Agenda packet, regular meeting — South Gate City Council, July 9, 2024 (part 1 of 3)

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July
9, 2024 at
6:30 p.m.

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:

HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR,
Gil Hurtado

CITY CLERK,
Yodit Glaze

VICE MAYOR,
Maria Davila

CITY TREASURER,
Jose De La Paz

COUNCIL MEMBER,
Maria del Pilar Avalos

CITY MANAGER,
Rob Houston

COUNCIL MEMBER,
Joshua Barron

CITY ATTORNEY,
Raul F. Salinas

COUNCIL MEMBER,
Al Rios

If you would like to participate in this meeting, you can participate via the following options:

1. VIEW THE MEETING LIVE ONLINE AT: https://youtube.com/@SouthGateCA90280 Please allow up to 24 hours after the meeting for the archive to be available.

2. PARTICIPATE BEFORE THE MEETING by emailing the City Clerk at:
[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.

3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative
body from taking further action and moving forward on the agenda.

Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, 1 closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.

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

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

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

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

Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Gil Hurtado, Mayor

INVOCATION:

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

Joshua Valdez, Contract Planner
ROLL CALL:

Yodit Glaze, City Clerk
Meeting Compensation Disclosure

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

Public Hearings

1. Consider Live Entertainment Permit request for 951 Banquet Hall located at 9849 Atlantic Ave

Following the conclusion of the Public Hearing, the City Council will consider: (CD) a. Approving the live entertainment permit for the 1951 Banquet Hall to have live entertainment at 9849 Atlantic Avenue, Unit H ("Project Site") subject to the conditions set forth in the permits and any limitations and/or conditions the City Council may wish to impose.
2 Documents:

Item 1 Report 7092024.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.

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

Reports And Comments From City Officials

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

Consent Calendar Items

Agenda Items
2, 3, 4, 5, 6, 7, 8, 9, 10
and

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

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

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

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

Item 2 Report 7092024.pdf

3. Amendment No. 4 to Contract No. 2022-77-CC with Z&K Consultants, Inc. for additional Construction Management and Inspection Services for the Hollydale Community Park Renovation Project

The City Council will consider: (PW)
a. Approving
Amendment No. 4 to Contract No. 2022-77-CC
with Z&K Consultants,
Inc., ("Agreement") to provide additional construction management and inspection services for the Hollydale Community Park Renovation, City Project No. 607-PRK, at a not to exceed cost of $180,570;
b. Authorizing the Mayor to execute
Amendment No. 4
in a form acceptable to the City
Attorney; and
c. Authorizing the City Manager to approve and execute subsequent amendments for a cumulative amount of $100,000, to streamline approval of additional services should they be needed.

Documents:

Item 3 Report 7092024.pdf

4. Agreement with Los Angeles County Metropolitan Transportation Authority for Measure R Funds for the I-710 Firestone Boulevard Southbound On-Ramp Modification Project

The City Council will consider: (PW)
a. Approving Funding
Agreement
with the Los Angeles County Metropolitan
Transportation Authority ("Metro") to accept $1,450,000 in Measure R Funds for the I- 710/Firestone Boulevard Southbound On Ramp Modification Project ("On Ramp Project"), City Project No. 354-ST;
b. Appropriating $1,450,000 in Metro Measure R Funds to the On Ramp Project; and

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

Documents:

Item 4 Report 7092024.pdf
4 5. Agreement with Sequel Contractors, Inc for Construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST

The City Council will consider: (PW)
a. Approving an
Agreement
with Sequel Contractors, Inc. ("Agreement"), for the
construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST, in an amount not to exceed $7,745,175, with a construction completion schedule of 180 working days; or
b. Approving an
Agreement
with Sequel Contractors, Inc. ("Agreement"), for the
construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST, in an amount not to exceed $8,095,175, with a construction completion schedule of 145 working days;
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney;
d. Authorizing the City Manager to approve change orders administratively up to a cumulative amount of $800,000 to be funded with project contingency funds, to expedite approval of change order work to avoid construction schedule delays; e. Authorizing the City Manager to approve pre-payments of construction progress payments for the construction contract to comply with state legislation that requires payment of invoices within 30 days;
f. Declaring the Tweedy Mile Complete Streets Project, City Project No. 614-ST, to be Categorically Exempt under Title 14 of the California Code of Regulations, Section 15301 of the California Environmental Quality Act ("CEQA"); and g. Approving the Notice of Exemption for the construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST, and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office.

Documents:

Item 5 Report 7092024.pdf

6. Agreement with Gannett Fleming, Inc., for Construction Management Services of Tweedy Mile Complete Streets Projects, City Project No. 614-ST

The City Council will consider: (PW)
a. Approving an
Agreement
with Gannett Fleming, Inc., to provide Construction
Management and Inspection Services ("Agreement") for the construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST in an amount not-to-exceed $551,900;
b. Authorizing the City Manager to approve and execute amendments up to a cumulative amount of $100,000; and
5 c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

Documents:

Item 6 Report 7092024.pdf

7. Transit Agreement with Fiesta Taxi for Phone-A-Ride Services

The City Council will consider: (PARKS)
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.

Documents:

Item 7 Report 7092024.pdf

8. Attorney Retainer Agreement with the Law Firm of Liebert Cassidy Whitmore for Legal Services

The City Council will consider: (ATTY)

a. Approving Attorney Retainer
Agreement
with the law firm of Liebert Cassidy Whitmore
to provide legal services to the 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.

Documents:

Item 8 Report 7092024.pdf

9. Purchase Order with Mike Cabrera Printer to Produce the City’s Connect Brochure for FY 2024/25

The City Council will consider: (PARKS)
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.
6 Documents:

Item 9 Report 7092024.pdf

10. Purchase Order with Herc Rentals for HVAC Equipment for SG Sports Center & Police Station for 2024
Summer Season

The City Council will consider: (PW)
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.

Documents:

Item 10 Report 7092024.pdf
Reports, Recommendations And Requests

11. Warrant register for July 9, 2024

The City Council will consider approving the Warrant Register for July 9, 2024. (ADMIN SVCS)

Total of Checks: $ 2,001,954.67 Less: Voids $ (1,489.46) Less: Employee Payroll Deductions
$ (517,410.53)
Grand Total: $ 1,483,054.68

Cancellations: 100137, 100541, 100707, and Various Stale Dated Checks as Listed in the Staff Report.

Documents:

Item 11 Report 7092024.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on July 3, 2024, at 5:10 p.m., as required by law.

Yodit Glaze
City Clerk

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

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

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

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

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

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

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

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

STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate. 8 SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
9 Cil of South Gate
Item No. 1

CITY COUNCIL
AGhuy,b IBfflTL,TL,
For the Regtdar meeting of July 9, 2024
Department Head:

SUBJECT: CONDITIONAL USE PERMIT (CUP) No. 23-0040 TO ALLOW LIVE ENTERT AINMENT WITHIN A PROPOSED BANQUET HALL ("1951") LOCATED AT 9849 ATLANTIC AVENUE, UNIT "H"
PURPOSE: Consideration of Conditional Use Permit (CUP) No. 23-0040 to allow live entertainment, i.e. D.J. and 5-person band, within a proposed banquet hall ("1951") located at 9849 Atlantic Avenue, Unit H. Pursuant to Table 11.51-1 (Application and Review Authority) of the South Gate Municipal Code Section 11.51.030, live entertainment permit applications are subject to review and approval by the City Council.

RECOMMENDED ACTION: The City Council will consider:
a. Approving the live entertainment permit for the 1951 Banquet Hall to have live entertainment at 9849 Atlantic Avenue, Unit H ("Project Site") subject to the conditions set forth in the permits and any limitations and/or conditions the City Council may wish to impose.

FISCAL IMPACT: $200 for the Live Entertainment Permit. Fees will be collected annually upon the operator's renewal of their business license.

PUBLIC NOTIFICATION: Advertising and notification of the public hearing was conducted in compliance with Chapter 11.50.020, of the South Gate Municipal Code. Notice of the hearing was originally posted and priblished in the "South Gate Press" newspaper and was mailed to the surrounding properties on June 25, 2024.

ENVIRONMENTAL ELEVATION: The City of South Gate has determined that the proposed project qualifies for a categorical exemption under CEQA Guidelines Section 15301, (Class 1) "Existing Facilities", in that the project involves a negligible expansion of (live entertainment) activities allowed witin a banquet hall without alterations or expansion to an existing commercial building, and thereby is exempt from CEQA.

BACKGROUND: On April 16, 2023, during a regularly scheduled Planning Commission meeting, the Planning Comtnission approved a request for a Conditional Use Permit (CUP) No. 23-0030 to allow the catering of alcoholic beverages (ABC license Type 58) in conjunction with a banquet hall; and on-site consumption of beer and wine (ABC license Type 41) in conjunction with a full-service breakfast restarirant, The Pan. 1 10
In addition, live entertainment was proposed as part of the project. However, pursuant to Table

11.51-1 of the South Gate Municipal Code (SGMC) Section 11.51.030 (Review types and responsibilities), the City Council is designated as the review arithority for final approval of a Live Entertainment Permit. As a result, the Planning Commission approved the project without live entertainment.

As part of the project, the Community Development Director approved an Administrative Modification, granting a ten percent (10%) reduction in the mimber of off-street parking spaces required by the Zoning Code based on the existing rises within the subject site, resulting in a reduction of 11 off-street parking spaces. The Project Site is developed with 94 parking spaces.

With the approval of the Administrative Modification, the project is required to provide a total of 93 parking spaces, thus making the Project compliant with parking reqriirements.

On April 18, 2023, the Department of Community Development received an application from Liliger Damaso, Applicant, for Conditional Use Permit to allow the operation of a banquet hall with live entertainment; to cater alcoholic beverages with a Type 58 ABC license; the sale of beer and wine for on-site consumption with a type 41 ABC license; and a full-service breakfast restaurant at 9849 Atlantic Ave, Units H and I
ANALYSIS: The Project Site is located within an existing shopping center at the northwest corner of Tweedy Boulevard and Atlantic Avertue. There is an existing 22-foot-tall solid masong wall located along the westerly and northerly boundaries of the subject site, between the shopping center and adjacent residentials uses. The shopping center consists of two buildings. A restaurant pad ("El Pescador") is located at the easterly portion of the site, fronting Atlantic Avetue. The other commercial building is situated along the north and westerly edges of the site and hosts a variety of businesses, including the banquet hall and breakfast restaurant. The proposed banquet hall and restaurant will be in suites H and I, respectively, and share a cooking facility. There are a total of 94 parking spaces throughout the shopping center. The banquet hall will have operational horirs from 5:00 pm to 12:00 am, Monday through Sunday. Live entertainment in the form of DJ or 5-person band will be playing during the horirs of operation. The banquet hall will have a maximum capacity of 171 people. The applicant anticipates having five (5) employees and one (1) security guard on staff during the banquet hall's horirs of operation. The restaurant's hours of operation will be from 8:00 a.m. to 3:00 p.m., Monday through Sunday.

In anticipation of the potential noise generated by the proposed live entertainment. The applicant hired Innovative Noise Consulting to conduct a Noise Impact Study at the Project Site. A study was conducted at 6:00 pm and 7:00 pm on a Friday evening. The study was conducted to predict constant steady-state noise levels at the banquet hall and within the surrounding environment. The results were based on the loudest (allowable) operating noise levels, which showed that the sound pressure in the surrounding residential area will be at most 39. This noise level is within the allowed nighttime noise level limit of 40. The applicant will install a hardware or software volume limiter to ensure that the noise level is below the permitted noise level during hours of operation and is conditioned to mitigate any potential noise pollution exceeding the City's Maxitum sound levels per Section 11.34.080 of SGMC.

Basedonthe comprehensiveNoise Impact Study, existing site conditions, andproposedmitigation measures, including a volume limited to ensure compliance with noise regulations, the proposed 2 11
land use addresses potential concerns effectively. Thus, staff recommends approval of live entertainment at 9849 Atlantic Ave, Unit H.

ATTACHMENTS: A. Conditions of Approval
B. %blic Hearing Notice
C. Project plans (site plan, floor plans, etc.)
D. Noise Study (prepared by Innovative Noise Consulting) 12 Exhibit A

LIVE ENTERT AINMENT

CONDITIONS OF APPROV AL FOR
(CUP #23-0040)
'GThe 1951 Banquet Hall" - 9849 Atlantic Avenue

1. The permitted hours of operation for live entertainment (non-amplified acoustic bands and DJs) are as follows:

Monday:

Triesday:

Wednesday:

Thursday:

Friday:

Saturday:

Sunday:
5:00 p.m. to 12:00 a.m.
5:00 p.m. to 12:00 a.m.
5:00 p.m. to 12:00 a.m.
5:00 p.m. to 12:00 a.m.
5:00 p.m. to 12:00 a.m.
5:00 p.m. to 12:00 a.m.
5:00 p.m. to 12:00 a.m.

2. The business owner/applicant shall maintain all entrance and exit doors at the business closed during the hours of operation.

3. The applicant shall provide a minimum of one (l) on-site security guard during the operation of live entertainment.

4. The business owner/applicant shall ensure that customers do not loiter in the parking lot area of the business.

5. Security cameras shall be installed covering the parking lot and perimeter of the business. The number and placement of cameras shall be subject to the approval of the Sorith Gate Police Department.

6. All promotions of the business shall be conducted under the direct control of the business owner. There shall be no outside promotions of live entertainment at any time.

7. The premises shall be maintained at all times in a neat and orderly manner.

8. All alcoholic beverages sales, offerings, and consumption shall be conducted completely within an enclosed building on premises.

9. Building and site design and maintenance shall be consistent with the standards of the immediate neighborhood so as not to carise blight or deterioration, or to substantially diminish or impair property values within the neighborhood.

10. Applicant shall remove any rinpermitted signage located in front of their business.

11. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to additional conditions to maintain or remedy land use compatibility, security, or crime control issues that have arisen since the issuance of the permit. 13 Exhibit A

12. Noise generated from the business shall comply with the South Gate Municipal Code Section

11.34.080. In any case, noise shall not exceed 50dBA, measured at the property line. If noise- related problems are received and verified by the city, the owner/applicant is required to conduct a noise study by a licensed acoustical engineer to show that the site complies with the City's Noise standards. If the business exceeds the City's noise standards, the owner/applicant shall mitigate noise-related problems to the satisfaction of the City.

13. Prior to operating live entertainment, the owner/applicant shall obtain any and all reqriired permits and approvals from the Business License Division for this Live Entertainment Permit.

14. Signs shall be posted at all entrances of the premises and business identifying a zero-tolerance policy for miisance behavior at the premises (including parking lot).

15. A copy of the Live Entertainment Permit and any other Business Licenses shall be prominently posted on the premises at all times. The applicant shall make available said copies upon request by any Police Officer, Code Enforcement Officer or any other City staff responsible for the enforcement of the City's laws, regulations or ordinances.

16. Within thirty (30) days of approval of the Project, the Applicant and Property Owner shall certify his/her acceptance of the conditions placed on the approval by signing a notarized "Affidavit of Acceptance" stating that he/she accepts and shall be borind by all of the conditions.

17. Tlie Applicant shall defend, hold harmless and indemnify the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval by the City concerning the live entertainment permit. The City shall promptly notify the Applicant of any filed claim, action or proceeding and shall cooperate fully in the defense of the action. 18, The permittee shall comply with all state statutes, niles and regulations relating to the sale, purchase, display, possession and consumption of alcoholic beverages.

19. The CUP shall, after notice to the permittee and an opportunity to be heard, be sribject to additional conditions to maintain or remedy land use compatibility, security, or crime control issues that have arisen since the issuance of the CUP.

20. A public hearing consistent with Chapter 11.50 (Administration) shall be held for the consideration of a permit revocation. A permit or any associated conditions may be revoked or modified by City Council subject to any of the following grounds:
a. The permit or approval was obtained by fraud.
b. The property is not being used for the prirpose which is the subject of the permit. c. The use for which the approval as granted was granted has ceased or has been suspended for one (l) year or more.
d. The permit or conditions of the approval have been violated; exercised contrary to the terms of approval; or in violation of any statutes, ordinance, law, or regulation. 5 14
Exhibit A
e. The use for which the approval was granted was exercised in a manner detrimental to the priblic health or safety of constitute a priblic nuisance.

21. If the application or any conditions of the CUP violate the Zoning Code or do not fulfill the intent of the Code, City Council shall, following a public hearing, be authorized to take the following actions:
a. Revoke the CUP, revoke and reissue the CUP with new or modified conditions, or modify the conditions of the existing CUP as may be appropriate rinder the circumstances.
b. Impose, as a condition of the continuation, reinstatement, or reissuance of the CUP, a reqriirement that the permittee reimburse the City of all costs and expenses reasonably incurred in investigating, identifying, and documenting the violation, and in processing information concerning the violation for presentation to the City Corincil. c. A CUP shall be revocable if the exercises of right granted by the CUP are discontinued for six (6) consecutive months. The use subject to the CUP may not be resumed if the CUP is revoked; a new CUP, including processing and public notification, shall be required.
6 15

PUBLIC NOTICE

CITY OF SOUTH GATE

CITY COUNCIL
Exhibit B

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of South Gate will hold a public hearing for an amendment to C{JP #23-0030 to include a Live Entertainment Permit.

DATE OF HEARING: Tuesday, June 09, 2024
TIME OF HEARING: 5:30 pi
LOCATION OF HEARING: City Hall Council Chamber, City of South Gate 8650 California Avenue
South Gate, California
PROJECT LOCATION: 9849Atlantic Avenue, Unit H
PROJECT DESCRIPTION: Amendment to Conditional Use Permit (C{JP) No. 23-0030 to allow live entertainment within a proposed banquet hall ("1951") located at 9849 Atlantic Avenue, Unit "H"
ENVIRONMENTAL REVIEW: The City of South Gate has determined that the proposed project qualifies for a categorical exemption under CEQA Guidelines Section 15301, (Class 1) "Existing Facilities", in that the project involves a negligible expansion of (live entertainment) activities allowed within a banquet hall without alterations or expansion to an existing commercial building, and thereby is exempt from CEQA.

INVITATION TO BE HEARD: All interested persons are invited to the public hearing to be heard in favor of or in opposition to the proposed project or to provide comments. In addition, written comments may be submitted to the Community Development Department prior to the hearing. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in this Notice, or in written correspondence delivered to the City of South Gate prior to or at the public hearing.

Those desiring a copy of the staff report or further information related to this project should contact:

Contact:

Phone:

E-mail:

Joshua Valdez, Contract Planner
323-563-9564
j'valdez(a sogate.orq
Mailing Address: Community Development Department
City of South Gate
8650 California Avenue
South Gate, CA 90280-3075

ESPAMOL
Informaci6n en Espafiol acerca de esta junta puede ser obtenida llamando al 323-563-9526 Published: June 25, 2024
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Attachment D
. IIINC
9849 Atlantic Ave STEl 1951
Banquet Hall Noise Impact Study
May 24, 2024
Prepared for:

The Pan Eatery
9849 Atlantic Ave
South Gate, CA, 90280
Prepared by:
innovative noise consulting
Los Angeles, CA
innovativenc.com
/2 21
innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study 1 Executive Summary
The following report provides a noise assessment of the proposed 1951 Banquet Hall venue operations at The Pan Eatery, 9849 Atlantic Avenue, STE I located in South Gate, California. A predidive noise model representing the planned operations for the 1951 Banquet Hall operations was developed and assessed against the permissible noise levels described in the City of South Gate Municipal Code Chapter 11.34:

Noise Control Program Section 11.34.080 Maximum sound levels by noise zone. The following tasks were completed during development of the noise report.

A review of the City of South Gate Municipal Code and applicable noise limits.

Calculation of the Sound Transmission Class (STC) ratings for the development.

A discussion of the noise modeling methodology.

An assessment of the predicted 1951 Banquet Hall operational noise. levels in relation to the City of South Gate Municipal Code.

The site-specific noise model was developed to predict the future noise impact of the proposed 1951 Banquet Hall operations and determine compliance with the City of South Gate Municipal Code permissible sound levels.

The City of South Gate zoning map indicates that the 9849 Atlantic Avenue, STE I development has been assigned a zoning designation of Tweedy Boulevard Specific Plan Area by the City of South Gate. The 1951 Banquet Hall operations will be occurring Monday through Sunday 5:00 p.m. to 12:00 a.m.

Per City of South Gate Municipal Code, the 1951 Banquet Hall operations will be limited to the nighttime noise level limit of 40 dBA at the adjacent residential property lines.

The noise model was constructed to predict noise levels in the surrounding environment due to the 1951 Banquet Hall operations. The results of the 9849 Atlantic Ave, STE 11951 Banquet Hall noise modeling are presented in Table 1-A.

Table 1-A 9849 AtlanticAve, STEI 1951 3anquet Hall Noise Modeliig Results (dBA) Location Land Use Category Sound Pressure Level
City oof South Gate
Nighttime Noise Level
Limit
Receptor 1 Residential 33 40
Receptor 2 Residential 35 40
Receptor 3 Residential 38 40
Receptor 4 Residential 39 40
Receptor 5 Commercial 44 55
The results of the noise modeling indicate that the 9849 Atlantic Ave, STEI 1951 Banquet Hall operational sound pressure levels are predicted to be between 33 dBA and 44 dBA. Therefore, the 9849 Atlantic Ave, STE I 1951 Banquet Hall operations are predicted to comply with the City of South Gate applicable nighttime noise level limit.

Executive Summary
L3 22
innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study

2. Introduction
The following report provides a noise assessment of the proposed 1951 Banquet Hall operations at 9849 Atlantic Avenue, STE I located in South Gate, California. Noise emissions from the 1951 Banquet Hall operations have been assessed in relation to the noise requirements outlined in the City of South Gate Municipal Code. The 1951 Banquet Hall is located (33o56'32.84"N, 1l8o10'56.23"W) northwest of the intersection of Atlantic Avenue and Tweedy Boulevard as shown in Figure 2-A.

To assess the 1951 Banquet Hall operations at 9849 Atlantic Avenue, STE Ilocation, noise level data was based on file data and was utilized in the noise modeling.

The following is provided in this report:
it An introduction to the fundamentals of noise.
it A review of the City of South Gate Municipal Code and applicable noise limits.

Calculation of the Sound Transmission Class (STC) ratings for the banquet hall.

A discussion of the noise modeling methodology.

