED ON OR AVAILABLE FOR THE RENTAL OF PASSENGER MOTOR VEHICLES AND CERTAIN OTHER EOul%ENT LISTEI) ON HERC'S WEBSITE.
'We':'#eaa"l gHspcsn41ono:eferc:sanaW?ssmur;.has7:s4:aatsmsoa&a::_pEbe:4;m? 'at'ma;a;g'ateeaa;l:paa'yo,'l'n"ao;di"lloan'olOa THE EQUIPMENT IS RENTED BY HERC TO THE CUSTOMER PllRSuANT TO THE TERMS. CUSTOMER I:)El:IEII-!II-NT!t 11AVINt. I?EAn ANn AnlllEl-n Tn (lAtAE all rental charges. all fees and charges set lonh above and, the {611owlng charges as a5pliaible (i) based on Cuslomeis possesslon andloi use ol the Equipment. all oonsumables. Tees. 11censes. present and jutuie taxes and any other govemmenlal charges. ill) addlllonal charges Tor more than one shiff use: (iii) Tielght. dellvtuy. pick up, liansptulallon charges, (lv) lianspodatlon setvlce sudarges; (v) repalrs and replacement per lhls oonliact. (&) deanlng charge Tor Equipmenl retumed with excesslve dirt, conmle andlor palnl. [vll) fees Toi lost keys, (vill) refueling serwa charges, (lx) fines Tor use of dyed dlessl fuel In on road Equipment: (x) ptevenlative mamlenance charges. (xl) omissions and envlronmenlal surcharges and lees: (xll) vehicle Iloense Teas. HERC COLLECTS THESE FEES AND CHARGES AS REVENIIE AND USE8 THEM AT ITS DISCRETION paRAaRAps 11 0N THE BA(:K OF THIS PA(i! IS IN LIEU OF 11) AlL WARRANT11E8. EXPRE!IS, IMPLI!D OR !iT ATuTORY, INCLuDIN(i, BLIT NOT 11MITHD TO, THE IMF'LI!iD WARRANTY OF MERCHANT ABILITY AND THE IMPLI!D WARRANTY OF PITNEa8 FOR A PARTICULAR PuRPOS!i AND (II) ALL OBLIGAT10N3 0N TH! PART OF H!iRC TO CO!iTOMER FOR OAM1113!i8.

CUSTOMER WAIV!iSi ALL INDIRECT, INCIDENT AL, CON!iEQLIENTIAL OR SPECIAI_ DAMAG!iSi ARISINa OUT OF OR IN CONN!iCTION WITH TH18 A(iR!EMENT, INCLuDIN(i WITHOUT LIMIT ATION, THE R!iNT AL, MAINTENANCE, u8j OPERATION, 8TORA(iE, ERECTION, DISMANTllllls OR TRANSPORTATION OF TH! EQLIIPMENT.

Customer is obligated to ietum the Equlpment In a good, clean. and uncontaminated condition, Tree oT any and all hazaious substances.

Customer Name
Customer Slgnaiure
Her-cRentalsTM
R.A. No. 55933907