An assessment of the predicted 1951 Banquet Hall operational noise.levels in relation to the City of South Gate Municipal Code.
d,
1951 Banquet Hall at 9849
Atlantic Avenue, STE I
, ia
el,
Figure 2-A Location of the 1951 Banquet Hall at 9849 Atlantic Avenue, STEI and Surrounding Environment Introduction
/- '7' 23
innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study

3. Noise Fundamentals
Noise is defined as unwanted sound. Noise can be generated by man-made sources, for example traffic and construdion, or natural sources such as thunder and wildlife calls. Excessive noise has the potential to cause negative effects on humans including speech interFerence, hearing damage, emotional and behavioral stress, sleep deprivation as well as increased blood pressure and heart rate. As well as humans, excess noise can negatively affect animals by potentially leading to habitat relocation or loss of habitat, behavioral stress, communication interFerence, hearing loss and lower reproduction rates. The following subsections present the fundamental concepts used commonly in noise analyses.

3.I Sound Pressure Levels and the Decibel Scale
Sound is generated by pressure waves in air that are perceived by the human ear as our sense of hearing.

Changes in air pressure can be used to measure sound, however these air pressure changes can vary, most commonly, in orders of magnitude from 20 micropascals (4Pa) to 200 pascals (Pa). As a more convenient method to measure sound pressure levels and reduce the need to analyze values in several orders of magnitude, these numbers are converted to a logarithmic scale known as the Decibel Scale (dB). Examples of common sound levels are shown in Figure 3-A.

COMMON OUTDOOR

SOUND IEVELS
a
a
W
a
a

COMMON INDOOR
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Figure 3-A Common Outdoor and Indoor Sound Pressure Levels Noise Fundamentals
24 innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study

3.2 Frequency and the A-weighting Scale
The character of sound can often be described as low pitch such as a hum, high pitch such as a shriek or a mixture of low and high sounds. Scientifically, this perception can be described in terms of frequency.

Frequency is measured in Hertz (Hz) and is defined as the number of wave cycles per second. A healthy, young human ear is capable of hearing frequencies between 20 Hertz to 20,000 Hertz. Low frequency sounds such as naturally occurring ocean waves or the sound output of subwoofers, propagate more efficiently though air than higher frequency sounds. This is why at distance, these sources of sound can be heard as a low rumble but up close, higher frequencies are audible.

As the human ear is not equally sensitive to sound levels within the audible frequency spectrum (20- 20kHertz), the A-weighting scale is often applied to measured sound levels. The A-weighting scale was developed to approximate the frequency sensitivity of the human ear. At frequencies up to approximately 1,000 Hertz, the A-weighting scale reduces the sound levels in comparison to the unweighted equivalent.

At frequencies between approximately 1,000 Hertz and 5,000 Hertz, where the human ear is more sensitive, the A-weighting scale increases the otherwise unweighted sound levels. At frequencies below 1,000 Hertz, where the human ear is less sensitive, the A-weighting scale decreases the otherwise unweighted sound levels. When the A-weighting scale has been applied to a decibel level, the unit of measurement is often shown as dBA or dB(A). The graph in Figure 3-B shows the constants that can be applied to the unweighted scale to calculate a sound level in the A-weighting scale. / - - - -"-%
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63 125 250 500 IK 2K 4K 8K 1oK
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Figure 3-B The A-weighting Scale

3.3 Environmental Noise and Relative Loudness
Relative loudness or perceived loudness refers to how loud a sound appears to the human ear. Published data exist describing how humans will respond to changes in loudness. Table 3-A shows to typical responses to changes in relative loudness.

Table 3-A Sound Level Change and Perceived Loudness Perception of Loudness Change in Sound Level
Imperceptible Change 1 dB(A)
Barely Perceptible Change 3 dB(A)
Readily Perceptible Change 5 dB(A)
Twice as Loud 10dB(A)
Four Times as Loud 20 dB(A)
Noise Fundamentals
lu 25
innovative noise consulting 9849 Atlantic Ave, STE I Noise Impad Study

4. Noise Standards

4.1 City of South Gate Municipal Code
The following section presents the regulatory noise standards applicable to the 1951 Banquet Hall at 9849 Atlantic Avenue, STEI. This study provides an assessment of the noise impactin terms of the City of South Gate Municipal Code. The City of South Gate Municipal Code Chapter 11.34: Noise Control Program Section 11.34.080 Maximum sound levels by noise zone states:

11.34.080 Maximum sound levels by noise zone.

A. Noise Zone Standards. Table 11.34-1, Noise Zone Standards, establishes noise-level standards and temporary maximum standards applicable to land use categories by noise zone. No person shall make, cause, or allow noise that exceeds the standards of Table 11.34-1, inclusive of ambient noise.

These standards are inclusive of all noise sources, including ambient noise, animals, equipment, firearms, people gatherings or parties, tools, vehicles, or other noise source resulting in temporary or sustained noise levels in excess of the standards of Table 11.34-1 and Table 11.34-2, Permiteed Temporary Noise Level Increase.

Noise
Zone Land Use Category
Noise Standards
Standard Time Period
I Noise-Sensitive Area 45 dBA Anytime
II
Residential Properties
(in any zone)
50 dBA 7 a.m. to 10
p.m.
40 dBA 10 p.m. to 7
a.m.

Ill Commercial
Properties
55 dBA Anytime
IV Industrial Properties 65 dBA Anytime
The City of South Gate zoning map indicates that the 9849 Atlantic Avenue, STE I development has been assigned a zoning designation of Tweedy Boulevard Specific Plan Area by the City of South Gate. The 1951 Banquet Hall operations will be occurring Monday through Sunday 5:00 p.m. to 12:00 a.m.

Per City of South Gate Municipal Code, the 1951 Banquet Hall operations will be limited to the nighttime noise level limit of 40 dBA at the adjacent residential property lines. The City of South Gate County Zoning Map can be seen in Figure 4-A.

Noise Standards
/1 26
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Figure 4-A City of South Gate Zoning Map and Location of 9849 Atlantic Avenue, STE I 27 innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study

5. 9849 Atlantic Ave, STE 11951 Banquet Hall Sound Transmission Class (STC)
The sound transmission loss data for the 9849 Atlantic Avenue, STE I building components were estimated based on the construction assembly in the building plans provided by The Pan Eatery. The construction assembly and the minimum Sound Transmission Class (STC) of the building components used in the noise model can be seen in Table 5-A. The Transmission loss calculation software Insul version 8.0 was used to calculate the data shown in Table 5-B.

Table 5-A 9849 Atlartic Avenue, STE l- Assembly and Sound Transmission Class (STC) Component Assembly Description
Sound Transmission
Class (STC)
Exterior Wall Masonry 3-1 /2-inch-thick masonry 42
Interior Wall
5/8-inch Type X gypsum board, 20 GA studs 2 x
6 inch steel stud 16 inch o.c, 5/8 inch Type X
gypsum board
40 Ceiling/Roof of Building
Roofing, 1/2-inch plywood CDX, suspended
light steel grid with acoustical ceiling tiles
(ACT)
50 Glass Windows & Doors 1/4-inch thick 31
Interior Door 1-3/4-inch solid core wood 32
Table 5-B 9849 Atlantic Avenue, STE I Component Tran=mission L':iSS (dB) Component 63 Hz 125 Hz 250 Hz 500 Hz I kHZ 2 kHZ 4 kHZ ExteriorWall Masonry 34 38 36 37 44 52 58
Interior Wall 7 23 37 43 49 47 45
Ceiling/Roof of Building 33 33 44 50 54 51 58
Glass Windows & Doors 16 20 24 29 33 28 40
Interior Door 20 24 23 25 34 43 52
9849 Atlantic Ave, STEI 1951 Banquet Hall Sound Transmission Class (STC) l"1 28
innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study

6. 9849 Atlantic Ave, STEI 1951 Banquet Hall Noise Modeling b.l Noise Modeling Methodology
The noise modeling was completed using three-dimensional computer noise modeling software SoundPLAN version 8.2. The calculation method used was international standard 150 9613-2 Attenuation of Sound During Propagation Outdoors. Using this standard, sound pressure levels are calculated based on distance, frequency spectra, topography, air absorption, reflectivity of the ground and shielding by buildings or barriers. The predicted noise levels represent only the contribution of the 1951 Banquet Hall event venue operations and do not include ambient noise or noise from other operations. Actual field sound level measurements may vary from the modeled noise levels due to other noise sources such as traffic, other operations, human activity, or environmental factors.

The noise model was constructed to predict noise levels in the surrounding environment due to the banquet hall operations. The noise modeling is based on the loudest operating conditions, it was assumed conservatively, that all speakers were operating simultaneously. Sound level data utilized in the noise model is based on measured data of a similar entertainment venue.

The quantity, locations, and orientation of the speaker equipment is based on the building plans and descriptions provided given by The Pan Eatery. Two speakers were placed 4 feet off the floor in the venue stage area with the speakers facing south. All doors of the venue were modeled closed with no openings or gaps. The quantity, sound pressure level, and sound power level of the speaker equipment used in the noise modeling can be seen in Table 6-A.

Table 6-A Major Noise Emitting Speaker Equipment, Sound Pressure Level, and Sound Power Levels (dBA) Equipment Quantity
Individual
Component Sound
Pressure Level at 5
feet (dBA)
Sound Power Level
(dBA)
Banquet Hall
Speakers
2 78 85
Using this data, a noise model was created to predict the constant, steady-state noise levels in the surrounding environment. The location of speakers can be seen in Figure 6-A. The predictive modeling results are dependent on the 1951 Banquet Hall speaker quantity,layout, and orientation. 9849 Atlantic Ave, STE l1951 Banquet Hall Noise Modeling 'lo 29
tnnovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study Lb
9849 Atlantic Ave, STE l 1-951 Banquet Hall Noise Modeling 30 innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study

6.2 Noise Sensitive Receptors
Per the City of South Gate Municipal Code, the noise sensitive receptors should be placed at the residential property lines adjacent to the 9849 Atlantic Ave, STE I development. The modeled locations of the receptors and 1951 Banquet Hall can be seen in Figure 6-B. The 9849 Atlantic Ave, STE I building is adjacent to residential property lines on the west and north side. Therefore, the receptors were placed 5 feet from the exterior of the 9849 Atlantic Ave, STE I building.

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Figure 6-B Noise Sensitive Receptor Locations
9849 Atlantic Ave, STE l1951 Banquet Hall Noise Modeling 21 31
innovative noise consulting 9849 Atlantic Ave, STE I Noise Impad Study

6.3 Noise Modeling Results
The results of the 9849 Atlantic Ave, STEI 1951 Banquet Hall noise modeling are presented in Table 6-B.

The locations in the table correspond to the locations identified in Figure 6-B. The predicted noise levels represent only the contribution of the event venue operations and do not include ambient noise or noise from other operations. Adual field sound level measurements may vary from the modeled noise levels due to other noise sources such as traffic, other operations, human activity, or environmental factors. The A-weighting is applied to instrument-measured sound levels to account for the relative loudness perceived by the human ear at varying frequencies and is widely utilized for environmental noise measurements.

Table 6-B 9849 Atlantic Ave, STE 11951 3anquet Hall Noise Modeli"ig Results (dBA) Location Land Use Category Sound Pressure Level
City oof South Gate
Nighttime Noise Level
Limit
Receptor 1 Residential 33 40
Receptor 2 Residential 35 40
Receptor 3 Residential 38 40
Receptor 4 Residential 39 40
Receptor 5 Commercial 44 55
The results of the noise modeling indicate that the 9849 Atlantic Ave, STEl 1951 Banquet Hall operational sound pressure levels are predicted to be between 33 dBA and 44 dBA. Therefore, the 1951 Banquet Hal operations are predicted to comply with the City of South Gate applicable nighttime noise level limit of 40 dBA. The results of the 9849 Atlantic Ave, STEI 1951 Banquet Hall noise modeling are also presented as a noise contour map in Figure 6-C. The noise contours are provided in 1 dB increments with the color scale indicating the sound level of each contour and represent only the contribution of the banquet ha operations.

Furthermore, to avoid noise complaints, a hardware or software volume limiter may be installed to ensure that the code is met during hours of operations, and to be mindful of neighboring residences. The sound pressure level at 5 feet from the speakers should be limited to 78 dBA during nighttime hours of operation to ensure compliance with the code.
9849 Atlantic Ave, STEI 1951 Banquet Hall Noise Modeling 23 32
innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study R4 - 39
R3 - 38
l
R2 - 35
RI - 33
Figure 6-C 9849 Atlantic Ave, STE l1951 Banquet Hall Noise Contour Map (dBA) Noise Level, dBA
< 22
22 - 23
23 - 24
24 - 25
25 - 26
26 - 27
27 - 28
28 - 29
29 - 30
30 - 31
31 - 32
32 - 33
33 - 34
34 - 35
35 - 36
36 37
37 - 38
38 - 39
39 - 40
>= 40
Scale
70 9849 Atlantic Ave, STE l1951 Banquet Hall Noise Modeling 33 innovative noise consulting 9849 Atlantic Ave, STE I Noise Impact Study

7. Conclusion
A predictive noise model representing the planned operations for the 9849 Atlantic Ave, STE I 1951 Banquet Hall was developed and assessed against the permissible sound levels described in the City of South Gate Municipal Code noise standards. The results of the noise modeling are presented in Table 7-A.

Table 7-A 9849 Atlantic Ave, STE l1951 3anquet Hall Noise Modeling Results (dBA) Location Land Use Category Sound Pressure Level
City oof South Gate
Nighttime Noise Level
Limit
Receptor 1 Residential 33 40
Receptor 2 Residential 35 40
Receptor 3 Residential 38 40
Receptor 4 Residential 39 40
Receptor 5 Commercial 44 55
The results of the noise modeling indicate that the 9849 Atlantic Ave, STEl 1951 Banquet Hall operationa sound pressure levels were predicted to be between 33 dBA and 44 dBA. Therefore, the 9849 Atlantic Ave, STE 11951 Banquet Hall operations were predicted to comply with the City of South Gate applicable nighttime noise level limits.

Conclusion
25 34
Item No. 2
IU l : I ) -)j)7"
Ciffl of South Gate

CITY COUNCIL
A(SENDA IEJTJ[,Jl,,
DepartmentDirector:

For the Regular Meeting ofi July 9, 2024
Origr7ting ffiment: Public Works,/'jJt(}q cityvanager:,A'Arturo Cervantes ob Hou'ston SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND

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

CONTRACTING PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND

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

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

FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $30.5 million in grant and other funds for design, construction, operations, and maintenance, as summarized below.

ANALYSIS:

The Project was under construction and approximately 90% of construction work has been completed. On December 29, 2022, the City received a Corrective Action Order ("Order") from the County. The Order required the City to stop all construction activities until such a time as a Post Closure Land Use Plan ("PCLUP") for the Project site was approved by the County. Given the PCLUP approval process and input received to date, it will take at least several months, possibly six or more, to obtain approval.
l
35 To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City Council ten'ninated the general contractor's agreement at a Special City Council meeting on February 6, 2023. Such teri'nination provided both iini'nediate and long-teim cost savings to the City but also created an immediate need for the City to retain an interim contractor to perfoim certain ongoing maintenance and safety activities; a need wliich must be met sooner than the time necessary to engage in normal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to tlie public's safety witli an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff are recoinmending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (1) declares an emergency, (2) authorizes the City Manager to take such actions deemed necessary to cause the maintenance activities to be perfon'ned and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly sclieduled City Council Meeting, the City Manager present to the Council the reasons justifying why the emergency will not pen'nit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action until the emergency action is terminated.

The City is working diligently to secure the PCLUP approval. Since the original Resolution declaring an emergency was approved by the City Council on February 6, 2023, the following contracts, expenditures, and milestones have been undertaken:

1. NR Development Inc., was infori'ned that Contract No. 2021-66-CC was terminated by the City Council effective February 13, 2023, except for maintenance activities. As of February 16, 2023, NR Development Inc., is no longer providing any project services or maintenance activities, with the exception of those required in the settlement agreement.

2. Approved a funding increase for TPL in the amount of $50,000. On January 24, 2023, the City Council approved a $250,000 budget for Amendment No. 6 to Contract No. 3352 with TPL; however, Ainendment No. 6 had a budget requirement of $300,000. A budget increase of $50,000 was administratively approved to align the amount of the budget authority with the $300,000 budget requirement for Amendment No. 6, which provides funding for the technical services required to comply with requirements from the LEA.
2 36

3. The LEA has approved tlie Suininary of Investigations Repoit, Workplan of Interim Control Measures ("WICM"), Supplemental WICM and Phase II Workplan. Tlie WICM safety measures were completed May of 2023.

4. The City coordinated with the Trust for Public Land ("TPL") to procure a replacement contractor: LA Engineering to complete the construction of maintenance activities in the WICM approved by the LEA for the Urban Orchard Project. A construction contract in the amount of $2,919,248 was executed administratively under the authority granted by the subject resolution (Contract No. 2023-93-CC). Work was completed as of April 2024, including the following: backfill of overflow structure at the south wetland, north wetland slope stabilization, backfill of the reservoir, installation of three vaults adjacent to the Bandini Channel, construction of the easement road, electrical on site lighting.

5. Methane gas monitoring was completed in December 2023 and low traces of methane were detected at one probe; however, the amount is below regulatory requirements.

6. The LEA approved the Report of Finding of the Phase II Work Plan, with contingencies. The preparation of the Post Closure Land Use Plan (PCLUP) has been completed and submitted to the County.

7. A contract was awarded to Executive Management Security Inc., in the amount of $214,995 to continue the security services on the Urban Orchard Project until June 30, 2024.

8. NR Development, Inc. completed importing 9,300 cubic yards of clean soil and storing it on the UWS property.

9. A contract with W.A. Rasic in the amount of $141,985 for soil maintenance and management is in the process of being administratively approved, which was needed to oversee the import of 9,300 cubic yards of soil.

10. Amendment No. 7 to Contract No. 3352 with the Trust for Public Land was approved administratively in the amount of $522,072. The scope of service includes, (a) Program Management, (b) design services to revise the design plans to rebid construction, (c) construction support, (d) additional methane monitoring required by Los Angeles County Department of Public Health Solid Waste Division, (e) preparing the Post Closure Land Use Plan required by Los Angeles County Department of Public Health Solid Waste Division, and (f) extending the contract teri'n to December 31, 2024.

11. The revised design and construction plans have been submitted to the Department of Public Works for review.

BACKGROUND: The Project is a part of the FY 2022/23 Capital Ii'nprovement Program. The Project is located between the Los Angeles River, Firestone Boulevard, the Thunderbird Villa Mobile Home Park, and the I-710 Freeway. The two primary purposes of the Project are to divert 3 37
and treat ston'n water run-off from the Los Angeles River and to install a new park to provide iiverfront recreational opportunities.

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

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

Construction is currently at the 90% completion stage. Improvements that have been substantially completed include, but are not limited to, rough grading, drop inlet for storm water diversion structures in the Bandini Channel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restrooin/maintenance building, two shade structures, a water element at the playground, installation of multi-use walking and bicycle patliways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, and pathway lighting. Construction of the project will resume after the County approves the CPLUP.

The Project has received the listed grants.

Grants Amount Grant Recipient
State Water Resource Control Board (Prop 1) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000
LOS Angeles County Flood Control District $530,000
Safe Clean Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Caltrans $5,000,000
Rivers and Mountains Conservancy Funds $4,404,798 TPL Private Donations $90,000
Total $30,506,161
4 38
ATTACHMENT: Proposed Resolution
GD:lc
5 39
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, ST ATE OF CALIFORNIA, DECLARING AN EMERGENCY STILL

EXISTS AND AUTHORIZING REPAIR, REPLACEMENT OR

MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO

THE URBAN ORCHARD PROJECT WITHOUT PUBLIC BIDDING,

PURSUANT TO THE EMERGENCY CONTRACTING PROCEDURES OF

THE SOUTH GATE MUNICIPAL CODE AND THE CALIFORNIA

PUBLIC CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; WHEREAS, construction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete;
WHEREAS, the City has received notice from the Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City itnmediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order");
WHEREAS, the City has terminated its construction agreement with the contractor; WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities") as well as complete the improvements approved by the County under the Workplan for interim measures; WHEREAS, at a special meeting of the South Gate City Council ("Council") held on Monday, February 6, 2023, the Council received information provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the iinmediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids; and
Page l of 3
40 WHEREAS, the City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved and its construction is substantially complete; a Summary of Site Investigation has been completed; the final report has been submitted to the County and comments have been received; and construction plans to procure a new construction contract are being prepared.

NOW, THEREFORE, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL

OF THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKES THE FOLLOWING FINDINGS:

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

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

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

4. The City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved; a Sumi'nary of Site Investigation has been completed; and the final report has been submitted to the County.

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

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

SECTION 2: Pursuant to the authority granted by South Gate Municipal Code § l.54.470 and California Public Contract Code § 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and without regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.

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

SECTION 4. At each such regularly scheduled meeting until the emergency action is terminated, the Council shall review the emergency action to determine, by a four-fifth's vote, that there is a Page2of3
41 need to continue the emergency action.

SECTION 5. Tlie Council shall ten'ninate the emergency action at the earliest possible date that conditions warrant, so that the remainder ofthe construction activities may be completed by giving notice for bids to let contracts.

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

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

PASSED, APPROVED and ADOPTED this 9fh day of July 2024.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
t"
4%
By:

F. Salinas, City Attorney

Page 3 of 3 ends

42 " ' ai :'i it' ( i i i Item No. 3
j l i j ; < l.')2'
City of South Gate

CITY COUNCIL
AGENDA BT[LL
Departmeid Director:

For the Regular Meeting ofi July 9, 2024
artment: Public Works
o Cervantes
SUBJECT: AMENDMENT N0. 4 TO CONTRACT N0. 2022-77-CC WITH Z&K CONSULTANTS, INC., FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE HOLLYDAI,E COMMUNITY PARK RENOVATION PROJECT, CITY PROJECT N0. 607-PRK
PURPOSE: To approve Ai'nendment No. 4 to Contract No. 2022-77-CC ("Amendment No. 4") with Z&K Consultants, Inc., ("Z&K") for additional construction management and inspection services througl'i construction completion planned in January 2025.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 4 to Contract No. 2022-77-CC with Z&K Consultants, Inc., ("Agreement") to provide additional construction management and inspection services for the Hollydale Community Park Renovation, City Project No. 607-PRK, at a not to exceed cost of $180,570;
b. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney; and
c. Authorizing the City Manager to approve and execute subsequent amendments for a cumulative amount of $100,000, to streamline approval of additional services should they be needed.

FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. 4 to the Agreement is in the amount of $180,570 and it will be funded with Rendon Regional Funds budgeted in the Fiscal Year 2022/23 Capital Improvement Program, as summarized below:

Prop A Rendon Regional Total Budget
Construction Management $35,049 $403,790 $438,839
Atnendment No. l $70,000 $4,064 $74,064
Amendment No. 2 $74,816 $74,816
Amendment No. 3 $43,414 $43,414
Amendment No. 4 $180,570 $180,570
Total Contract Amount $105,049 $706,654 $811,703
ANALYSIS: The City entered into Contract No. 2022-77-CC, with NR Development for the 1 43
construction of the Hollydale Coini'nunity Park Renovation Project. On April 9, 2024, the City Council declared NR Development to be in default of the contract and terminated it. Accordingly, the Department of Public Works filed a claim with Great American Insurance Co., the company that issued the perfon'nance bond provided by NR Development (Surety). On June 5, 2024, the surety company provided the City witli a plan to resume construction with a completion schedule of four months. Constniction management and inspection services will be needed through construction completion. This is beyond the services provided for in Contract No. 2022-77-CC.

Amendment No. 4 to the Agreement in the amount of $180,570 provides services through construction completion, anticipated in January 2025. Services include construction administration, construction management, inspections, labor compliance, materials testing, utility coordination and Project closeout.

Several amendments have been processed with Z&K for additional services for a total of $192,294.

Amendment No. 4 has an additional cost of $180,570 which is the result of NR Development's inability to complete construction. Cost recovery for these additional services is ongoing. To date, the Department of Public Works has assessed $118,000 in liquidated damages against the contract.

Staff is now in contact with the surety company to request funding to maximize reimbursement of additional costs.

BACKGROUND: The Project is budgeted in the Fiscal Year 2023/24 Capital h'nprovement Program to renovate Hollydale Coi'nu'nunity Park. The improvements include a 1,700 square-foot building, ston'n water chambers, playground, synthetic turf, sand and water play area, basketball court shade structures, a new irrigation system, decomposed granite, park bench and picnic tables, permeable pavers, concrete flat work, and other miscellaneous park amenities. Construction of the Project began on November 2, 2022, and is planned for completion in January 2025.

On September 13, 2022, the City Council approved the Agreement with Z&K in the amount of $438,839 for construction management services. The contract was amended several times to provide additional services through construction completion. Amendment No. I in the amount of $74,064 was exhausted on October 31, 2023,, Amendment No. 2 in the amount of $74,816 was exhausted on December 31, 2023; and Ainendment No. 3 in the amount of $43,414 was exhausted in June 2024. Amendment No. 4 provides funding for additional services through construction completion.

The construction schedule is still uncertain; however, construction will likely begin the last quarter of this fiscal year and be completed in three to four months.

ATTACHMENTS: A. Proposed Ai'nendment No. 4 (including Exhibit A) B, Amendment Nos. 1, 2 and 3
C. Contract No. 2022-77-CC
ES:lc
2 44
Attachment A
Amendment No. 4 to
Contract No. 2022-77-CC
AMENDMENT NO. 4 TO CONTRACT N0. 2022-77-CC FOR ADDITIONAL

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE

HOLLYDALE COMMUNITY PARK RENOV ATION PROJECT, CITY PROJECT N0. 607-PRK BETWEEN THE CITY OF SOUTH GATE AND Z&K CONSULTANTS, INC.

This Amendment No. 4 to Contract No. 2022-77-CC ("Amendment No. 4") for additional Construction Management and Inspection Services for the Hollydale Community Park Renovation Project ("Agreement"), is made and entered into on July 9, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Z&K Consultants, Inc. ("Z&K"), a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECITALS
WHEREAS, on September 13, 2022, the City Council approved the Agreement for a one year and three-month term through and including December 31, 2023, in the amount of Four Hundred Thirty-Eight Thousand Eight Hundred Thirty-Nine Dollars ($438,839); WHEREAS, on August 8, 2023, the City Council approved Aanendment No. 1 with Contractor to provide additional construction management and inspection services, in an amount not to exceed Seventy-Four Thousand Sixty-Four Dollars and Twenty-Five Cents ($74,064.25); WHEREAS, on November 28, 2023, the City Council approved Amendment No. 2 with Contractor to provide additional construction management and inspection services, in an amount not to exceed Seventy-Four Thousand Eight Hundred Sixteen Dollars ($74,816.00); WHEREAS, on January 23, 2024, the City Council approved Amendment No. 3 with Contractor to provide additional funds needed to provide construction management and inspection services, in an amount not to exceed Forty-Three Thousand Four Hundred Fourteen Dollars ($43,414);
WHEREAS, the City and Contractor desire to execute Amendment No. 4 for additional compensation in an amount not to exceed One Hundred Eighty Thousand Five Hundred Seventy Dollars ($180,570), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Ai'nendment No. 2, Amendment No. 3, and Ai'nendment No. 4 to a total sum of Eight Hundred Eleven Thousand Seven Hundred Three Dollars ($811,703).

NOW, THEREFORE, the parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT

1.1 SCOPE OF WORK. City hereby engages Consultant, and Consultant accepts such Page l of 3
45 Amendment No. 4 to
Contract No. 2022-77-CC
engagement, to perfon'n the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and make part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.

1.2 COMPENSATION. The additional compensation in Amendment No. 4 to be paid by City to Contractor for the work identified in Exhibit "A" shall not exceed One Hundred Eighty Thousand Five Hundred Seventy Dollars ($180,570), which is necessary to continue constniction management and inspections services through construction completion planned for November/December 2024.

1.3 TERM.

This Agreement is effective as of July 9, 2024, and will remain in effect until June 30, 2025, or until project completion to provide tiine forproject closeout by the City, or unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.

2. EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other ten'ns and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section l above. Furtheri'nore, City reserves the right to augi'nent or reduce the scope of work as City deems necessary.
[Remainder of page left blank intentionally]

Page 2 of 3 ends

46 Ai'nendment No. 4 to
Contract No. 2022-77-CC
IN WITNESS WHEREOF, the Parties hereto have caused this AmendmentNo. 4 to be executed and attested by their respective officers hereunto duly authoiized.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
Dated:

ATTEST:

B)7:

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

BY:

Raul F. Salinas, City Attorney Z&K CONSULTANTS, INC.

B7:

Crystal Fraire, President
Dated:

Page 3 of 3 ends

47 Exhibit A
$CONSULT ANTS

BUILDING SOLUTIONS
Via e-mail
June 6, 2024
Elias Saikaly, PE, Project Manager
City of South Gate
8650 California Avenue, South Gate, CA 90280
Subject: Z&K Consultants, Inc. Cost Proposal for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK Dear Mr. Saikaly,
The City of South Gate has requested for Z&K Consultants, Inc. to provide a cost proposal for Construction Mangaement and Inspection services for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK. This cost proposal is to continue services for a period of four (4) months, starting in August 2024. Z&K Consultants' cost proposal is in the amount of $180,570.00.

Below is a summary of our current contract
! pj I
*
J 2i Thfi J..I!i I ii ffi I <4 q i I .il I
! ! ! ill I il,.%a J &d ! ffl j ffla ffl &
Description Amount Total
Original Contract $438,839.00 $438,839.00
Amendment No. 1 $7 4,064.00 $512,903.00
Amendment No. 2 $74,816.00 $587,719.00
Amendment No. 3 $43,414.00 $631,133.00
Total $631,133.00
Below is a summary to provide Construction Management and Inspection Services for the construction of the City of South Gate Hollydale Community Park Improvement Project. pi ! 7 s
ii a aa a a r 'l! a a a a !
J:I ni >S Ei I ;< ) -i 1 I Ft
l!I,f I
e
r;i4!,j1'iII
t
II f $ ffl i z s I I I
l'
T
(
rj
I 1 J iH
Construction
Manager
(Hrs)
Senior
Construction
Inspector
(Hrs)
Fioje-ct
Manager/
Office
Engineer
(Hrs)
Labor
Compliance
(Hrs)
Total
Hourly Rate $157.00 $140.00 $130.00 $130.00
Pre-
Construction
Services'
80 40 40 o $23,360.00
Construction
Phase2 170 680 170 36 $148,670.00
Project Close-
Out 20 20 20 o $8,540.00
Total Hours 270 740 230 36
Total Cost $42,390.00 $103,600.00 $29,900.00 $4,680.00 $180,570.00

1. Pre-Construction Phase: Z&K wiil accrue cost to review Work Plan and other services from the Surety. These services are assumed to be for the months of June, July and August using mostly CM services only with partial use of the inspector (to obtain information to surety). 3 949-637-5040 [email protected] gwww.zandkconsultants.com 48 $CONSULT ANTS

BUILDING SOLUTIONS

2. Construction Phase: Z&K will provide standard services from August through November 2024.

This cost includes 2 hours a day for the Construction Manager (increasing hours as needed) and full-time (8 hours a day) for the construction Inspector.

The cost proposal assumes a full-time inspector, a Construction Manager for 2 hours a day, PM/Office Engineer for 2 hours a day, and 2 hours a week for labor compliance. These hours will be adjusted as-needed by the project activities and completion.

Please feel free to reach out if you have any questions or need additional information. We look forward to the successful completion of the City's project.

Sincerely,
Crystal Fraire, PE
President l Z&K Consultants, Inc.
[email protected] (951) 310-7470
3 949-637-5040 [email protected] gwww.zandkconsultants.com 49 Attachment B
Amendme,nt No. 3 to
Contract No. 2022-77-CC
AMENDMINT N0. 3 TO CONTRACTNO 2022-77.CC FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION 8ERVICES FOR

THE HOLLYDAI,E COMMUNITY PARI( RENOVATION PROJECT, CITY PROJECT NO. 607-PR?( BETWEEN THE CITY OF SOUTH GATE AND Z&K CONSULT ANT8, INC.

This Atnendment No. 3 to Contract No, 2022-77-CC for additional Construction Mat'iagement and Inspectiot'i Services for the Hollydale Comimtnity ParkRenovationProject, City Project No. 607-PRI( ("Amendment No, 3"), is made and entered into on January 23, 2024, by and between tlie City of South Gate, a m'i'inicipal corporation ("City"), and Z&K Consultants, IIIO, ("Z&K"), a California corporation ("Conttactor'>), City and Contractor are sometimes hereinafter individually referred to as a "Party" tund coliectively as "Parties." RECITAL8
WW,RF,AS, on September 13, 2022, the Ctty Council approved Contract No, 2022-77- CC with Contractor ("Agreement") for Construction Management and Inspection Services for a one year aitd three-inonth term through and including December 31, 2023, in the amount of Four Hundred Thirty-Eiglit Thousand Eight Hundred Thirty-Nine Dollars ($438,839); WHEREAS, on At'igust 8, 2023, the City Council approved Antcndment No. l with Contractor ("Amend.inent No, ]"), to provide additiorial furxds needed to provide construction mBnagementand inspectionset'vices kougl'i aconstruction completionscheduleof September 30, 2023, in an amount not to exceed Seventy-Four Thousarid Sixty-Four Dollars ($74,064); WHEREA8, on November 28, 2023, the City Council approved Amendment No, 2 witl':i Contractor ("Arnendtnent No. 2"), to provide additional futtds needed to provide construction management and inspectionservices through a constructioncompletion schedule ofDecember 30, 2023, in an amoui'it not to exceed Seventy-Four Thousand Eight Hundred Sixteen.Dollarg ($74,816); and
WHEREAS, the City and Contractor desire to execute Ameridment No. 3 for additiorial cornpensatiori in an atriount not to exceed Forty-Three Thousand Four Hundred Fourteen Donaias ($43,414), for services jdentified In Exh'ibit "A" attached hereto, under the terms arid conditiotrsoftbeAgreement,bringingtbeaggregatetota)oftbeAgreement,AmendmentNo. 1, Ainendment No. 2 and Amendment No, 3 to Six Hundred Thirty-One Thousand One Hundred Thirty-Three Dollars ($631,133),
NOW, THEREFOR, the parties hereby agree as follows:

L MODIFICATION TO AGREEMENT

1.1 SCOPE OF WORK. City hereby engages Constiltant, and Consultant accepts such engagement, to perform tlie servtces set fotlli in the Scope of Services us

Page 1 of 3 ends

50 Amendment No, 3 to
Collhaact No. 2022-77-CC
described in Exhibit "A" attached liereto and iriade part of this Agreement, The Scope of Services may be mtttually amended from time to time by botli Paities iri writing.

1.2 COMPENSATION, The additional compensation in AmerxdmentNo, 3 to be paid by City to Contractor forthe woi:k identified inBxhibit"A" sliallnot exceed Forty- Tliree Tliousand Foxir Hundred Fourteen Dollars ($43,414), which is riecessary to contiriue construction management and inspections services through constructioncompletion plamedforDecember 2023, 1,3 TERM OF AGREEMENT. This Agreement is effective as of January 23, 2024, and will remain in effect until Marcl'i 31, 2024, or uiitil project completion, to pcovide titne for project closeorit by the City, or tnless otherwise expressly extended aiid agreed to by botli Parties in writing or terminated by either Party as provided lierein,

2. EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreemetit as extended by 8ection 1 above, Furthermore, City reserves the right to augn'ient ot reduce the scope of work as City deems necessaiy.
[Remainder of page left blank intentionauy.]

Page 2 of 3 ends

51 Amendment No. 3 to
Contract No. 2022-77-CC
IN WITNESS WHEREOF, tlie Paities l'iereto liave caused this Amendinent No. 3 to be executed and attested by t)ieir respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

By: )A-i
Gil Huitado, Mayor
Dated: i/ii/zyo
ATTEST:

BY:

APPROVED AS TO FORM:
ul F. Salinas, City Attorney
Z&K CONSULT/kNTS, INC.
'C'rystal ['mfv, Presidcnt
Page3of3
52 EXHIBIT A
$CONSULTANTS

BUILDING SOLUTIONS
Via e-mailDecember 20, 2023
Elias Saikaly, PE, Project Manager
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Z&K Consultants, Inc. Amendment Request for the City of South Gate HollydaleCommunity Park Improvement Project, City Project No. 607-PRK Dear Mr. Saika)y,
Z&K Consultants, Inc. Is requesting an amendment for the City of South Gate HollydaleCommunity Park Improvement Projsct, City Project N0. 007-PRK in the amount of $43,414.00.

Our original fee proposa) in the amount of $438,839.00 was based on 205 working days and thescope or services as outlined in the RFP. The project will extend to the end of January. (63additional working days). This amendment Is for Construction Management and InspectionServices to extend into January. at
ffi i!' T.i P!. l AF I
i
,I
Inmi Ji;' llij!'F1l 1iII ITri i'1' r i- li
I II * ifm1f JlIIi4I I li I I r Hri114:l rir='T i
Resident
Engineer
(Hrs)
Sr Co'istrut:tion
Inspector
(Hrs)
=MiOffice
Engineer
(Hrs)
Labor
Compliance
(Hrs) Total
Hourly Rate $al57.00 $-140.00 $130.00 $130.00
January 44 176 44 11 $38,698.00
Proiect Closeout 8 8 16 2 $4,716.00
Total Hours 52 184 60 13 309
Total Cosi $8,164.00 $25,760.00 $7,800.00 11,690.00 $43,414.00 The above assumes a full-time inspector January 31a', a Resident Engineer for 2 hours a day,PM/Office Engineer for 2 hours a day, and 2 hours a week for labor compliance.

Please feel free to reach out if you have any questions or need additional information. We 100kforward to the successful completion of the City's project.

Sincerely,
cfw
Crystal Fralre, PE
Presidentl Z&K Consultants, Inc.
[email protected] 95l.3alO-7470
0 949-637-5040 [email protected] 8www.zandkconsultants.com 53 Amendment No. 2 to
Contract No, 2022-77-CC
AMENDMENT N0. 2 TO CONTRACT NO zozx-"it-cc FOR
ADD{TIONAL CONSTRUCTION MANAGEMENT AND INSPECTION
8ERVICE8 FOR THE HOLLYDALE COMMUNJTY PARK
RENOVATION PROJECT, CITY PROJECT N0. 607-PRK BETWEEN
THE CITY OF SOUTH GATE AND Z&K CONSULT ANTS, INC.

This Amendment No, 2 to Contract No, 2022-77-CC for additional Construction Management arid Inspection Services for the Hollydale Community Park Renovation Project ("Amendment No. 2rt)i is made and entered into On November 28, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Z&K Consuftants+ Inc, ("Z&K")) a California corporation ("Contractor"), City aad Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." RECffALS
WHEREAS, on Septemberl3, 2022, the City Council approved Contract No. 2022-77- CC w"th Contractor ("Agreement") for Construction Management and Inspection Services for a one year and three-month term through and including December 31, 2023, in the amount of' Four Hundred Thirty-Eight Thousaxid Eight Hundred 'Thirty-Nine Dollars ($438,839); WHEREAS, on August 8, 2023, the City Council approved Amendment No. 1 mth Contractor ("Amendment No. 1"), to provide additional funds needed to ptovide congtmction management an4 inspection services through a coos(ruction completion schedule of October 26, 2023, in an an'iount not to exceed Seventy-Four Thousand Sixty-Four Dollars and Twenty-Five Cents ($74,064,25);
WHEREAS, the City and Contractor desire to execute Amendment No. 2 for additional compensation in an amount not to exceed Seventy-Four Thousand Eight Hundred Sixteen Dollars ($74,816), for services identified in Exlxibit "A" attached hereto, under the terms and condi(tons of the Agreement, bringing the aggregate total of the Agteement, Amendment No, 1, and Amendment No. 2 to a total sum of Fjve Hundred Eighty-Seven Thousand Seven Hundred Nineteen Douars ($587,719),
NOW, THEREFOR, the parties hereby agree as follows:

1. MODIFICATIONTOAGREF,MENT.

1.1 COMPENSATION.

The addittonal compensatton in Arnendrnerxt No, 2 to be paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Seventy-Four Thousand Eight Hundred Sixteen Dollars ($74,816), which is necessary to continue construction management and inspections services through construction compaction planned for December 2023.

Page 1 ends

54 Anicndmcnl No, 2 to
Contract No. 2022-7'/-CC

1.2 'I'F,RM
Tliis %rccment is cffcctivc tis of Novcmlicr 28, 2023, and will remain in cfI'ect i'intil ?sbrcli 31, 2024, or until project coinplction to provide time for project closcout lift tlic City, or unless otlicrwise cxprcssly extended arid agreed to by botli l)ailies in writing, or terininated by either Party as provided herciri, 2, EFFECT OF AMENDMEN'l'S.

Except ns expressly amended liercin, all other terms and conditions or %reement shall rcillaill iil f'till l'orce and effect, WitllOut limtting tile Uenerality Of the i'oregoing, Agreement s)ia(l rcmulri uncliangcd during the term of Agreement as extended by Section labovc, Furlliermorc, City reserves the right to augment or reduce the scope of workas City deems nccessaty,
IN WITNESS WHEREOF, tlic Parties Jicreto lu'ive caused 'this Amendment No, 2 to be executed and attested by their rcspcctive officers hercunto duly authorized, ATTEST!
B7:

Y odi City Clerk
SEAI,)
Al)1)ROVE12 AS TO IIORM:

BY:

CITY OF 80UTtl GATEi
oatei 7z,7ffa7 Z62.2
Z&K CON8ULTANTS, INC.

Crystal Frnirc, 'l'Fesidcnt
PiiBc 2 or2
55 coxsut.raxars

BUILDING SOLUTIONS
November 2, 2023
Elias Saikaly, PE, Project Manager
City of South Gate
8650 California Avenue
South Gate, CA 90280
Via e-mail
Subject: Z&K Consultants, Inc. Amendment Request for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK Dear Mr. Saikaly,
Z&K Consuftants, Inc. is requesting an amendment for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK in the amount of $74,816.00.

Our original fee proposal in the amount of $438,839.00 was based on 205 working days and the scope of services as outlined in the RFP. The project will extend to November and December (4"l additional working days). This amendment is for Construction Management and Inspection Servk,es to extend into November and December.
s inifl r i!#'i Th I I I I I 11 i) @S
II1l jh'
ml II I Fr l Yl 1. i k 'i I 1 li1 81 I J l' ) I I
I 'lil <il 1! 1 lik 1 laI k aii 9 a zl (
i I 'iaT'-I
8esident
Engineer
(Hrs)
Sr Construction
Inspector
(Hrs)
)MiOffice
Engineer
(Hrs)
Labor
Compliance
(Hrs) Total
Hourly Rate $157.00 $140,00 $'l30.00 $130.00
November 40 160 40 10 $35,180.00
December 40 160 40 10 $35,180.00
Project Closeout 8 8 16 o $4,456.00
Total Hours 88 328 96 20 532
Total Cost 5$13,81 6.00 $45,920.00 $12,480.00 $2,600.00 $74,816.00 The above assumes a full-time inspector for November and until December 3"lS', a Resident Engineer for 2 hours a day, PM/O'ffice Engineer for 2 hours a day, and 2 hours a week for labor compliance.

Please feel free to reach out if you have any questions or need additional information. We look forward to the success'ful completion of the City's project.

Sincerely,
C;43Jy
Crystal Fraire, PE
President Z&K Consultants, Inc.
[email protected]
56 Amendment No. I to
Contract No. 2022-77-CC
AMENDMENT NO. l TO CONTR.=lCT NO 2022-77-CC FOR

ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE HOLLYDALE COMMUNITY PARK PROJECT

BETWEEN THE CITY OF SOUTH GATE AND
Z&K CONSULT ANTS, INC.

Tliis Ainendment No. l to Contract No. 2022-77-CC for additional Construction Management and Inspection Services for the Hollydale Community Park Project ("Amcndment No. l "), is inade and entered into on August 8, 2023, by and between tlie City of Soutli Gate, a municipal corporation ("City"), and Z&K Consultants, Inc. ("Z&K"), a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collcctivcly as "Parties."

RECIT ALS
'rVHEREAS, on September 13, 2022, the City Council aliproved Contract No. 2022-77- CC witli Coi'itractor ("Agreement ") for Construction Managetnent and Inspection Services for a one year and three months term tlirough and including December 31, 2023, in the amount of Four Hundred Tliirty Eight Thousand Eight Hundred Thirty Nine Dollars ($438,839); WHEREAS, tlie City and Contractor desire to execute Amendment No. l for additional compensation in an amount not to exceed Seventy Four Tliousand Sixty Four Dollars and Twenty Five Ccnts ($74,064.25), for services identified in Exhibit "A" attached hereto, undcr the teims and conditions of tlie Agreement, bringing the aggregate total of the Agt'eement, and Amendment No. 1, to a total sum of Five Hundred Twelve Thousand Nine Hundred Three Dollars and Twenty Five Cents ($512,903.25).

NmV, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLmVS:

1. COMPENSATION.

Tl'ie additiona) compensation in Amendment No. l to be paid by City to Contractor for the work identified in Exhibit "A" sliall not exceed Seventy Four Thousand Sixty Four Dollars and Twenty Five Cents ($74,064.25).

2. EFFECT OF AMENDMENTS.

Except as expressly amended lierein, all other terms and conditions of Agreeinent shall remain in full force and effect. Witliout limiting the generality of the (oregoing, Agreement shall remain unclianged during tlie term of Agreement as extended by

Page 1 ends

57 Amendment No. l to
Contract No. 2022-77-CC
Section I above. Furthennore, City reserves the right to augment or reducc tlie scope of work as City deems necessary.

IN WITNESS WHE,REOF, the Parties hereto liave caused this Amendment No. l to be executed and attested by their respective officers hereunto duly authorized.

ATTEST:

By:

Yodit G City Clerk
APPROVED AS TO FORM:

BY:

F. Salinas, City Attorney
CITY OF SOUTH GATE:

CONSULTANTS C.

Crystal Fraire, President

Page 2 ends

58 coxsut,raxars

BUILDING SOLUTIONS
Via e-mail
July 7, 2023
Elias Saikaly, PE, Project Manager
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Z&K Consultants, Inc. Budget Increase Request for the City of South Gate Hollydale Cornrnunity Park Improvement Project, City Project No. 607-PRK Dear Mr. Saikaly,
Z&K Consultants, Inc. is requesting a budget increase for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK in the amount of $74,064.25.

Our original fee proposal in the amount of $438,839.00 was based on 205 working days and the scope of services as outlined in the RFP. The cost proposal assumed a typical level of effort that was based on our experience with similar projects.

This project required a significant amount of additional effort that could not have been anticipated at the time of the cost proposal, including: labor compliance isSues; excessive Request for Information (RFIs), Submittals, and Change Order Requests (CORs); contractor unauthorized weekend work which required inspection; and challenges with the contractor which required additional coordination with the Contractor, City, and Desginer.

Please feel free to reach out if you have any questions or need additional information. We look forward to the successful completion of the City's project.

Sincerely,
Crystal Fraire, PE
Presidenti Z&K Consultants, Inc.
[email protected]
3 949-637-5040 [email protected] gwww.zandkconsultants.com 59 Attachment C
Contract No. 2022-77-CC

AGREEMENT FOR PROFESSIONAL SERVICES FOR

CONSTRUCTION MANAGEMENT AND INSPH,CTION SERVICES FOR

THE HOLLYDALE COMMUNITY PARK PROJECT BETWEEN
THE CITY OF SOUTH GATE AND Z&K CONSULTANTS, INC.

This Agreement for Professional Services for Constnuction Management and Inspection Services for the Hollydale Community Park Project ("Agreement") is made and entered into on September 13, 2022, by and between the City of South Gate, a municipal corporation ("City"), and Z&K Consultants, Inc., ("Z&K") a California Corporation ("Consultant"). The City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECITALS
WHEREAS, City desires to retain a qualified provider for certain services relating to Constnuction Management and Inspection Services involving inventory and data collection of encroacent facilities in the public right-of-way; and WHERF,AS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

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

2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of Four Hundred Thirty-Eight Thousand Eight Hundred Thirty-Nine Dollars ($438,839) as described in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the City Manager or his/her designee.

2.1 Consultant shall be required to attend meetings at City Hall as necessag in the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
5116863.1-L235.0 (Fomi Rev. 9/8/21)
60 Agreement for Professional Services
Z&K Consultants, Inc.

Page2ofl0

2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.

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

3. TERM OF AGREEMENT. This Agreement is effective as of September 13, 2022, and will remain in effect through December 31, 2023, unless otherwise expressly extended and agreed to by both Parties in writing, or teminated by either Party as provided herein.

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

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

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

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

6. GF,NERAL TERMS AND CONDITIONS.

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

6.2 Termination for Cause.

6.2.I City may, by written notice to Consultant, terminate the whole or any part of 61 Agreement for Professional Services
Z&K Consultants, Inc.

Page 3 of 10 ends

this Agreement in any of the following circumstances. a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or b. If Consultant fails to perfom the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) affer 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 tetms and in such manner as it may deem appropriate, services similar to those teminated.

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

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

6.3 Non-Assignabfflty. Consultant shall not assign or transfer any interest in this Agreementwithout the express prior written consent of City.

6.4 Non-Discriminahon.

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, ancestg, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its senfflces and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governments. Consultant will 62 Agreement for Professional Services
Z&K Consultants, Inc.

Page 4 of 10 ends

take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.

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

6.4.2 The provisions of Subsection 6.4.1 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 detemiining compliance with the equal employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.

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

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

6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers, and employees. c. Specify its acts as pary insurance.
d. Contain a clause substantially in the following words: "It is hereby 63 Agreement for Professional Services
Z&K Consultants, Inc.

Page 5 of 10 ends

understood and agreed that this policy shall not be canceled except upon tirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this Agreement.

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

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

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

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

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

Page 6 of 10 ends

6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.

6.9 Consultant's Personnel.

6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, pemits 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 subcoritractors' 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 hannless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.

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

6.11 Legal Construction.

6.11.1 This Agreennent 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 constnued as though each of the parties participated equally in the drafting of same, and any rule of constnuction that a document is to be constnued 65 Agreement for Professional Services
Z&K Consultants, Inc.

Page 7 of 10 ends

against the drafting party shall not be applicable to this Agreement.

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

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

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

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

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

6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreetnent 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 66 Agreement for Professional Services
Z&K Consultants, Inc.

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express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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

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

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

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

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

TO CITY:

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

City Clerk's Office
Yodit Glaze
City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze(24sogate.org
TEL: (323) 563-9510
67 Agreement for Professional Services
Z&K Consultants, Inc.

Page 9 of 10 ends

TO CONSULTANT:

Crystal Fraire, PE, President
Z&K Consultants, Inc.
473 E. Carnegie Drive, Suite 200
San Bernardino, California, 92400
Email: cfraire(24zandkconsultants.com
Tel: (951) 310-7470

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

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

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

7. EFFECTIVE DATE. The effective date of this Agreement is September 13, 2022, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
[Remainder of page left blank intentionally]
68 Agreement for Professional Services
Z&K Consultants, Inc.

Page 10 ends

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

CITY OF SOUTH GATE:

Al Rios, Mayor
Dated: d7l;x7/242-i
ATTEST:

Yodit City Clerk
EAL)
APPROVED AS TO FORM:

B)=:

F. Salinas, City Attomey
Z&K CONSULT ANTS, INC.i
BY:
"'sident
Dated: q ) I ':" l 2"
69 July 20, 2022
Arturo Cervantes, PE, ASSiStant City Manager/Director of Public Works City of South Gate, 8650 California Avenue, South Gate, CA 90280 !u h
Dear Mr. Cervantes,
Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Construction Management and Inspection Services for the Construction of the Hollydale Community Park Improvement, City Project No. 607-PRK. Our not-to-exceed total lump sum fee for Construction Management and Inspection Services is S438,839.00.

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

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

Below is a table with the hourly rate schedule:

Z&K Consultants, Inc Hourly Rates:

Resident Engineer.......

Senior Constructionlnspector......................................

Project Manager/Office Engineer/ Labor Compliance Officer.

Material Testing Services (Converse Consultants).................... 5157.00
. S140.00
. S130.00
.Attached
I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of South Gate and are committed to the successful completion the City's important project.

Sincerely,
CVV8i-sis-
Crystal Fraire, PE, QSD/P l President, Z&K Consultants Inc. 473 E. Carnegie Drive l Suite 200 l San Bernardino, CA 92400 9S1.310.7470 I [email protected]
$CONSULT ANTS
BUILDING SOLuTIONS
70 Assumptions
Task 1- Project Coordination
Resident Engineer - 20 hours a week minus utility and outside agency coordination hours Senior Construction Inspector - 20 hours total
Senior Project Manager/ Office Engineer/ Labor Compliance - 8.8 hours a week on average minus uti!ity and outside agency coordination hours
Material Testing Services - O hours
Task 2 - Construction Inspection
Resident Engineer-O hours
Senior Construction Inspector - 8 hours a day * 205 WD minus hours for labor compliance and utility coordination
Senior Project Manager/ Office Engineer/ Labor Compliance - O hours Material Testing Services - O hours
Task 3 - Labor Compliance
Resident Engineer - O hours
Senior Construction Inspector-1 hour every 2 weeks (Employee interviews) Senior Project Manager/ Office Engineer/ Labor Compliance-1 hour a week Material Testing Services - O hours
Task 4 - Material Testing Seniices
Resident Engineer - O hours
Senior Construction Inspector - O hours
Senior Project Manager/ Office Engineer/ Labor Compliance - O hours Material Testing Services - 100 hours (2.4 hours a week). Total = S13,000.00 Task 5 - Utility and Outside Agency Coordination
Resident Engineer-1 hour every 2 weeks
Senior Construction Inspector-1 hour a week
Senior Project Manager/ Office Engineer/ Labor Compliance-1 hour every 2 weeks Material Testing Services -O hours
Task 6 - Project Closeout
Resident Engineer - 40 hours (1 week)
Senior Construction Inspector-40 hours (2 weeks)
Senior Project Manager/ Office Engineer/ Labor Compliance - 25 hours Material Testing Services - O hours

CONSULT ANTS

BUILDING SOLUTIONS
71 NOT-TO-EXCEED FEE SCHEDULE
The fee proposal shall be based on a not-to-exceed fee for a construction period of 10 months. The Construction Inspector shall be provided for the entire 290 working day period.

Any additional services needed beyond the contract scope of work shall require prior approval from the City.

Z&K Consultants commits that o// assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contmct. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements.
coxsutararrs

BUILDING SOLUTIONS
72 C)Trice cil the
Sorith Gate Crly Clerl:

JUL 03 202%
FILED
'7:5Z)gtA
Ciffl of South Gate

CITYCOUNCIL
Item No. 4

AGENDA BTJLL
For the Regular Meeting of: July 9, 2024
DepartmentDirector:

SUBJECT: FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY FOR MEASURE R FUNDS FOR THE I-710/FIRESTONE BOULEVARD SOUTHBOUND ON RAMP MODIFICATION PROJECT, CITY PROJECT N0. 354 ST
PURPOSE: To approve a Funding Agreement with the Los Angeles County Metropolitan Transportation Authority to accept a grant in tlie amount of $1,450,000 in Measure R Funds for the I-710/Firestone Boulevard Southbound On Ramp Modification Project.

RECOMMENDED ACTIONS: The City Council will consider:
a, Approving Funding Agreement with the Los Angeles County Metropolitan Transportation Authority ("Metro") to accept $1,450,000 in Measure R Funds for the I-710/Firestone Boulevard Southbound On Ramp Modification Project ("On Ramp Project"), City Project No. 354-ST;
b. Appropriating $1,450,000 in Metro Measure R Funds to the On Ramp Project; and c. Authorizing the Mayor to execute the Funding Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. The Funding Agreement allocates $1,450,000 in Measure R Funds ("Metro Measure R Funds") to the On Ramp Project to fund $700,000 in design costs and $750,000 in construction costs. All of the grant funds are required to be appropriated to the On Ramp Project.

ANALYSIS: The I-710/Firestone Boulevard Southbound On Ramp Modification Project is funded by various grant funding sources some of which are from Metro. Under the proposed Funding Agreement, the City will receive a grant in the amount of $1,450,000 in Metro Measure R Funds for the On Ramp Project, to fund design and construction. The project is in the design phase and fees have been incurred. As such, Metro has made the term of the agreement retroactive to Januai'y 1, 2024, to pay for design costs.

BACKGROUND: The On Ramp Project is a part of the Capital Improvement Program. It is the second phase of a project that is being implemented to improve traffic flow and reduce traffic congestion on Firestone Boulevard, at the I-710 Freeway. The project entails re-aligning and widening the I-710 Freeway/Firestone Boulevard Southbound on-ramp, to align to the widened 73 Firestone Boulevard Bridge, at the Los Angeles River. In addition, the project includes improvements on Firestone Boulevard from Rayo Avenue to Garfield Avenue including pedestrian improvements, updating curb ramps to comply with American with Disability Act, sidewalks, replacement of the existing median island, creation of an aesthetic theme for the railings, grinding and overlaying the existing pavement and traffic signal modifications to accommodate pedestrian crossings.

The design of the project is substantially complete. If Caltrans approval is received timely, construction is planned to start January 2025 and be completed in 16 months.

ATTACHMENT: Proposed Funding Agreement
ES:lc
74 FTIP #: LA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

MEASURE R FUNDING AGREEMENT
HIGHWAY PROGRAM (General)
This Funding Agreement ("FA") is made and entered into effective as of January 1, 2024 ("Effective Date"), and is by and between the Los Angeles County Metropolitan Transportation AuthOrit7 ("LACMTA") and Cite Of SOuth Gate("GRANTEE") far Reconfiguration Firestone Boulevard On-Ramp to I-710 S/B Freeway, LACMTA Project ID# MR306.24 and FTIP# IA996347(the "Project"). This Project is eligilyle for funding under Line 37 of the Measure R Expenditure Plan.

WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Orffinance, on July 24, 2008 (the "Ordinance"), which Ordinance was approved liy the voters of Los Angeles County on Novemlrer 4, 2008 as "Measure R" and liecame effective on January 2, 2009.

WHEREAS, the funding set forth herein is intended to fund PS&E and Constniction of the Project; and
WHEREAS, the LACMTA Board, at its July 26, 2012 meeting, programmed $5,500,000 in Measure R Funds to GRANTEE for PS&E and Construction; and WHEREAS, the LACMTA Board, at its July 25, 2013 meeting, changed lead agencies from the City of South Gate to Caltrans; and
WHEREAS, the LACMTA Board, at its October 23, 2014 meeting, de-obligated $4,050,000 in Measure R Funds and reprogrammed the funds, resulting in $250,000 in Measure R Funds in Fiscal Years (FY) FY 2014-15 and $1,200,000 in FY2015-16, leaving $1,450,000 in funding for PS&E and Constmction phases; and
WHEREAS, the IACMTA Board on June 25, 2020, delegated administrative authority to staff to allow changes in project sponsor to deliver board-approved projects; and WHEREAS, the LACMTA Board, at its June 22, 2023 meeting, changed lead agencies from Caltrans to the City of South Gate; and
WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates for Measure R funding agreements; and WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of the Project fiinds programmed for Fiscal Year FY 2014-15 to June 30, 2028 and FY 2015-16 to June 30, 2029.

Rev: 05.16.2023 1 Measure R Funding Agreement - Highways 75 FTIP #: LA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
NOW, THEREFORE, the parties here'by agree as follows:

The terms and conditions ofthis FA consist ofthe following and each is incorporated lyy reference herein as if fully set forth herein:

1. Part I - Specific Terms of the FA

2. Part II - General Terms of the FA

3. Attachment A - Project Funding

4. Attachment B - Measure R Expenditure Plan Guidelines

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

6. Attachment C - Scope of Work

7. Attachment D - Project Reporting and Expenditure Guidelines

8. Attachment D-1 - Intentionally omitted

9. Attachment D-2 - Quarterly Progress/Expenditure Report

10. Attachment E - Federal Transportation Improvement Program (FTIP) Sheet

11. Attachment F - Bond Requirements

12. Any other attachments or documents referenced in the aliove documents In the event of a conflid, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the F A and any attachments and the Specific Terms of the FA shall prevail over the General Terms ofthe FA.

IN WITNESS WHEREOF, the parties have caused this FA to be executed liy their duly authorized representatives as ofthe dates indicated lyelow:

Rev: 05.16.2023 2 Measure R Funding Agreement - Highways 76 FTIP#: IA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:

Stephanie N. Wiggins
Chief Executive Officer
Date:

APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
Bv:

Deputy
GRANTEE:

CITY OF SOUTH GATE
Date, 5/30/24
By:

ATI'EST:

Gil Hurtado
City Mayor
Dat":

By:

Yodit Glaze
City Clerk
APPROVED AS TO FORM:

Raul Salinas
City Attomey
Date:

Date:

Rev: 05.16.2023 Measure R Funding Agreement - Highways 77 FTIP #: LA996347
Su'bregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

PART I

SPECIFIC TERMS OF THE FA

1. Title ofthe Project (the "Project"): I-710/Firestone Blvd. Interchange Reconstnuction Phase IV -Project Initiation Doaiment (PID), Project Approval/Environmental Document (PAED), Plans, Specifications and Estimates (PS&E), Project Development, Right-of-Way, and Construction. IACMTA Project ID# MR306.24 FTIP# LA996347

2. Grant Funds:

2.1 ProgrammedFundsforthisProjectconsistofthefollowing:MeasureRFunds.

2.2 To the extent the Measure R Funds are available; LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $1,450,000 (the "Funds") for the Projed. LACMTA Board of Diredors' action of July 26, 2012 and Octolier 23, 2014 granted, reprogrammed, and de-oliligated the Measure R Funds for the Project.

The Funds are programmed over two years for Fiscal Year (FY) 2014-15 and FY2015-16.

3. This grant shall be paid on a rei'mbursement lyasis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report.

GRANTEE Funding Commitment, if applicalyle, must be spent in the appropriate proportion to the Funds with each quarter's expenditures. LACMTA will withhold five percent (5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.

4. Afl;adentAthe"ProjectFunding"documentsallsourcesoffiindsprogrammedfor the Project as approved by LACMTA. The Project Funding includes the total programmed funds for the Project, itxluding the Funds programmed liy LACMTA and, if any, the GRANTEE Funding Commitment of other sources of fiinding. The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. The Funds are subject to adjustment liy subsequent LACMTA Board Action.

5. Attaament B-1 is the Expenditure Plan- Cost & Cash Flow Budget (the "Expendihire Plan"). It is the entire proposed cash flow, the Budget and financial plan for the Project, which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan annually, no later than Decemlier 31, and such update shall be sulrmitted to LACMTA's Executive Officer of Countywide Planning, Complete Streets & Highway in writing. If the LACMTA's Executive Officer of Countywide Planning, Complete Streets & Highway concurs with such updated Expendihire Plan in writing, Attachment B-1 shall be replaced with the new Attachment B-1 setting forth the latest approved Expendihire Plan. Payments under this FA shall lye consistent with Attachment B-1 as revised from time to time. Any change to the final milestone date must lie made lyy a fully executed amendment to this FA.

6. AttaaunentCisthe"ScopeofWork". TheGRANTEEshallcompletetheProjectas described in the Scope of Work. This Scope of Work shall include a detailed description of the Rev: 05.16.2023 4 Measure R Funding Agreement - Highways 78 FTIP #: LA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
Project and the work to be completed, including anticipated Project milestones and a schedule consistent with the lapsing policy in Part II, Section 9, and a description of the Project limits, if applicable. No later than December 31 of each year, GRANTEE shan notify LACMTA if there are any changes to the final milestone date set forth in the schedule or any changes to the Scope of Work. If LACMTA agrees to such changes, the parties shall memorialize such changes in an amendment to this FA. Work shall lye delivered in accordance with the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver the Projed, LACMTA will have the option to suspend or terminate the FA for default as described in Part II, Sections 2, 9, 10 and 11 herein lielow. To the extent interim milestone dates are not met 'but GRANTEE believes and can show doaimentation acceptable to LACMTA supporting GRANTEE'S alyility to make up the time so as to not impact the final milestone date, GRANTEE shall notify IACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically lye amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended lyy a Quarterly Progress/Expenditure Report.

7. No changes to this FA, including lyut not limited to the Funds, and any other source of funds from IACMTA in the Project Funding, Expenditure Plan or the Scope ofWork shall lye allowed without an amendment to the original FA, approved and signed by both parties.

8. Attadunent D is the "Project Reporting & Expenditure Guidelines". GRANTEE shan complete the "Quarterly Progress/Expendihire Report". The Quarterly Progress/ Expenditure Report are attached to this FA as Attachment D-2 in accordance with Attaament D - Project Reporting and Expendihire Guidelines.

9. AttadmentE,the"FTIPPROJECTSHEET(PDF)",isrequiredtoensurethatthe Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can lie found in ProgramMetro FTIP database under the reports section at https://programmetro.ecointeractive.com/secure2/login.asp. Allprojectsthatreceivefiu'iding through Measure R must lye programmed into the FTIP, which includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEE shall review the Project in ProgramMetro each year and update or conect the Project information as necessary during a scheduled FTIP amendment or adoption. GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through ProgramMetro should lie made as soon as possible after GRANTEE is aware of any changes to the Project, lyut no later than October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date, it may affect GRANTEE's ability to access funding, delay the Project and may ultimately result in the Funds lyeing lapsed.

10. IACMTA anticipates it may need to avail itself of lower cost 'bonds or other debt, the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of lionds (collectively, the 'Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax-exemption of the interest, the Federal sulisidy payment or the tax credit, as applicable, as specified in the Bond Requirements Rev: 05.16.2023 5 Measure R Funding Agreement - Highways 79 FTIP #: LA996347
S'u'bregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
attached as Attaament F to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation, and any other documentation as reasonably requested lyy LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or liond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonalile actions as may lye requested of it by LACMTA's Project Manager for the Project, to assist IACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such lionds tax status.

11. GRANTEEshallcomplywiththe"SpecialGrantConditions"attachedasAttadaunentG, if any.

12. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope ofWork (except as provided herein), (iv) Final milestone date or (v) Special Grant Conditions, shall lie allowed without a written amendment to this FA, approved and signed bythe LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA, such as redistriliuting Funds among existing lyudget line items or non- material schedule changes must lye formally requested by GRANTEE and approved by LACMTA in writing. Non-material dianges are those changes which do not affect the grant amount or its schedule, Project Funding, or the Scope of Work, including the Work schedule.

13. LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Lucy Delgadillo
LACMTA Project Manager
Mail Stop 99-18-2
Phone (213) 922-7099
E-mail [email protected]

14. GRANTEE's Address:

City of South Gate
8650 California Ave
South Gate, CA 90280
Arhiro Cervantes
Title: Assistant City Manager/Director of Pulilic Works Phone: (323)357-9657
Email: [email protected]
Rev: 05.16.2023 6 Measure R Funding Agreement - Highways 80 FTIP #: LA996347
Suliregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

PART II

GENERAL TERMS OF THE FA

1. TERM
The term of this FA shall commence on the Effective Date of this FA, and shall terminate upon the occunence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) an LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expendihire Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in wnhng.

2. SUSPENSION OR TERMINATION
Should LACMTA determine there are insufficient Measure R Funds available for the Projed, LACMTA may suspend or terminate this FA lyy giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, IACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date, except those costs necessary to: (i) to return any facilities modified lyy the Project constnuction to a safe and operable state; and (ii) suspend or terminate the constniction contractor's control over the Project. LACMTA's share of these costs will lye consistent with the estalylished funding percentages outlined in this FA.

3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Quarterly Progress/ Expenditure Report, with supporting documentation of expenses, Project progress and other documents as required, which has lyeen pre-approved liy LACMTA, all as described in PartII, Section 6.1 of this FA, shall satisfy LACMTA invoicing requirements. Grantee shall only sulymit for payment the LACMTA pre-approved Quarterly Progress/ Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part r and to LACMTA Accounts Payalile Department as shown below.

Submit invoice with supporting documentation to:

[email protected] (preferable)
or
mail to:

Los Angeles County Metropolitan Transportahon Authority Accounts Payable
P. 0. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the fonowing information:

Re: LACMTA Project ID# MR306.24 and FA# M9200000000MR30624 [Lucy Delgadillo; Mail Stop 99-18-2]
Rev: 05.16.2023 7 Measure R Funding Agreement - Highways 81 FTIP#: IA996347
Suliregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

4. USE OF FUNDS

4.1 GRANTEE shall utilize the Funds to complete the Projed as descrilied in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the specifications for use for the transportation purposes described in the Ordinance.

4.2 Attachment C shall constihite the agreed upon Scope of Work lietween LACMTA and GRANTEE for the Project. The Funds, as granted under this FA, can only lye used towards the completion of the Scope ofWork detailed in Attachment C.

4.3 GRANTEE shall not use the Funds to sulystihite for any other funds or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expenses or activities above and lyeyond the approved Scope of Work (Attachment C) without an amendment to the FA approved and signed lyythe LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with liond or cornrnercial paper proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined lyy LACMTA and its bond counsel.

4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE's contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay "in-house" staff time. This effective use of funds provision will be verified by LACMTA through on- going Project monitoring and through any LACMTA interim and final audits.

4.5 GRANTEE'S employee, officers, councilmembers, lroard memlier, agents, or consultants (a "GRANTEE Party") are prohi'bited from participating in the selection, award, or administration of a third-party contract or suli-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (lr) any memlier of a GRANTEE Party's immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any ofthe above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.

4.6 If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to lye used for the proper use as originany stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to IACMTA as follows: GRANTEE shall lye required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio.

4.7 If the Project requires the implementation of an Intelligent Transportation Systems ("ITS") project, GRANTEE shall ensure the Project is consistent with the Regional ITS Architecture. Attachment G, the Los Angeles County Regional ITS Rev: 05.16.2023 8 Measure R Funding Agreement - Highways 82 FTIP#: LA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
Architecture (CONNECT-IT) Consistency Self-Certification Form, must lie completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through IACMTA. Refer to www.laconnect-it.com to find information about the CONNECT-IT Service Packages.

4.8 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www.metro.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parl6ng policy.

For the parl6ng policy, see
http: //media.metro.net/projectsshidies/callprojects/images/09%20Appendix%20D%20Pa rking%20Policy.pdf

5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in supportoftheQuarterlyProgress/ExpenditureReports. LACMTAwillmakeandisl*ursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will lie made at no cost to GRANTEE. GRANTEE must register in IACMTA's iSupplier portal and submit an application lyefore grant payments can be made.

The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf. GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter's payment.

6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS

6.1 GRANTEEshallsulimitthedraftofQuarterlyProgress/Expenditure Report (Attaiment D-2) within sixty (60) days after the dose of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicalile report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expendihire Reports within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA's written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days ofthe due date and/or submit incomplete reports, IACMTA will not reimliurse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shan include all appropriate documentation (suth as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a dear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will stin be required to submit the Quarterly Progress/Expendihire Reports indicating no dollars were expended that quarter. If a request for reimL+ursement exceeds $500,000 in a single month, then GRANTEE can sulimit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payalile Rev: 05.16.2023 9 Measure R Funding Agreement - Highways 83 FTIP #: LA996347
Su'bregion ID: Gateway Cities
Pro'ject#: MR306.24
FA# 9200000000MR30624
within ninety (90) days after the lapsing date specified in Part II, Section 9.llielow are not eligible for rei'mbursement.

6.2 GRANTEE shall sulimit the Project expenditure estimates for the subsequent fiscal year by Fe'bruary of each year. LACMTA will use the estimates to determine the Project lyudget for the upcoming fiscal year.

6.3 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, pre- award audits, performance audits and final audits. LACMTA will commence a final audit within six (6) months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to IACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review).

GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimliurse IACMTA for any expendihire not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE's own expenditures s'u'bmitted to LACMTA for this Project shall lye in compliance with Office of Management and Budget (OMB) Circular A-87. The allowalrility of costs for GRANTEE's contractors, consultants and suppliers expendihires sulimitted to LACMTA through GRANTEE's Quarterly Progress/Expendihires shall lye in compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Sulipart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whidiever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to rehirn monies to LACMTA, GRANTEE agrees to rehirn the monies within thirty (30) days after the final audit is sent to GRANTEE.

6.4 GRANTEE's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as "records"). Such records shall lre open to inspection and subject to audit and reproduction liy LACMTA auditors or authorized representatives to the extent deemed necessary lry LACMTA to adequately permit evaluation of expended costs. Such records su'Liject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project.

These records must be retained liy GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA's final audit is completed.

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

Rev: 05.16.2023 10 Measure R Funding Agreement - Highways 84 FTIP #: LA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

6.6 LACMTA or any of its duly authorized representatives, upon reasonalyle written notice, shall be afforded access to all GRANTEE'S records and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonalily practicable.

6.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction, at no charge to LACMTA, and shall lye provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA.

6.8 When lyusiness travel associated with the Project requires use of a vehicle, the mileage incurred shall be reim'bursed at the mileage rates set by the Internal Revenue Service (IRS), as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle ReimIbursement Rates.

6.9 GRANTEE shall be responsilrle for ensuring all contractors/ sulycontractors for the Project comply with the terms of the Ordinance. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its oliligations under the Ordinance.

6.10 GRANTEE shall certify each invoice 'by reviewing all subcontractor costs and maintaining internal control to ensure that all expendihires are allocalyle, allowalile and reasonable and in accordance with OMB A-87 or FAR s'u'bpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.

6.11 GRANTEEshallalsocertifyfinalcostsoftheProjecttoensureallcosts are in compliance with OMB A-87 or FAR sulipart 31 and 2 CFR Sulytitle A, Chapter II, part 225, (whichever is applicalyle) and the terms and conditions of this FA.

6.12 In addition to LACMTA's other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined lyy this FA, including the access to records provisions of Part II, Section 6.

7. GRANT
This is a one-time only grant of the Measure R Funds sulyject to the terms and conditions agreed to herein. This grant does not imply nor oliligate any future funding commitment on the part of LACMTA.

Rev: 05.16.2023 11 Measure R Funding Agreement - Highways 85 FTIP #: LA996347
Sulrregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

8. SOURCES AND DISPOSITION OF FUNDS

8.1 TheobligationforLACMTAtogranttheFundsfortheProjectis subject to sufficient Funds lieing made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure R Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by IACMTA.

8.2 GRANTEE shall fully fund and contribute the Grantee Funding Commitment, if any is identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE may request additional Measure R funds from its suly-region earmark pending support of the sub-region's Governing Board. A particular sub-region's Measure R funds are limited to the amount specified in the Ordinance and is still su'bject to approval of the LACMTA Board. Nothing in this FA shall obligate, or lre construed to obligate, the LACMTA Board to approve such request for additional funds. If the Funds are still insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project.

8.3 GRANTEE shall be responsilile for any and all cost overnins for the Project pursuant to Section 8.2.

8.4 GRANTEE shall be eligilile for the Funds up to the grant amount specified in Part I, Section 2 of this FA subject to the terms and conditions contained herein.

Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not lye reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall lie spent at GRANTEE's own risk, or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA.

8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded, this FA shall be amended to reflect such additional funding. If, at the time of final invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shan have the right to use any cost savings associated with the Funds at its sole discretion, induding, without limitation, programming the unused Funds to another project or to another grantee. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess ofwhat GRANTEE should have received for the Project, GRANTEE shall rehirn such overage to LACMTA within 30 days from final vouier.

9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS
Rev: 05.16.2023 12 Measure R Funding Agreement - Highways 86 FTIP #: LA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

9.1 GRANTEEmustdemonstratetimelyuseoftheFundsby:
(i) ExecutingthisFAwithinninety(90)daysofreceivingformal transmittal of the FA from IACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineemg-(PE) within six (6) months from completion of environmental clearance, if appropnate.
(iii) Expending Project Development or Right-of-Way costs (including lry deposit into a condemnation action) by the end of the second (2"d )fiscal year following the year the Funds were first programmed; and
(iv) Executing Contracts for Constniction or Capital purdiase within twelve (12) months from the date of completion of design; and (v) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Projed milestone due dates as agreed upon 'by the IACMTA and GRANTEE in Attachment C (Scope of Work) of this FA; and
(vi) Sulymitting the Quarterly Progress/Expenditure Reports as described in Part II, Section 6.1 ofthis FA; and
(vii) Expending the Funds granted under this FA for allowalyle costs by the lapsing date. All Funds programmed for FY 2014-15 are sulyject to lapse lry June 30, 2028 and an Funds programmed for FY 2015-16 are suL+ject to lapse by June 30, 2029.

9.2 In the event that the timely use of the Funds is not demonstrated as descrilyed in Part II, Section 9.1 of this FA, the Project will lie reevaluated % LACMTA and the Funds may be reprogrammed to another project lyy the LACMTA Board of Directors in accordance with the Ordinance. In the event that all the Funds are reprogrammed, this FA shall automatically terminate.

10. DEFAULT
A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; and/or (ii) GRANTEE fails to perform satisfactorily or malce material changes, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without IACMTA's prior written consent or approval as provided herein.

11. REMEDIES

11.1 In the event of a Default liy GRANTEE, IACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same Rev: 05.16.2023 13 Measure R Funding Agreement - Highways 87 FTIP #: IA996347
Subregion ID: Gateway Cities
Proiect#: MR306.24
FA# 9200000000MR30624
within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may malce no fiirther disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as anowed liylaw or in equity.

11.2 EffectiveuponreceiptofwrittennoticeofterminationfromIACMTA, GRANTEE shan not undertake any new work or obligation with resped to this FA unless so directed by LACMTA in writing. Any Funds expended after termination shall lye the sole responsibility of GRANTEE.

11.3 Theremediesdescriliedhereinarenon-exclusive. LACMTAshallhave the right to enforce any and all rights and remedies herein or which may lie now or hereafter available at law or in equity.

12. COMMUNICATIONS

12.1 GRANTEE shall ensure that an Communication Materials contain recognition of LACMTA's contri'bution to the Project as more particularly set forth in "Funding Recipient Communications Guidelines" availalile online at http: / /metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsilrle for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing lyy the LACMTA Chief Communications Officer.

12.2 For purposes of this Agreement, "Communications Materials" include, but are not limited to, preSS events, p'u'blic and external newsletters, printed materials, advertising, welisites radio and pulylic service announcements, electronic media, and construction site signage. A more detailed definition of "Communications Materials" is found in the Funding Recipient Communications Guidelines.

12.3 The Metro logo is a trademarked item that shall lye reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.

12.4 GRANTEE shall ensure that any sulycontractor, including, lyut not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.

12.5 The LACMTA Project Manager shall lye responsilile for monitoring GRANTEE's compliance with the terms and conditions of this Section. GRANTEE's failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shan have all rights and remedies set forth herein.

13. OTHER TERMS AND CONDITIONS
Rev: 05.16.2023 14 Measure R Funding Agreement - Highways 88 FTIP#: LA996347
Suliregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

13.1 This FA, along with its Attachments, constitutes the entire understanding between the parties, with respect to the suJbject matter herein. The FA shall not be amended, nor any provisions or lyreach hereofwaived, except in writing signed by the parties who agreed to the original FA or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to lyecome incorporated automatically into this Agreement as though funy set forth herein.

13.2 GRANTEEisobligatedtocontinueusingtheProjectdedicatedtothe pulylic transportation purposes for which the Project was initially approved. The Project right- of-way, the Project facilities constnicted or reconstnucted on the Projed site, and/or Project property purchased, excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio), shan remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehalrilitation, or enhancements.

13.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding lietween the parties to enforce or interpret this FA, to protect or estalrlish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees.

13.4 Neither LACMTA nor any officer or employee thereof shall 'be responsilile for any damage or lialiility occurring lyy reason of anything done or committed to lie done lry GRANTEE under or in connection with anywork performed by and or service provided by GRANTEE, its officers, agents, employees, contractors and sulrcontractors under this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its sulisidiaries, and its officers, agents and employees harmless from and against anylialyilityand expenses, including without limitation, defense costs, any costs or lia'Lyility on account of liodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental oliligation, any legal fees and any daims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) use of the Funds lyy GRANTEE, or its officers, agents, employees, contractors or subcontractors; (ii) lireaa of GRANTEE's obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or sulrcontractors in the performance of the work or the provision of the services, in connection with the Project induding, without limitation, the Scope of Work, descrilred in this FA.

13.5 Neither party hereto shall lre considered in default in the performance of its obligation hereunder to the extent that the performance of any such oliligation is prevented or delayed liy unforeseen causes including acts of God, acts of a pul>lic enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such ciraimstances claimed to delay, hinder, or prevent performance of any oliligations under this FA.

Rev: 05.16.2023 15 Measure R Funding Agreement - Highways 89 FTIP #: LA996347
Subregion ID: Gateway Cities
Pro'ject#: MR306.24
FA# 9200000000MR30624

13.6 GRANTEE shall comply with and ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicalyle provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements ixluding Federal Acquisition Regulations (FAR), and the applicalyle requirements and regulations of LACMTA. GRANTEE acknowledges responsiliility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.

13.7 GRANTEE agrees that the applicalile requirements of this FA shall be included in every contract entered into liy GRANTEE or its contractors relating to work peformed under this FA and LACMTA shall have the right to review and audit such contracts.

13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent liy LACMTA shall lie void and unenforceable.

13.9 This FA shall be governed by California law. If any provision of this FA is held by a court of competent jurisdiction to be invalid, void, or unenforcealile, the remaining provisions shall nevertheless continue in full force without lreing impaired or invalidated in any way.

13.10 The covenants and agreements of this FA shall inure to the 'benefit of, and shall lie lyinding upon, each of the parties and their respective successors and assigns.

13.11 GRANTEEwinadviseIACMTApriortoanykeyProjectstaffingchanges.

Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address.

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

Rev: 05.16.2023 16 Measure R Funding Agreement - Highways 90 FTIP #: IA996347

ATI'ACHMENT A - PROJECI' FUNDING
Measure R Program - Funding Agreement Projects - FA# 9200000000MR30624 Project Title: Reconfiguration of Firestone Blvd On-Ramp to I-710 SB Freeway Project#: MR306.24

PROGRAMMED BUDGET - SOURCES OF FUNDS
SOURCF.S OF FUNDS
I
FY2014-IS
1FY7.015-16 ,
FY2016-17 FY2017-18
1FY2018-19
FY2019-20
I BTudgeto'
% of Budget

IACMTA PRO(,RAMMED FUNDING II

I I II ,I
MEASURE R FUNDS n- s,is-o,ooo -$ 1,2-00,000- I . $- - 1-,450,00-0

IACMTA PROGRAMMED FUNDS BY
YRAR SUBTOTAI $250,000 $ 1,200,000
I" r'l f 100% I
mmi ml
OTHER SOURCES OF FUNDING:

LOCAL: 0%
STATE: 0%
FEDERAL: 0%
PRIVATE OR OTHER: 0%
OTHER FUNDmG SU'BTOTAIj is - III
I
0%
mat
TOTAL PROJEC'[a FUNDS $ 250,000 $ 1,200,000 s -iIfflffi m $ -' $ 1,450,000 -100% Rev. 05.03.19 FA Measure R Hwys Gen Attachment A Project Funds 91 FTIP #: IA996347 Project#: MR306.24
F A# 9200000000MR30624

ATI'ACHMENT B

MEASURE R EXPENDITURE PLAN GUIDELINES

PROJECT DEVELOPMENT AND RIGHT OF WAY
State Law Requires All Measure R Project and Program Sponsors to Sulimit an Expenditure Plan
To be eligilyle to receive Measure R revenues, an agency sponsoring a capital project or program must lyy state law (AB 2321) su'bmit an expendihire plan that is acceptalile to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is sulymitted, reviewed and deemed satisfactory lyy LACMTA. LACMTA staff will request that an expenditure plan be sulimitted before making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and/or each project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates will lye expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will lie available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity.

Each of the alyove elements must lye provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a stahitorily mandated function), as follows:
o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights-of-way, state highways, and lielow-ground subways versus any other rights-of-way or alrove-ground work;
o A current-year cost estimate lireakdown of the major su'b-elements of the project such as overhead, environmental and permit work, design and engineering, right-of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stodc, and other supporting components;
o Any extraordinary project cost escalation issues, such as extraordinary commodity, right- of-way, surety, energy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicalile including a 3% local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year-of-expendihire dollars;
Rev: 11-1-14 1 FA Measure R Hwys Suli Attachment B Measure R Expenditure Guidelines
92 FTIP #: IA996347 Project#: MR306.24
FA# 9200000000MR30624
o An annual schedule, in current dollars, of anticipated costs Liy the cost estimate categories described above; and;
o The expected completion liy month and year of project or program completion.

Below is an excerpt of AB 2321 (2008, Feuer), the state legislation that requires the expenditure plan.

WhatAB 2321 (2008, Feuer) Says Aboutthe Expenditure Plan:

Section b (3) B
(f) Prior to submitting the ordinance to the votem, the MTA shall adoptan expenditure plan forthenetrevenuesderivedfromthetax. Theexpenditureplanshallinclude,inadditionto otherprojectsandprogramsidentifiedbytheMTA, thespecifiedprojectsandprograms listedin paragraph (3) ofsubdivision (bJ the estimated total cost foreach projectand program, funds other than the taxrevenues that the MTA anticipates win be expended on the projects and programs, and d'ie schedule during which the MTA anticipates funds will be availableforeachprojectandprogram. TheMTAshallalsoidentifyinitsexpenditureplan the expected completion datesforeach projectdescribedin subparagraph (A) ofparagraph (3)ofsubdivision(b). Tobeeligibletoreceiverevenuesderivedfromthetax,anagency sponsoringa capital project orcapital program shall submit to te MTA an expenditure plan forits project or program containing the same elements as the expenditure plan thatMTA is required by this subdivision to prepare.
(k) No later than 365 days prior to the adoption ofan amendment describedin paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, butnotlimited to, the expenditure plan adopted by the MTA board as 'AttachmentA"in Ordinance #08-01 adoptedbyUheboardon July24, 2008, andinaddition toanyothernoticerequirementsin theproposingordinance, theboardshallnotifytheMembersoftheLegislaturerepresenting the CountyofLosAngeles ofall of thefollorwing:
(1) A description of the proposed amendments to the adopted expenditure plan bhat would do anyof thefollowing:
(A) Affect the amount ofnetrevenues derivedfiom the taximposed pursuant to this act thatis proposed to be expended on a capital project or projects identified in the adopted expenditure plan.
(B) Affect the schedule for the availability offunds proposed to be expended on a capital pro7ectorprojectsidentifiedin theadoptedexpenditureplan. (C) Affect the schedule for the estimated or expected completion date ofa capital project or projectsidentifiedin the adopted expenditure plan.
(2) Thereasonfortheproposedamendment.
(3) The estimated impact the proposed amendment willhave on the schedule, cosg scope, or timelyavailability offundingfor the capital project or projects contained in The adopted expenditure plan.

Rev: 11-1-14 2 FA Measure R Hwys Sulr Attachment B Measure R Expenditure Guidelines
93 ATTACHMENT B-1 . EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR30624 Project Title: Reconfiguration of Firestone Blvd On-Ramp to I-710 SB Freeway Project#: MR306.24

PROGRAMMED SOURCES OF FUNDS
SOURCES OF FUND!i -FY2023-24
qvt
FY2023-;14
Qtr z
-FY2023-24
Qtr 3
W
Qtr4
Q
Qtr I
m
Qtr z Q
Qtr 3
Q
Qtr 4
'
'$aTA PROGMMMfD 'FUMD'S: Start Constr. Jan-March
ii ..A'pm.,June.."-'.._.-..,_....- I
MHASURE R FUNDS: " I
PAED I
PS&E $300,000 $200,000 $150,000 $so,ooo szoo,ooo i
RW Sripport I
Congt. Support $50,000 $50,000 $50,000 $150.0001
RW I
Consh'uction .$200,000 $200,000 _$200,000
Tohil MEASURE R $0 $0 $300,000 $200,000 $150,000 $300,000 $250,000 $250,000 $1,450,0001 IS;1%P'Q9.(, lACuT4 FuNDS: ... .- .$O il . . $Q. ' _ 5oo,oath.I - $20(+,0081 " $ijO,60(i a $300,000 - $J!in,GO(i' :' s25u,r@qi =,if,@i,qbo::

SUMMARY OF ALL FUNDS I
PAED $0 $0 $0 $0 $0 $0 $0
IPS&E $0 2 iO J $200,000 .$150,000 _jg999_, ; ; $7-G0,000 RW Support g $0 $0 $0 $0 --$0
Const Support $0 $50,000 $50,000 $50,000 ---$150,000
RW i $0 $0 $0 Q -$0
Conston 2 IgJ $0 , $200,000 $200,000 $600,000--
I ,, .','. zo'@t.Hu:psvomps Q I ..,,,___.,,,$,qJl'assoo,ooo,l :.. $2%:NMl .p, p,., 5, 5,, $1;450,$00 . "nUMPR:0(,IfCMt'A.F.t%Nb*' " $Q " '$a $30€i,at>6 $iO0,000-' "$'D!ie,(ieB - lyob,Offo - $2!+b,€)€16' =- s2so,am ' "'5H,a,@' I SUM nou-ucyyh FUNDS $0 $0 $0 $0 ' $0 $0 .$0 $0 ' $0
TOTAL PROJECT FUNDING $0 $0 $300,000 $200,000 $150,000 $300,000 $250,000 $250,000 $1,450,000 94 FTIP #: LA996347
Subregion ID: Gateway Cities

ATTACHMENT C

SCOPE OF WORK
Project#: MR306.24
FA# 9200000000MR30624
PROJECT TITLE:

Reconfiguration of Firestone Blvd On-Ramp to I-710 SB Freeway (Phase IV) PROJECT LOCATION:

The project is located at Firestone Boulevard in the City of South Gate, at the I-710 SoutbJbound On- Ramp, between Rayo Avenue and Garfield Avenue.

PROJECT LIMITS:

This project limits are From Rayo Avenue to Garfield Avenue NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECI' PURPOSE:

The purpose of this project is to alleviate a Non-Standard On-Ramp, enhance pedestrian safety and traffic flow and provide a dedicated through lane to the I-710 Freeway.

PROJECT BACKGROUND:

The proposed project improvements include the reconstniction and Realignment of the I-710 Southbound On Ramp, from Rayo Avenue to the I-710 Northbound On Ramp at Garfield Avenue, provide a median island at the Western approach (from Garfield Avenue to the I-710 Northbound On Ramp) and Firestone Boulevard improvements, such as ADA ramps, High visibility crosswalks, new sidewallc and asphalt pavement.

The City of South Gate in cooperation with the Califoriiia Department of Traiisportation (Caltrans) is proposing to improve traffic operations at the Interstate Rorite 710 (I-710)/Firestone Boulevard interchange by completing Stage 2 of Phase IV (Project) of the I-710 Firestone Borilevard Interchange Reconstruction Project (Project ID 07279142300 approved June 1997). Stage 2 of Phase IV consists of reconstniction of the eastbound Firestone Boulevard to southbound I-710 direct on ramp and widening the eastbound side of Firestone Boulevard. The Project is the final stage of the I-710 Firestone Boulevard Interchange Reconstiuction Project.

This funding agreement is for Stage II of Phase IV of the project which entails the design and construction of the Firestone Boulevard I-710 South'bound On Ramp modification, Firestone Boulevard Street Improvements, new asphalt pavements, ADA Ramp modifications, tie in the new constructed liridge to the new on ramp, Railing improvements, new ADA sidewalk, landscaped median island, new irrigation system, concrete drainage inlets, concrete removal, concrete barrier, modifying lighting system, new striping and traffic signal minor modifications and other miscellaneous improvements.

PROJECI' BUDGET:

COMPONENT
PA/ED
PS and E
R/W Support
R/W Capital
Construction Support
Construction Capital
Total Budget
AMOUNT
$000,000
$700,000
$000,000
$000,000
$150,000
$600,000
$1,450,000
Rev: 05.03.19 1 FA Measure R Hwys Gen Attachment C Scope of Worlc 95 FTIP #: IA996347
Subregion ID: Gateway Cities
SCOPE:

Project#: MR306.24
FA# 9200000000MR30624
The Project features include, lrut are not limited to, the following: Firestone Boulevard Southlyound On-ramp, new Sidewalk, new ADA Ramps new Crosswalks safety lighting over the newly constructed Bridge, pavement rehaliilitation, median island rehabilitation at the western approach, sidewalk repair, drainage inlets, water pollution control, striping.

DESIGN:

I. Final Design - Plans, Speafications and Estimates Tasks to be performed indude, liut are not limited to, the following:

A. Design the ultimate build out of Firestone Boulevard and the I-710 Southbound On Ramp, based on the City reviewed "Summary Letter Report" or RFP.

B. Prepare civil roadway plans for the required improvements, consistent with City format. At a minimum, the plan set shall include Title Sheet, Site Plan, General Construction Notes, Horizontal Control, Typical Sections and Details, Plan and Profile, Drainage/BMP Structure(s) Details, Traffic Striping/Signage/Signal Plans, Street Lighting/Electrical, Bilce Lane Plans, and Median/Landscaping Plans.

C. Sulrmittal of plan set shall lie delivered at 65% and 90% complete and final (five (5) sets per submittal). When the project is complete, the Consultant shall provide AutoCAD files for all plan sheets.

D. ASSiSt the City for the Community Information Workshop after the 90% s'u'bmittal by preparing exhibits and attending workshop and be prepared to discuss concerns of the property owners along Firestone Boulevard within 500 Foot radius, particularly with issues of right-of-way acquisition.

E. Prepare construction specifications consistent with City format (SSPWC "Greenbook" APWA, current edition with updates and Caltrans Standards.

F. Submittal of specifications shall be delivered to the City at 90% complete and final. When project is complete, the Consultant shall provide a digital file of specification package in Microsoft Word format for Windows.

G. Prepare an engineer's construction cost estimate based on the itemized quantity take-off from the contract documents.

H. Submittal of the engineer's construction cost estimate shall be delivered to the City at 90% complete and final in a spreadsheet format.

II. Project Management and Preparation of Periodic Updated Sdaiedule, Deliverables and Meetings
Tasks to be performed include, lrut are not limited to, the following:
* Management of the sub-Consultant team in the preparation of plans, specifications and engineering estimates and other related documents * Coordinating with all project stakeholders including but not limited to City of South Gate, Biggs Cardosa and Associates, the consultant team, Caltrans, Los Angeles County Flood Control District, Los Angeles Department of Water and Power, utility companies, all regulatory agencies, property owners, business owners and the general public.

Rev: 05.03.19 2 FA Measure R Hwys Gen Attachment C Scope of Work 96 FTIP #: IA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
* Supervise, coordinate, monitor and review design for conformance with City and Caltrans standards, policies and procedures.
* Maintain continuous communication with the City Project Manager and Caltrans, including regular meetings with the City and Caltrans, to review the Initial Concept Plan and project status at, 30%, 60%, 90% and 100% completion. * Manage schedules and project reporting.
* Coordinate and facilitate regular meetings with City staff. * Coordinate regular meetings with Caltrans, utility companies and participating agencies as necessary to deliver the services sought herein. * Communicate work progress and schedule to affected businesses and residents as required.
* Prepare meeting agendas and minutes, with an action item matrix. Distribute to the City, and other attendees or organizations, as required. * Attend a Design Kick-off meeting with City representatives to review the project in detail.
* Evaluate and determine requirements and procedures For design, ongoing review, and coordination.
* Determine relevant issues specific to the Project and design standards. * Hold monthly progress meetings or more frequently if needed, with City staff, Caltrans, permitting agencies and utility companies as needed. * Provides construction support services during the construction phase.

Deliverables:
* Meeting Schedules, Attendance, Rosters, Matrix, Meeting Agendas and Minutes * Detailed Project Schedule
CONSTRUCI'ION:

Grantee expects to provide construction oversight, procure a consultant for construction management, award a contract for construction and to perform the following tasks:

A. Contract with a separate engineering firm to provide Constniction Management for the Project. This will lie accomplished through an RFP.

B. Contract with a Contractor for construction.

C. Conduct a "Riblion Cutting" ceremony at the completion of the Project.

The Design Consultant shall meet as needed with the Grantee to accomplish Project tasks as outlined. Meetings expected between the Consultant and Grantee shall include, l+ut not l+e limited to, Pre-Construction Meeting, progress meetings and preparation of responses to RFIs.

Rev: 05.03.19 3 FA Measure R Hwys Gen Attachment C Scope of Work 97 FTIP #: LA996347
Sulrregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
MILESTONES: The implementation schedule for this project will lie as follows.

START DATE COMPLETION DATE

SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package 3/29/2021 6/10/2021
Solicitation Response 3/9/2021 6/10/2021
Evaluations 6/1 4/2021 7/8/2021
Selection z7;xclzozi 7 /29 /2021
Board Approval 5/10/2022 5/10/2022
Contract Award 5/10/2022 5/10/2022
Fully Executed Contract 5/26/2022 5/10/2025
PS&E
65% -95% PS&E
Preliminary Investigations 10/17 /2023 3/7/2024
Preliminary Foundation 10/17 /2023 aly7;>ozo
Geometric Drawings 10/17 /2023 3/7/2024
Bridge Type Selection Roadway and Retrofit
Strategy

N/A 'N/A
ADL Review 10/17 /2023 3/7 /2024
Utilities 10/17 /2023 3/7 /2024
Right-of-Way 10/17 /2023 gly7zozo
Estimating 10/17 /2023 3/7/2024
Civic Design 10/17 /2023 3/7 /2024
Stnictural Design 10/17 /2023 3/7/2024
Rev: 05.03.19 4 FA Measure R Hwys Gen Attachment C Scope of Work 98 FTIP #: IA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
CONSTRUCI'ION MILESTONES: The implementation schedule for this project will be as fonows. Please indude all applicable milestones and provide any additiom speac activities that are not currently listed under "other."

START DATE COMPLETION DATE

SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package 6/24/2024 8/5/2024
Solicitation Response 8/6/2024 8/27 /2024
Evaluations 8/6/2024 8/27 /2024
Selection 8/27 /2024 8/27 /2024
Board Approval Process 8/27 /2024 9/10/2024
Contract Award 9/10/2024 9/10/2024
Fully Executed Contract 9/30/2024 9/30/2024

EXCAVATION
Clear/Gru'b 12/2/24 12/5/24
Survey 12/2/24 7/30/25
Sample Borings N/A N/A
Grading 2/2/25 7/20/25
Compaction 2/2/25 7/20/25
Drainage 12/2/24 7/20/25

ENVIRONMENTAL
Hazardous Materials Handling 12/14/24 12/21/24
Archaeological 12/14/24 6/14-/25
Air Quality Monitoring 12/14/24 7/30/25

CONCRETE
Form Work N/A N/A
Rebar Placement N/A N/A
Pole Placement 5/1/25 5/30/25

TRAFFIC CONTROL
TMP 11/29/24 7/30/25
SThUCIURAI,
False Worlc N/A N/A
Iron Placement N/A N/A
Pole Placement 5/30/25 7/1/25
UTILI'nES

DWP N/A N/A

SCE N/A N/A

LADOT N/A N/A

MATERIALS
Long-Lead Equipment 9/30/24 4/1 /25
Rev: 05.03.19 5 FA Measure R Hwys Gen Attachment C Scope of Work 99 FTIP #: [A996347
Sulrregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624
Staging 9/30/24 7/30/25
Material Lay Down Area
Signage 7/15/25 7/25/25

BLECI'RICAL
Power U/G Communication 4/1/25 7/25/25
A/G Testing/Acceptance 7/1/25 7/30/25

START DATE COMPLETION DATE

LANDSCAPE
Clearing 4/1/25 4/5/25
Planting 5/1/25 6/1 /25
Plant Establishment 7/30/25 7/30/26
Irrigation 4/10/25 5/1/25
Testing 11/30/24 7/30/25
General Constniction/close out project 7/15/26 7/30/26

CHANGE ORDERS
p.o. Processing Time 9/10/24 10/10/2024
Weather
Third Party Issues
Strike Lalror Walk Outs
Force Majeure
Claims 12/2/24 7/30/26
Rev: 05.03.19 6 FA Measure R Hwys Gen Attachment C Scope of Work 100
FTIP #: LA996347
Sulyregion ID: Gateway Cities
ATTACHMENT C - Location Map(s)
Project#: MR306.24
FA# 9200000000MR30624
11 Rev: 05.03.19 7 FA Measure R Hwys Gen Attachment C Scope of Work 101
FTIP #: LA996347
Sulyregion ID: Gateway Cities

FA ATTACHMENT D
Project#: MR306.24
FA# 9200000000MR306.24

PROJECI' REPORTING & EXPENDITURE GUIDELINES

REPORTING PROCEDURES
* Quarterly Progress/Expenditure Report (Attadunent D-2) are required for all projects.

The GRANTEE shall be stjbject to and comply with all applicable requirements of the funding agency regarding project-reporting requirements. In addition, GRANTEE will sulimit the Quarterly Expenditure Report to the LACMTA, after receiving LACMTA Project Manager's acceptance of the draft report, at ACCOUNTSPAYABLE(a)METRO.NET or liy mail to Los Angeles Metropolitan Transportation Authority, Accounts Payalile, P, 0. Box 512296, Los Angeles, California 90051-0296. Please note that letters or other forms of documentation may not be s'u'bstituted for this form.
* TheQuarterlyProgress/ExpendihireReportcoversallactivitiesrelatedtotheprojectand lists all costs incurred. It is essential that GRANTEE provides complete and adequate response to all the questions. The expenses listed must lie supported liy appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project.
@ In cases where there are no activities to report, or prolrlems causing delays, clear explanation, including actions to remedy the situation, must lye provided. * GRANTEE is required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter.
* The draft Quarterly Progress/Expendihire Report is due to the LACMTA as soon as possible after the close of each quarter, lyut no later than the following dates for each fiscal year:

Quarter
July -Septemlier
October - Decemlyer
January - March
April - June
ReportDue Date
Novemlyer 30
Feliruary 28
May 31
August 31
LACMTA Project Manager shall review and respond in writing to the draft Quarterly Expenditure Report within thirty (30) calendar days from receipt.

Rev: 06.18.2020
1 FA Measure R Hwys Gen Attachment D Project
Reporting & Expenditure Guidelines
102
FTIP #: LA996347
Sulrregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR306.24
Upon completion of the Project a final report that includes project's final evaluation must be submitted.

EXPENDITURE GUIDELINES
* Any activity or expense charged above and beyond the approved Scope of Work (FA Attachment C) is considered ineligible and will not lie reimliursed by the LACMTA unless prior written authorization has lreen granted by the LACMTA Chief Executive Officer or his/her designee.
* Any expense charged to the grant must be clearly and directly related to the project. * Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of the project and for the direct lienefit of the project as specified in the Scope of Work (Attachment C). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligilyility, all costs must lye necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must lye reasonalile and appropriate to the activities related to the project. @ LACMTA is not responsilile for, and will not reimlyurse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted lyy the LACMTA Chief Executive Officer or his/her designee.

DEFINITIONS
* Allowalyle Cost: To lye allowable, costs must be reasonalrle, recognized as ordinary and necessary, consistent with estalilished practices of the organization, and consistent with industry standard of pay for work classification.
* Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be adjusted to reflect a "reasonalile and customary" level. For detail definition of "reasonalile cost", please refer to the Federal Register OMB CirculamA-87 CostPrincipalsforState and Local Governments;andA-122 CostPrincipalsforNonprofitOrganizations. * Ineligilile Expenditures: Any activity or expense charged above and lieyond the approved Scope of Work is considered ineligilile.
2 Rev: 06.18.2020 FA Measure R Hwys Gen Attachment D Project Reporting & Expenditure Guidelines
103
Grantee To Complete
Invoice #
Invoice Date
FA# FA# 9200000000MR30624
Quarterly Report #
LACMTA FA MEASURE R ATTACHMENT D-2
QUARTERLY PR(XaRESS / EXPENSE REPORT
l'CMl(@)N*!' €@1'A1"11'!i!47$:4!n'!"14i!'l!')'i
Please itemize grant-related charges for this Quarter on Page 5 of this report and indude totals in this Section.

LACMTA Measure R Grant $
$1
! a_ I aa q ffi'! a I a e r ! a
z1 u J ari i ,3 3 I [ji
I J aa i a I a i r i a
This Quarter Expenditure
Retention Amount
Net Invoice Amount (Less Retaition) $
w
a y fl aa_ I * ffl'! r s a at't I a
m L -K EXl J ] p { € I! i
I a a a sz I i s t i s aa i s
Funds Expended to Date (Indude tbis
Quarter)
Total Project Budget
% of Project Budget Expended to Date
Balance Rem
Rev: 05.28.21 1 FA Measure R HWYS Gen Attachment I)-;! Quarterly Repork 104
l1%#(@)St!'g0:!NHili!tlSll)iji'iFW(@)i
PROJECI' TITLE:

FA #:

QUARTERLY REPORT SUBMITI'ED FOR:

Pisad Year:

Qumer:

DATE SUBMITTED-
IACMTA MODAI CATEGORY:
€ 2020-2021
02023-2024
OQI: Jul - Sep
[]Q3: Jan - Mar
[]RSTI
€ TDM
gTransit
[]2021-2022
€ 2024-2025
[]Q2: Oct - Dec
[]Q4: Apr - Jun
[]Pedestrian
€ Bi'7ae
OHighways
[12022-2023
[12025-2026
OSignal Synchronization
gGoods Movement
IACMTA Project Manager
Name:

Phone Number:

E-mail:

Project Sponsor Contact / Project
Manager
Contad Name:

Job Title:

Department:

City /Agency:

Mailing Address:

Phone NumLier:

E-mail:

Rev: 05.28.21 FA Measure R Hwys Gen Attachment D2 Quarterly Report 105
Fa'l(m(')Slff@l*fi!"11'!'!$7!i(@Mi4$l'!!(')i'f

1. DELrVERABLES & MILESTONES
List all deliverables and milestones as stated in die FA, whh start and end dates. Calculate dye total project durafion. DO NOT CHANGE THE ORIGINM. FA MILESTONE START AND END DATES SHOWNINTHE 2" AND 3' COLUMNS EELOW.

Grantees mustmal<e every effort to acctrrately portraymilestone rbtes in the original FA Scope of Work, since this will provide the basis for calculating any project delay If milestone Start and/Or end DATES change from thOSe Stated in the Original FA SCOpe Of WOrk, indiCate the neW DATES under ACtual Sched+de belOW and re-C.dCulate the prOjeCt duration. HOWeVer, tug does net Change the Original mile8t0neS in 70ur FA. M:fR YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUSTEE FORkfALLYS UBMIITED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN COW(IJRRENCE FA Milestones
Original FA S&edule in Scope of Work Actual Sdiedule Start Date End Date Start Date End Date
Environmental Clearance
Design Bid & Award
Design
RightofWay Acquisition
Cons'h'uction Bid & Award
Ground Breaking Event
Conshuction
Ribbon Cutting Event
Total Project Duratton (Months)
A. Based on the comparison of the origii'ial and actual project milestone scliedules above, project is (select only one) :
00n schedile per original FA schedile
OBetween 12-24 months liehind original schedule
€ Less than 12 months behind orig'nal schedile
[I]More than 24 months behind original schedule
B. Was the project design started within 6 months of the date originally stated in the FA? [2 Yes € No [2 Not Applicable
C. Was a constniction contract or capital purchase executed within 9 months after completion of design / specifications? 0 Yes [1 No 0 NotApplicable
Rev: 05.28.21 FA Measure R Hwys Gen Attachment D-2 Quarterly Report 106
List tasks or milestones accomplished and progress made t's quarter.

If project is delayed, describe reasons for delay (this quarter). Pay particular attention to s&edule delays. Ifdelay is for the same reason as mentioned in previous quarters, pleue indicate by writing "Same as Previous Quarter".

If the project is delayed (ag degaibed in #4), indude action items that have been, or wffl be, undertaken to regolve die delay.

Rev: 05.28.21 4 FA Measire R Hwys Gen Attachment D-2 Quarterly Report 107
All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. Tl'ie total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.

ITEM INVOICR # TOTAt gF.NSES CHARGHD TO [ACMTA MHASURE R GRAN ' I
2 3
4 5
G
7 8
9 10
11 12
13 TOTAL
Note:

All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Numlier column of the Itemized Listing (above).

Invoice Payment Information:

LACMTA will make all disbursements electronically unless an exception is requested in writing.

ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.

ACH Request Forms can be found at www.metro.net/callforprojects.

Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.

I certify that I am the responsiLile Project Manager or fiscal officer and representative of and that to the lrest of my knowledge and lielief the information stated in this report is tnie and correct.

Signature Date
Name Title
Rev: 05.28.21 5 FA Measure R Hwys Gen Attachment D-2 Quarterly Report 108
FTIP #: IA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

ATTACHMENT E - FTIP PROJECI' SHEET
Los Angeles Metropoman Transpor!ition Authority
206 Psmral Tramportsdlon Improvement Progmm ($000) ail!laffif'\Cll71affl ml'lM1)i'lilgl1@j!ilal1ia)'a'ajil}llji4}4'lli'l"i Pm[)escnpboaBRIDCiEN0.63al!)72,FTRE8TONE8LVD.a/ERLa!iANaELE8RlVERl!i2mW/OLONG- B-EA-CH--- ------ -ss- g.a.g--la'J-,,%YEs,,d""347-,-J474 FREEWAY Rehabffilatsl!-Iawbe&mdanto84anebmkp.addsmuldm.andupgmdebiraiFax1aFedPmi: PM:.kiseLnera-(323)583J)578 HP21L-flS7(ale)and HP21L-5267(036)
LS:N LS(iROUPt
ConjonnilyCategoiy: NON-EXEMPT
8yslem:LomlHwy Rome: Poshnile:ffl.44tnffl.44 D:O Phase:EmltPra-De4gnPhaielPAED) Complelan[)alel2{31/2(KIO Lane @ Exhk ti Lam # Pfl)@:7 kt DasecRomway and Biidgs W'ng Air8asm: SCAR Envlr [kii;. CATEGORICMJ_Y EXEMPT - 12t315 ToURaki: TdlCakLocO TollJAgbod: Hovaa.egk+c:O lh:LoiAngelea-Long !iub-Area: Rub-FJ'on:aatewayCJlies

0.00 Beadi-&intaAna C(Xl
CTIP!ilD: EA#: F'PNO:2387
RosamCode.CAX80-BRNDCiEREETORA'nON&REPLACEMENT:LNADDITIONS:RS SkxiLoe PHA!iE PRIOR 'Wa 28127 27/j 21V29 29130 BEYOND PROG TOTAL- CITY-CtlyFu PE $430 $430
" " " "' " "' " """"' " """' " " "lm " " 'm " " ""' """"' "' "' " " " ' "' " " $0 "' " " " " " " " """ " "" ' " " " " ' " ETh ' "" ' $ffll $101 j 9LIBTOTAL $g31 ...$531
DEjAOT21 - Dambon - Taa 21 PE it,717 SLY 7
RW $800 $80(1
CON 818:a $7.829
i stmomsto.:us ' sio.ws
HfiA-M%e-Local PE $ljH h4jA
Rll!} SO " ' " ' " '-"-"' "' -""M-'
aJ W.443 R443
-" """ -"-" " - ' "- ' - ' " i7AM -' -" " " "-' - ' - " -'-' - ' " - " -a- --ifAFy MR16 - Measuna R 16% Lad Ratum PE $80[1 $O[](l
RW W $0
(X)N $880 lm
i susmraia.450 -. . tl.45D
PC2!! - Lot Ai@am Cout$ %pon 'C2S' PE $134 $134
RW " WOO ' "" ' "' " "" ' $200"
"" CON 11. €14(1"' " "" ' $1.010
r--'-'----'-'---'------'-'-"--'';-sa--'- '-----'-""--'--'-'-- -'-----.-.-.-.-..-....-. -.$1,344 i I 'l'i ' i' " " " ' o"" aa' I i ' i [
i!oTAl Pe @a,*os TOTAL RllVi $l,oeo TOTAL eON: $1€.233 T(ffAl PRWRAMI)[email protected]: $21J31+ aenand Canemt.

Illado)J (aimiant
Veil eomawit
Anmdim* Cmwak
ellll Cmaiaam
)&inatln:
lThTll;4WI!-T4*tTiFm!TTiY+7ilirt-WifT' I II 1111111 reaxon.wiiy uvei ITUIII ul IF IOlal rrOjlKl laOK i}irtaaio RW $0 $0
CON $1(11 $101
j 9LIBTOTAL $g31 .. . $531
DEjAOT21 -Dambon-Tsi21 PE it,717 $tY7
RW $800 $80(1
CON 47!12!) $7.829
: somsto.:us ' sio.ws
HfiA-M%e-Local PE $ljH *4i
Rll!} SO -"'N'
aJ W,443
-" """ -"-" " - ' "- ' - ffi " i7Aa!i -' -" " " "-' - ' - " -'-' - ' " - " 'y """""-'W-
a---i7A!5'
MR16 - Measuia R 16% Lad Ratum PE $80[1 $O[](I
RW W $0
(X)N $880 lm
susmrai a,aso , si,ao
PC2!! - Lot Ai@am Cain$ %pon 'C2S' PE $134
RWI " WOO " ""' ""' "' " $200
" CON 11.040 " "
r-'-'--"''-"""'- --'-----'-'-"-""-a'fiT6r;-sia"'aa.'-'- 'a- ---'-""------ ---.-.-_._._.-.. _ It,010
="-'-
'kNllllj<llll_!l!flmlll."aa" J
' _. . ' - lll?mAi . ' - ' ,- , I
atttuiWWThii'jPffalWlllffiMffiWMWFilaa?lillYPllITffiaYItlfffif'l}ffi I F mlfflWlll1jlftlaf Rev: 06.28.2022 1 FA Measure R Hwys Gen Attachment E FTIP Project Sheet
109
FTIP #: IA996347
Subregion ID: Gateway Cities
Project#: MR306.24
FA# 9200000000MR30624

ATTACHMENT F

BOND REQUIREMENTS
The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other deM, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds").

GRANTEE admowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes or with respect to which LACMTA receives a Federal subsidy for a portion of the interest cost or the investor receives a tax credit. GRANTEE further acla'iowledges its understanding that the proceeds of the Bonds are sulrject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use win include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted liy GRANTEE to reimburse prior expendihires (or to lie received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components. GRANTEE will, for the entire time over which LACMTA's Bonds or other delyt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including olytaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined liy the LACMTA in consultation with its liond counsel.

GRANTEE will designate one or more persons that will lye responsible for compliance with the oliligations descrilyed in this Attachment F and notify LACMTA of such designations.

Rev: 05.15.19 1 FA Measure R Hwys Gen Attachment F Bond Requirements
110
Item No. 5
City of South Gate

CITY COUNCIL

AGENDA IBYLL
DepartmentDirector:

For tlie Regular Meeting ofi July 9, 2024
Oij i i Depa0ment: Public Works /l
/l
o Cervarxtes } RobHoust6n
SUBJECT: AGREEMENT WITH SEQUEL CONTRACTORS, INC., FOR THE

CONSTRUCTION OF THE TWEEDY MILE COMPLETE STREETS PROJECT, CITY PROJECT N0. 614-ST, FEDERAL PROJECT NOS. ATPL-5257 (039) PURPOSE: To award an Agreement to Sequel Contractors, Inc., ("Sequel") for the construction of the Tweedy Mile Complete Streets Project ("Tweedy Mile Project"). The project was competitively bid and Sequel submitted the lowest responsible and responsive bid.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with Sequel Contractors, Inc. ("Agreement"), for the construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST, in an amount not to exceed $7,745,175, with a construction completion schedule of 180 working days; or
b. Approving an Agreement with Sequel Contractors, Inc. ("Agreement"), for the construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST, in an amount not to exceed $8,095,175, with a construction completion schedule of 145 working days;
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney;
d. Authorizing the City Manager to approve change orders administratively up to a cumulative amount of $800,000 to be funded with project contingency funds, to expedite approval of change order work to avoid construction schedule delays; e. Authorizing the City Manager to approve pre-payments of construction progress payments for the construction contract to comply with state legislation that requires payment of invoices within 30 days;
f. Declaring the Tweedy Mile Complete Streets Project, City Project No. 614-ST, to be Categorically Exempt under Title 14 of the California Code of Regulations, Section 15301 of the California Envirom'nental Quality Act ("CEQA"); and g. Approving the Notice of Exemption for the construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST, and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office.

I 111
FISCAL IMPACT: There is no impact to the General Fund. The proposed Agreement is in the amount of $7,745,175 or $8,095,175, based on the approval by the City Council. The project is budgeted in the FY 2024/25 CIP Program in tlie amount of $9,857,082, as suinrnarized below.

ATPL Measure R Prop C SBI Measure W Gas Tax Total Budget Design Cost $225,000 $479,506 $704,506
Constructton Pliase
Constniction Conh'act (") $4,442,940 $200,000 $2,030,828 $671,407 $400,000 $7,7 45,175 Consh'uction Management $177,060 $174,840 $200,000 $551,900 Project Management $50,000 $50,000 $100,000
Staff Time/Other Costs $25,000 $25,000 $50,000
Contingency (') $304,414 $330,593 $70,494 $705,501
Total Construction Pliase $4,620,000 $200,000 $2,585,082 $1,202,000 $400,000 $145,494 $9,152,576 Total Project Costs $4,620,000 $200,000 $2,810,082 $1,202,000 $400,000 $625,000 $9,857,082 Total Current Budget $4,620,000 $200,000 $1,911,629 $650,000 $400,000 $625,000 $8,406,629 Budget Transfer $898,453 $552,000 $1,450,453
Grand Total Const. Budget $4,620,000 $200,000 $2,810,082 $1,202,000 $400,000 $625,000 $9,857,082 *Assumes Council will elect to award a contrac': in the amount of '!b7,745,175 however the actual included will follow the approval of the City Council.

ANALYSIS: The proposed Agreement was procured through a competitive bid process. The bid documents required a Base Bid and four Additive Alternate Bids. The lowest bidder was required to be deterinined based on the lowest total amount of the Base Bid and four Additive Alternate Bids. Based on this requirement, Sequel submitted the lowest responsible and responsive bid. The bid analysis is included in Attachment "A." The Tweedy Mile Business District is a thriving comi'nunity filled with businesses, high volumes of pedestrians, traffic (26K vehicles per day), events and students in route to schools.

Construction will be disruptive and impact these activities. The schedule stipulated in the proposed contract to complete construction is 180 working days, which is approximately 9 months. However, contractors were requested to also submit bids to complete construction in 145 working days, for which Sequel submitted a bid for an additional $350,000. The additional amount pays for costs such as overtime, that will be incurred due to the shorter construction schedule and need for longer workdays. The City Council may award a construction contract in the amount of either $7,745,175 for a 180-working day completion schedule, or $8,095,175, for a 145-working day completion schedule.

The PROS of the 145-working day schedule are reducing soft costs and staff time by approximately $45,000; reducing construction impacts; reducing potential for safety issues due to high volumes of pedestrian activity on a construction zone; reducing potential impacts to businesses; and allowing events such as the Tweedy Mile Fair to take place in 2025. The CONS are the additional cost of $350,000 which would be paid from the project contingency funds.

BACKGROUND: The Project is a part of the Capital Improvement Program. It proposes safety, traffic circulation, landscaping and greening and beautification improvements for Tweedy Boulevard, from Dearborn Avenue to Dorothy Avenue. Project improvements provide for 2% 112
safety, enhanced access to public transit and bike access, addressing deferred maintenance, beautification, and quality of life benefits. Project improvements include fixing the road pavement, sidewalks and ADA ramps; enhanced crosswalks of which four will have flashing lights; traffic calming measures such as curb extension, mid-block bulbouts and enhanced signage; replacing street furniture and bus stops; landscaping, sharrows, and bike racks. The Project will not change the traffic signal system or signalizing intersections or eliminate traffic lanes - two (2) in each direction will remain and will not install dedicated left turn lanes.

Intersections will not be eliminated, overhead wiring will not be placed underground, and there are no plans to construction road medians or decorative fountains.

On May 8, 2024, staff advertised the Notice Inviting Bids for construction in tlie Daily Journal.

The Project was also advertised on the City's website and PlanetBids. On June 18, 2024, the City held a bid opening at the City Clerk's office. Three (3) bids were received as summarized below. After completion of the bid analysis, Sequel was confirmed to be the lowest responsible and responsive bidder based on the total cost of the Base Bid and Additive Alternate Bid Items pursuant to Bid Documents.

Contractor Base Bid
Add. Ant.

No. 1
Add. Ant.

No. 2
Add. Ant.

No. 3
Add. Alt.

No. 4 Total Bid
Sequel
Contractors $6,202,125* $160,800 $1,296,000 $37,950 $48,300 $7,745,175 Sully-Miller
Contracting $6,7 48,465 $187,600 $1,360,000 $44,850 $55,200 $8,396,115 All American
Asphalt $8,238,154 $254,600 $832,000 $110,400 $82,800 $9,517,954 (*) Total shown in the Base Bid Es $6,202,035 whi>h was a typo.

Sequel is based in Santa Fe Springs, Califomia. It has been in business for over thirty years. Staff contacted listed references and received positive coinrnentary. The company has the capacity and experience to perform the work required under the bid solicitation. Further, Sequel has experience working for the City. They constructed the recent street improvements on Garfield Avenue, Long Beach Blvd, Imperial Highway and the Firestone/Otis intersection.

Pursuant to the guidelines of the California Environmental Quality Act ("CEQA"), this Project is categorically exempt under Title 14 of the California Code of Regulations, Section 15301, Class 1 exemption for alternation for existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes) or no expansion of use.

Construction is scheduled to begin in August 2024. Depending on Council approval, construction is planned for completion either in 180 or 145 working days.

ATTACHMENTS: A. ProposedAgreement
B. Location Map
113
AA/JL:lc
C.

Bid Schedule
Notice of Exemption
'-l 114
Attachment A

AGREEMENT FOR THE TWEEDY MILE COMPLETE STREETS PROJECT, CITY PROJECT NO. 614-ST, FEDERAL PROJECT NOS. ATPL-5257(039), BETWEEN THE CITY OF SOUTH GATE AND SEQUEL CONTRACTORS, INC.

This Agreement for the Tweedy Mile Complete Streets Project, City Project No. 614- ST ("Agreement"), is made and entered into on July 9, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Sequel Contractors, Inc., a California corporation, License No. 610600 ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties." The City and the Contractor hereto mutually agree as follows:

ARTICLE I

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with City to perfon'n and complete in good and workmanlike manner all work required by the Contract Documents for City Contract No. , which involves the Tweedy Mile Complete Streets Project, City Project No. 614-ST.

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

ARTICLE II

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensationtherefore, the contract sum of Seven Million Seven Hundred Forty Five Thousand One Hundred Seventy Five ($7,745,175) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 115

ARTICLE III

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire Agreement between the City and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Instructions to Bidders, the Accepted Proposal, the Bid Schedule(s), the List of Subcontractors, Contractor's Industrial Safety Record, the Contractors Qualification Statement, the Bid Security Fon'ns for Check or Bond, this Agreement, the Worker's Compensation Insurance Certificate, the Performance Bond, the Payment Bond, the Non-Collusion Affidavit, the Specifications, and Special Provisions and all addenda as prepared prior to tlie date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents. These form the entire "Contract", and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

ARTICLE IV

INDEMNIFICATION
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City), the City of South Gate and its affiliated entities, its officers, employees, consultants and sub- consultants, their respective officers, agents, employees (collectively the "Indemnified Parties"), from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations fumishing or supplying work, services, materials, or supplies in connection with the perfon'nance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firi'n, corporation or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the "Indemnified Parties" as stated hereinabove including, but not be limited to, paying all legal fees and costs incurred in coru'iection with any such claims, losses, lawsuits or actions. THIS

PROVISION SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED {JNDER THIS AGREEMENT AND THE OTHER CONTRACT DOCUMENTS

ARTICLE V

COMMENCEMENT, COMPLETION AND LIQUIDATED DAMAGES
Contractor shall coinmence work on a date to be specified in a written Notice to Proceed from the City's Director of Public Works and shall complete all work within One Hundred and Eighty (180) working days thereafter (subject to "force majeure" delays, if any, to the extent allowed under the Contract Documents). If the work is not completed within that time, Contractor shall owe and pay to the City liquidated damages in the amount or amounts set forth in the Contract Documents. 116

ARTICLE VI

EFFECTIVE DATE
Tl'iis Agreement shall become effective and commence on July 9, 2024.

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:

BY:

Gil Hurtado, Mayor
Dated:

ATTEST:

By:

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

DRAFT
B7:

Rail F. Salinas, City Attorney
SEQUEL CONTRACTORS, INC.

BY:

Thomas Pack, President
Dated:
"7
117

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

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

DATED:

SEQUEL CONTRACTORS,
Contractor
INC.

B37:

Thomas Pack
President
Title
ATTEST:

BY:

Signature
Title
118
mDEMNIFICATION AND LIABILITY INSURANCE REQUIREMENTS The following requirements must be met when submitting insurance certificates to the City of South Gate in connection with Public Works and other projects:

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

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

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

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

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

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

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

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

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

4. Course of Construction insurance covering for "all risks" of loss. Earthquake and flood insurance is not required to be furnished by the Contractor 119
Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other fon'n with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project which is the subject of this Agreement and tlie location where work thereunder is to be performed, or the general aggregate limit shall be twice the required occurrence limit.

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

3. Employer'sLiability: $1,000,OOOperaccidentforbodilyinjuryordisease.

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

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

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

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, or modified, by either party, except after thirty (30) IC) 120
days' prior written notice by certified mail, return receipt requested, has been given to the City.

Course of construction policies shall contain the following provisions:

The City sliall be named as loss payee.

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

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

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

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

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

SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED

UNDER THIS AGREEMENT
121

THE TWEEDY MILE COMPLETE STREETS PROJECT
CITY PROJECT N0. 614-ST

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

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

THE CONSTRUCTION OF THE TWEEDY MILE COMPLETE STREETS PROJECT, CITY PROJECT N0. 614-ST; and
WHEREAS, said Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required under tlie ten'ns of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, Contractor and as Surety,
are held and firmly bound unto the City in the penal sum of Seven Million Seven Hundred Forty- Five Thousand One Hundred Seventy Five ($7,745,175) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firnnly by these presents.

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Contract, the work to be performed thereunder, or the specifications that accompany the Contract shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work, or the specifications.
12 122
Note: All signatures must be acknowledged before a notary public. Attacli appropriate acknowledgi'nent.

CONTRACTOR NAME:

SEQUEL CONTRACTORS, INC.

By:

Name
Title: President
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
BY:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

BY:

Raul F. Salinas, City Attorney
13 123

THE TWEEDY MILE COMPLETE STREETS PROJECT
CITY PROJECT N0. 614-ST
100% PAYMENT BOND
WHEREAS, the City of South Gate, South Gate, California ("City" herein), lias awarded to Sequel Contractors, Inc., ("Contractor" herein) a Contract for the work described as follows:

THE CONSTRUCTION OF THE TWEEDY MILE COMPLETE STREETS PROJECT, CITY PROJECT N0. 614-ST
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, to secure the payment of claims of laborers, mechanics, material suppliers and otlier persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of Seven Million Seven Hundred Forty-Five Thousand One Hundred Seventy Five ($7,745,175) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or the work to be perfornned thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration or modification of the Contract Documents or ofwork to be performed thereunder.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Contractor and Surety on , 2024.
1'4 124
Note: All signatures must be acknowledged before a notary public. Attach appropnate acknowledgment.

CONTRACTOR:

SEQUEL CONTRACTORS, INC.

By:

Name
Title:
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
BY:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

BY:

Raul F. Salinas, City Attorney
rS125

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY

EACH AWARDEE OF A PRINCIPAL CONTRACT

ST ATE OF CALIFORNIA

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

Signed
Title
Subscribed and sworn to before me this day of , 2024.

Notary Public
(Attach Notary Certificate)
126
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H )uauitpg))y 127
TWF.EDY MILE COMPLETE STREETS PROJF,CT
CITY PROJECT N0. 614-ST, FEDERAL PROJF,CT NO. ATPL-5257 (039)

BID MATRIX
S 7,245,175.00
2% $ 144,903 50
5% S 362,258 75
Attachment C
DATF- (!1)112024
BY JL
7,930,115 0(I
158,602.30
396,505 75 448.397 72
ENGINEER'S ES7DA_ATE SEQIIEL CONTRACTOR INC ST_+LLY-lvlILLER CONTRACTING CO AIL AMERJ:AN ASPHALT NO. IT EM DESCRIPTION QTY UNIT UIillT PRICE TOT 11L ffl PRiCE TOTAL {JNIT PRICE TOTAL UNTT PRICE TOTAL l* )lIObill2atiOn I Demobihzalion (nil tO eXceed 2% Of conitruction COtt) l LS $ 144,291 00 S 144,291.00 S 150,000 00 $ 150,000 00 $l34.ooo.oo S 134,000.00 :[ 150,000 00 S 150,000 00 2* Traffic Conliol (not io exceed 5% of conthuction cott) l LS $ 360,728.00 $ 360,728 00 $ 350,000.00 $ 350,000 00 S332,000 00 $ 332,000 00 S 400.000.00 $ 400,000.00 3 Stortn Waiet Pollution Preveniion Plan (Allowance) I LS S 40.000 00 $ 40,000 00 $ 40,000 00 S 40,ODD 00 S 40.000.00 S 40,000 00 $ 40.000.00 $ 40,G[)0.00 4 Remove Exittuig Pavei C+ottwalk and Contlrucl 9.5'a AC Pavement (Type B- PCi 64-10) Bate Courxe
4,710 SF S 2200 :[ 103,620.00
$ 35.00 $ 164,850.G0 $ 2000 S 94,2G0.00 $ 40.00 S 188,400.00 5 Demol!ilon / Unclas4ed Excavarrori 1.950 CY $ 350 00 $ 682,500.00 S 420 00 S 819,000.00 $ 350 00 $ 682,500 00 S 425.00 $ 828,750.00 6 Cold Mtll AC Pavement, 2" Depth 39,300 SF $ 050 $ 19,650.00 $ 1.00 S 39,300.00 $ 1.00 S 39,300 00 S O.46 $ 18,078.00 7 Cold Mlll AC Pavemenli 2.5 =Dep[li 301,100 SF S O.60 $ 180,660.0(] S 090 $ 270,990.00 $ 070 S 210,770.00 $ 0.56 $ 168,61600 8 Cans(rucf 2.5"ARFnvfJ3G Pnvemenl Overlay 5,170 TON $ 150.00 $ 775,500.00 $ 142.00 S 734,140.00 S 15000 S 775,500 00 $ 15000 S 775,500.00 9 Conslnrcl 9 5" AC Pavemenl (Type B-PG 64-1 D) Base Corirse 600 TON $ 15000 $ 90,000 00 $ 150.00 $ 90,000.00 S 235.00 $ 141,000 00 $ 350.00 $ 210,000 00 10 Consinrcr 6"AC Prwerwnr (Type B-PG 64-10) Base Course 1.265 TON $ 15000 $ 189,750 00 $ 1S5G0 $ 196,075.00 $ 225.(10 S 284,625 00 $ 350.[10 $ 442,750 00 11 Conthiict 2a' ARHM-GG Pavement Overlay 485 TON $ 15000 $ 72,750.00 S 200.00 $ 07,000.00 $ 260.00 $ 126,1[10.00 $ 15000 $ 72,750.00 12 Consrnra Variable Heiglu PCC Curb and 24" Guller Char 6 = ClVfB 1,675 IF S 50.00 $ 83,750.00 S 65.00 $ 108,875.00 $ 11000 $ 184,250.00 S 150.00 $ 251,250.00 /3 Construcr 4"PCC Sldewalk Over 3" CbrB 8,955 SF $ 14.00 $ 125,370.00 $ 16.00 S 143,280 00 $ 22 00 $ 197,010.00 S 25.00 $ 223,875.00 14 Continid 4!' PCC Decorative Sidewalk Over 3'a CMB I
3,100 SF S 2500 $ 77,500 00 S 20.00 $ 62,000.00 $ 20.00 $ 62,000.OG $ 28.00 , $ 86,800.00 I
15 Construcl 4" PCC Curb Ramp Over 3" CMB ivitli De[eclable Warnlng ' Surface
26 I S 8,000.00 ' $ 208,000.00
I
$ 4,100.00
I
$ 106,600.00 S 3,300.00
I
S 85,800 00 $ 15,000.00 s 390,000.00
16 Remove Exishng and Conslrud 4" P CC Curb Ramp Over 3 aa ChfB wifli Deecrable Warning Surface
56 EA $ 10,000 00 $ 560,000.00
$ 6,000.00 $ 336,000.00 S 7,500.00 S 420,000 00 $ 19,000.00 $ 1,064,000.00 17 :ontlnicl Variable Heighi PCC Retaining Curb Over 6" CMB 140 LF $ 50.00 $ 7,000.00 $ 39.00 $ 5,460 00 $ 110.00 $ 15,400.00 S 11000 S 15,400.00 18 Consrrucr 12" PCC Pavement Chier 8" CMB 435 SF $ 4000 $ 17,400.00 S 25.00 $ 10,875.00 S 55.00 $ 23,925.00 $ 80.00 $ 34,800 0f) 19 Remove Exitting and Consh-ucl P Thick PCC Dnyeway Over 6" CMB 700 SF $ 35.[)0 S 24,51:10.(10 $ 28.00 $ 19,600.00 $ 45.00 $ 31,500 00 $ 50.00 $ 35,000 00 20 Uru_lasslfied Flll 80 CY S 100.00 $ 8,000.00 S 10000 $ 8,000.00 $ 250.00 S 20,000.00 S 20000 $ 16,000.00 21 Fumith and [nilall Under Sidewalk Rectangular Drain Pipe 330 LF $ 300.00 $ 99,000.00 S 150.00 $ 49,500.00 $ 200.00 S 66,000.00 S 335.00 $ 110,550.00 22 Coiiifmcl airb )rain 280 LF $ 75.00 $21,00000
S 20 GO $ 5,600.00 S 175.00 S 49,0(1(1 00 $ 105.00 $ 29,400 00 23 Consh'uci 8" TliickPCC Parrial Local Depression Over 6" CMB 155 SF $ 26.00 $ 4,030.00 $ 20 00 $ .i,ioo.oo S 60 00 $ 9,300.00 $ 60.00 s 9,300.00 24 ConslruclPaver Crossmlks 8,930 SF $ 55.00 $ 491,150.00 S 65 00 $ 580,450.(10 s sg.oo S 794,770.00 S 75.00 $ 669,750.00 25 Double Adjutlment of Water Valve )o Grade 5 IFA $ 600.00 $ 3,000 00 $ 2,000.00 $ 10,000.00 S 1,075.00 $ 5,375.00 $ 2,000 [)O $ 10,000.00 26 Double Adjuttment of Gax Valve to Orade 4 EA $ 600,oo 5 2,400.00 s ;i,ooo.oo $ 8,000.00 $ 1,075.00 $ 4,300 00 $ 2,000.00 $ 8,000.00 27 DOuble Adjustment of SeWe+ MEmbOle Frame & COVe+ 10 Grade I EA S 1,200.00 s 1,200.00 $ 2,500.00 $ 2,500 DO $ 2,700.00 $ 2,700.00 $ 2,000.00 28 Adjutl Tmfjic Signal Pull Box to Grade 22 EA $ 600 00 $ 13,200.00 S 400.00 S 8,800.00 s 970.00 S 21 ,340.00 S 1,000.00 29 Adjutt Street Lighluig Pull Box to Grade 5 EA $ 60000 S 3,000 00 $ 400.00 $ 2,000.00 S 600.00 !! 3,000 00 S 80000 30 Adjutl Electric Pull Box to Grade 4 EA S 600.00 s 2,400 00 $ 400 00 $ 1,600.00 :! 1,400.00 $ 5,600.00 $ 1,600.00 31 Adjutt Water Meter to Grade 2 HA S 600 00 S 1,20000 $ 40000 $ 800.00 S 3,000.00 $ 6,000.00 $ 1,200.00 32 Adjutt Gar Meter 10 Grade 17 HA $ 600.00 $ 10,200.00 $ 40000 $ 6,800.00 $ 2,500.00 $ 42,500.00 S l ,200 00 33 Remove and Salvage Exiituig and Conttruct New Fhe Hydrant 2 EA $ 15,00000 $ 30,000 00 $ 15,000.00 $ 30,000.00 $ 40,000.00 S 80,000 00 S 28,500 00 34 Inttall Vehicle Detector Loopt 96 EA $ 72000 S 69,12000 $ 600.00 $ 57,600.00 $ 700.00 $ 67,200.00 $ 700.00 35 Remove Existmg and Coiistnict 12'a PCC Pavement Over 8= CMB 190 SF $ 55 00 $ 10,450.00 $ 3500 $ 6,650.(10 $ 85.00 $ 16,150.(0 $ lOO.O(I 36 Remove Exitting and histall New Rigid Metal Vehicle loop Detector Stub Out
40 EA % 1,000.00 5 40,000 00 $ 200.00 $ 8,000.00 S 1,20000 S 48,000 00 S l .400 00 37 Remove Exttling Deaeaning Trees 5 EA S 950.00 $ 4,750 00 s .i,ooo.oo S 15,00000 S 1,600.00 s s,ooo.oo $ l ,800 00 1,9128
38 Furnrsh & Inslall 4 ' Tnll Green Siirggn Barrier al NewPaiklels 104 LF $ 24000 $ 24,960 GO S 480.00 $ 49,920 00 $ 225.00 S 23,400.00 S 70000 $ 72,800.00 39 Furnlsh arid Insiall 6' Lnr5z 57ggt Pedeslrian Bencli wrlh Back Aitiis. and Hear DMder
14 EA $ 3,540.00 S 49,560.00 $ 3,500.00 $ 49,000 00 $ 4,200.00 s ss,soo.oo $ 3,200 00 $ 44.800.00 40 36a' Box Tree Plant+ng 7 EA S 1,100.00 $ 7,700.00 $ 1,500.00 s io,soo.oo S 1,600.00 $ 11,200.00 $ 1,500 0f) $ 10,500.00 41 F+unith and Inttall Top-Opening Watte Container Assembly 104 EA S 3,060.00 $ 318,240.00 $ 2,800 00 $ 291,200.00 $ 3,100.00 S 322,400.00 $ 2,700 00 $ 280,800.00 42 l"iu'iiisli and }ufiill SJggl Brcycle Rack 28 EA S glO.OO $ 22,680 00 s 1,200.Q0 $ 33,600.G0 S 1,600.00 S 114,800 00 $ 1,300.00 S 36,400 00 43 Fumith and Intlall P+erabncafed But Shelter 3 HA $ 18,900.00 $ 56,700 00 S 30,000.00 $ 90,000.00 $ 32,200.00 $ 96,600.00 $ 26,000.00 $ 78,000 00 44 Soil Tett+ng and Report, Soil Amendment, and Finith Grading in Landtcape Areat
2,500 SF $ 650 $ 16,250.00 :[ 150 S 3,750.00 S 3.00 $ 7,500 GO $ 3.00 s 'i.soo.oo 45 24 = Box Tree Plamrng j5 EA $ 780 00 $ 11,700.00
S 1,000.00 S 15,00000 $ 770 00 S 11,550.00 $ 1,000.00 $ 15.OGOO0 46 I Gallon Vinet for Gieen Screen 16 EA $ 160.00 $ 2,560.00 $ 30.00 S 480.00 $ 20.00 $ 320.00 $ 25.00 :[ 400.00 41 l Gallon Shnibt and (xound Covert 400 EA S 35.00 $ 14,000.00 $ 35.00 $ 14,000 00 $ 15.00 $ 6,000.00 $ 20.00 S 8.000.00 48 Ta Thu:k Layer Shredded Bark Mulch Th+oughoul Landtcape Areas 2,500 SF $ 5.50 $ 13,750.00 S I .00 S 2,500.00 $ 300 $ 7,500.00 $ 3.00 $ 7.500.00 49 52-Week Contractor Matntenance Period l LS $ 36,000 00 $ 36,000.00 S 65,000.00 $ 65,000.00 $133,[)00.00 S 133,000 00 S 135,000 00 $ 135.000.00 50 ATOT USED s s s s S- $ s $
51 * Traffic Signal Modification at Tweedy Boulevard and Victona Avenue } LS $ 46,380.00 $ 46,380 00 $ 110,000.00 $ 110,OOO.O[) S 116,t)00.OG $ 116,000.00 $ 60,000.00 $ 60.000.OG 52 * InstaU Rectan@ilai Rapid Flaihing Beacon Syttem at Tweedy Boulevaid and Elizabelh Avenue
l LS $ 110,000.00 S 110,000.00 S 60,000.G0 $ 60,000.00 $ 40,000.00 $ 40,000.00 $ 80,000.00 $ 80.000.00 53 *
Intiall Rectangulai Rapid Flathing Beacon System ai Tweedy Boulevard and San Gabriel Avenue
I LS $ 110,000.00 s no,ooo.oo
$ 60,000.00 $ 60,GO0.00 $ 43,000.00 $ 43,000.00 S 80,000.00 $ 80.000 00 54 *
hittall Rectangular Rapid Flaihtng Beacon Syttem at Tweedy Boulevard and San nuit Avenue
I LS S 110,000.00 $ 110,000.00 $ 60,000.00 $ 60,000.00 $ 37.000.00 $ 37,000.00 $ 70,000.00 $ 70.000.00 55 *
Install Rectangular Rapid Flaxhing Beacon Sytiem at Tweedy Boulevaid and Domthv Avenue
I LS $ 110,000.00 $ 110,000.00r $ 60,000.00 $ 60,000.00 $ 43.GO0.00 $ 43,000.00 $ 80,000.00 $ 80,000.G0 56 Remove EXitiig and intiall Signing. Striping, Pavement Marffigt, Raided Pavemeni Matkert, and Curb Matkingt
l LS S 246,500.00 S 246,500 00 S 325,000.00 $ 325,000.00 $263,000.00 $ 263,000.00 $ 320,000.00 $ 320,000.00 57 Remove ExisNngandFurmsh and(nsrall WayfindrngSrgns 120 EA $ 2,500.00 S 300,000.00 $ 750.00 S 90,000 00 $ 720.00 S, 86,400.00 $ 900.00 $ 108.000.00 58 Furnlsli and rm(all Crinsrruclion Priec[ mgns 4 EA $ 2,500.00 S 10,000.00 $ 2,GO0.00 $ 8,000.00 $ 320.00 $ 1,280.00 $ 1,600.00 $ 6,400.00 59 Rerwve Exrsl[ngand Conslruc[ 4 =PCC Srdewalk Over 3" CMB 1,970 SF $ 22.00 $ 43,340.00 s ;io.oo $ 39,400.00 $ 45.00 S 88,650.00 S 24.00 $ 47.280 GO 60 Remove Exitting PCC Curb Ramp and Contlruct 4= PCC Srdewalk Over .T' CMB
290 SF $ 22.00 $ 6,380.00
$ 20.00 $ 5,800 00 $ 55.00 $ 15,950.00 $ 75 00 s 21,750.0fi 61 Remove FxisNng and Comtruc( 9.5 = AC (ype B-PG 64-1 0) Pavemenl Reparr 2,460 SF S 20.00 $ 49,200.00 $ 18.00 $ 44,280 00 $ 25.00 S 61,500.00 $ 20.00 S 49,200.00 62 Remove Exitting and Cnntinict Variable Height PCC Curb Over 6" CMB 30 LF $ 80.00 S 2,400.00 $ 125.00 $ 3,750.00 $ 300.00 $ 9,[)00.00 $ 110.00 $ 3,300.00 63 Double Adlusrmenl of Srorm Drain Manhole Frame & Cover ro Grade 5 EA $ 1,200.00 $ 6,000.00 $ 2,500 00 $ 12,500.00 S 2,700 00 s ig,soo.oo S 2,231.09 $ 11,155.45 64 Relocale Exrsling Sfrget Lkghl Pole 6 EA s ro,ooo.oo S 60,000 00 $ 25,000.00 $ 150,000.00 $ 13,000.00 S 78,000.00 $ 15,000.00 s go,ooo.oo TOTAL$ S 6,361,369.00
ADDITIVE ALTERNATE Bn) ITEMS
t $ 6,748,465.00 $ 3238,154.45
ENGINEER'S ESTIMATE SEQ{JBL CON'rRACTOR INC S(JIIY-Mlu.a CONTRACTIN(i CO. ALL AM)J:AN ASPHALT NO. m_M DESCIIJPTION QTY [HNTT UNIT PRICE TOTAL [WT PRICE TOTAL W PRICE TOTAL {JNIT PRICE TOTAL Al Fumith and hittall NorThporl Embedded Steel Bollaid With Concrete Footing 67 HA $ 3,500 00 $ 234,500.00 S 2,400.00 $ 160,800 00 $ 2.800.(10 S 187,600.00 $ 3,800.00 $ 254,600.00 .42 llgniovs Exlsl!ng and Construct Nesv Parkle[s 32 Err $ 28,000.00 $ 896,000.00 S 40,500.00 $ 1,296,000.00 $ 42,500 00 $ 1,360,000.G0 $ 26,GO0.00 $ 832,000.00 A3.1 Remove Exitting and hiitull New Pedestrian Heads at Sipalized Intettec(iont 69 HA $ 2,340.00 $ 161,460.00 $ 550.00 $ 37,950.00 S 650.00 $ 44,8501)0 S 1,600110 $ 110,400.00 A3.2 RemoveExittuig and Inttall New Pedetirian Puth Buttont at Signalized hiteiteclions
69 EA $ 960.00 $ 66,240.0[) S 700.00 $ 48,300.00 $ 800.00 $ 55,200.00 $ 1,200.00 5 82,800.00 TOTAl$ S 1,358,200.00
AWARD OF PROIECT S 7,719,56').00
DEDUC'm'E Bn) ITEMS
$ 1,543,050.00
S 7,745,175.00
1,647,650.00
S 8,396,115.00
S 1,279,81)0.00
S 9.517,954.45
ENGINEER'S ESTIMATE SEQUEL CONTRACTOR INC SULLY-MIl[.ER CONTRACTING CO ALL AMERI:AN ASPHALT NO. mM DESCRIPTION Q'IY UNIT {JNff PRICE TOTAL UNff pmcp, TOTAL UNIT PRICE TOTAL W PRICE TOTAL. 7 DEDUCT Cold Mdl AC Pavement, 2 T Depth 314,000 SF $ (0.60) $ (188,400.00) $ 0.90 $ (282,600 00) S (0 70) $ (219,800.00) $ (0.56j $ (175,840 00 iq129
8 DEDUCT Construct2 5= AIUIM-CiCi Pavenienl Overlay 5,360 TON S (15000) $ (804,000 00) S 142.00 $ (761,120.00) $ (150.00) $ (804,OGO.GO) S (0 72) $ (3,859 20) 7A ADD Cold Mill AC Pavement, 3= Depth 314,000 SF S 070 S 219,80000 S 1.25 $ 392,500.00 S 080 S 251,200 00
I
$ 150i €
8A ADD Contlnicl I = AC Pavenienl (Type B-PG 64-10) Bate COO}!e 2,140 TON S 150.00 $ 321,000.00 S 168001 !: $ 14500 $ 310,300 GO S 16800 :[ 359,520 00 8B ADD Conslnicl 2'a ARHM-(iG Pavemenl Overlay 4,280 TON $ 150.00 $ 642,000.00 S 178.70 $ 764,836.00 S 143.00 S 612,040 00 $ 155.00 S 663,400 00 m
130
NOTICE OF EXEMPTION Attachment D
TO: County Clerk/Registrar-Recorder
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy
Norwalk, CA 90650
FROM: Public Works Department
City of South Gate
8650 California Avenue
South Gate, CA 90280-3075
Project Title and Location (including county):

The Tweedy Mile Complete Streets Project, City Project No. 614-ST is located Dearborn Avenue to Dorothy Avenue, South Gate, CA 90280, County of Los Angeles.

Project Description: The Project proposes to enhance pedestrian, bike and motorist safety, implement traffic calming measures and address issues of deferred maintenance. Proposed improvements include high visibility crossing enhancements and corner bulb-outs at 11 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 from Dearborn Avenue to Dorothy Avenue.

Name of Public Agency Approving Project:

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

Arturo Cervantes, P.E., Assistant City Manager/Director of Public Works - City of South Gate Exempt Status: (Check one)
[1 Ministerial (Sec. 21080 (b) (1); 15268);
0 Declared Emergency (Sec. 21080 (b) (3); 15269(a));
[] Emergency Project (Sec. 21080 (b) (4); 1 5269(b) (c)); 0 Emergency Project (Sec. 21080 (b) (4); 1 5269(b) (c)); § Categorical Exemption: Section: "1!):3o'l Class: jCg [] Statutory Exemption: Section: Class:

Reasons why project is exempt:

This project is Categorically Exempt under Existing Facilities Section 15301 Class I(c) under alternation for existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and) with negligible or no expansion of use.

Lead Agency Contact Person and Phone Number:

Arturo Cervantes, P.E., Assistant City Manager/Director of Public Works - City of South Gate 323-357-9567 acervantes(a,soqate.orq
Prepared and filed by the South Gate Public Works Department by:

Signature
Arturo Cervantes, P.E., Assistant City
Manager/Director of Public Works
Printed Name and Title Date
131
()flice o! ihe
;;outh Gate City Clerk
Item No. 6
JUL 03 202Ji
FILED
')-,84t4
City of South Gate

CITY COUNCIL
A=L-?JIDA JE3J[J1,T[,,
DepartmentDirector:

SUBJECT: AGREEMENT WITH GANNETT FLEMING, INC., FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TWEEDY MILE COMPLETE STREETS PROJECT, CITY PROJECT N0. 614-ST, FEDERAL PROJECT NOS. ATPL-5257(039)
PURPOSE: To award a construction management services agreement for the Tweedy Mile Complete Streets Project ("Tweedy Mile Project"). The project is scheduled to start construction in August of 2024.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an agreement with Gannett Fleming, Inc., to provide Construction Management and Inspection Services ("Agreement") for the construction of the Tweedy Mile Complete Streets Project, City Project No. 614-ST in an amount not-to-exceed $551,900;
b. Authorizing the City Manager to approve and execute amendments up to a cumulative amount of $100,000; and
c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. The proposed agreement is in the amount of $551,900, and it will be funded with $177,060 from the Active Transportation Program Cycle 6 Grant Funds, $100,000 in Prop C Funds and $274,840 in SBI Funds.

ANALYSIS: The Tweedy Mile Project is in the Capital Iinprovement Program. Design has been completed, construction bids have been received, and start of construction is planned in August 2024. Construction may be completed in either 180 or 145 working days, as selected by the City Council. The Department of Public Works, Engineering Division, needs a construction management services consultant to oversee construction and inspection of the Tweedy Mile Project. It requires hundreds of hours of effort to manage and inspect beyond the capacity of the Engineering Division. A Request for Proposal ("RFP") was issued for construction management services, and Gannett Fleming, Inc. ("Gannett") was the highest ranked consultant. The fee proposal received was negotiated from $624,964 to $551,900. Fee adjustments were made to "right-size" the fee to the needs of the Project. The negotiated fee proposal of $551,900 is 1 132
reasonable and within the acceptable industry standards for construction management services.

The proposed contract amount of $551,900 is the service fee needed to manage construction of the project with a 180-working day completion schedule. If the Council elects to award a construction contract based on a 145-day completion schedule, then the proposed contract amount may be reduced by approximately $37,000. Cost savings are not higher, because Gannett would incur additional costs such as due to longer work days and overtime.

BACKGROUND: The Project is a part of the Capital Improvement Program. It proposes safety, traffic circulation, landscaping and greening and beautification improvements for Tweedy Boulevard, from Dearborn Avenue to Dorothy Avenue. The vision for Tweedy Boulevard is to transform the corridor into an attractive urban environinent with a diverse mix use. These elements have safety, transportation, beautification, and quality of life benefits.

A construction agreement is scheduled to be awarded by the City Council on July 9, 2024. As such, an agreement for construction management and inspection services is now necessary. Staff recommends awarding an agreement to Gannett to manage the construction activities under the Tweedy Mile Complete Streets Project.

On April 15, 2024, the RFP was released electronically through Planetbids, published on the City's website, and advertised in trade jownals. On May 9, 2024, six (6) proposals from perspective consultants were submitted to the City Clerk's Office. A panel comprised of three members (City Traffic Engineer, Principal Engineer and Senior Engineer) reviewed and short- listed proposals and interviewed the top three consulting firms. This qualification-based selection process weighed several factors such as project manager and team qualifications, experience on similar projects and understanding of technical issues. Based on the criteria, Garu'iett received the highest ranking from the panel.

Gannett Fleming, Inc., provides the following benefits to the Project:
* Experienced Consulting Firm - Gannett is a civil engineering firm establisl'ied in 1915 witl'i several hundred employees. Gannett specializes in the provision of construction management construction inspection, plan review, project management, and other civil engineering services. Gannett has successfully delivered similar projects for cities such as South Gate, Pico Rivera and City of Los Angeles. * Qualified Staff - The selected construction manager is a registered Civil Engineer and Qualified SWPPP Practitioner. He has more than 30 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. The construction inspector has 32 years of experience as a Senior Public Works Inspector for a wide range of projects, with a significant amount of public works construction observation and special inspection experience.
* Negotiated Competitive Fees - Gannett submitted an original fee proposal of $624,964, which was negotiated to $551,900 and includes a total of 2,138 hours of service for the 9- 2 133
month construction schedule.

The proposed Agreement offers the services needed for construction including administration, construction management, inspection, labor compliance, materials testing and utility coordination.

Construction is scheduled to begin in August 2024.

ATTACHMENTS: A. ProposedAgreement
B. Location Map
C. Budget Sumi'nary
JL:lc
3 134
Attachment A

AGREEMENT FOR PROFESSIONAL SERVICES FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TWEEDY MILE COMPLETE STREETS PROJECT, CITY PROJECT N0. 614-ST, FEDERAL PROJECT NO. ATPL-5257 (039), BETWEEN THE CITY OF SOUTH GATE AND GANNETT FLEMING, INC.

This Agreement for Construction Management and Inspection Services ("Agreement") is made and entered into on July 9, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Gannett Fleming, Inc., a California corporation ("Consultant"). The City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties.

RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services relating to Construction Management and Inspection Services for Tweedy Mile Complete Streets Project, City Project No. 614-ST ("Project");
WHEREAS, Consultant warrants to City that it has the requisite skills, la'iowledge, qualifications, manpower and expertise to perform properly and timely the professional services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perfon'n the professional services described in the Proposal attached hereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

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

2. COMPENSATION. The total amount of compensation for this Agreement shall not exceed the sum of Five Hundred Fifty-One Thousand Nine Hundred Dollars ($551,900) as described in Exhibit "B." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the Assistant City Manager /Director of Public Works.

2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between the Consultant's office and City Hall shall not be billable; however, mileage is an allowable charge reimbursable at the federal rate. Consultant may request an exemption on a case by case basis.

2.2 Consultant shall submit to City a monthly invoice for services rendered included in 135
Agreement for Professional Services
Gannett Fleming, Inc.

Page 2 of 10 ends

Exhibit "A." City shall pay Consultant within forty-five (45) days of receipt of the lnVOlCe.

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

TERM OF AGREEMENT. This Agreement is effective as of July 9, 2024, and will remain in effect for a period of two (2) years from said date or until Project completion, unless otherwise expressly extended and agreed to by both Paities in writing, or terminated by either Party as provided herein.

CITY AGENT. The Assistant City Manager/Director of Public Works, for the purposes ofthis Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Assistant City Manager /Director of Public Works has the authority to provide that approval or authorization.

CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located within City which may be affected by the services to be performed by Consultant under this Agreement. Consultant further represents that in perfoimance of this Agreement, no person having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will imi'nediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.

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

GENERAL TERMS AND CONDITIONS.

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

6.2 Termination for Cause.

6.2.I City may, by written notice to Consultant, terminate the whole or any part 136
Agreement for Professional Services
Gannett Fleming, Inc.

Page 3 of 10 ends

South Gate City CouncilJuly 9, 2024

South Gate City Council
July 9, 2024