RECEIVED City ofsouth Gate Item No. 8

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1 RECEIVED City ofsouth Gate Item No. 8 JUN 6 LU6 CITY COUNCIL CITY OF SOUTH GATE AGIEN irm Nb OFFICE OF THE CITY MANAGER Ici.OOOJl F the Regular Meetg oft June Origi atg Department: Public Wks Department Head: A tu o Cervantes City Manager: chael Flad SUBJECT: AMENDMENT NO. 1 TO CONTRACT NO WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. (FORMERLY KNOWN AS APA ENGINEERING, INC.) FOR CONSTRUCTION MANAGEMENT SERVICES ON THE STATE STREET PARK AND SAFE ROUTE TO SCHOOL (SR2S) CYCLE 8 AND 9, CITY PROJECT NOS. 487-PRK AND 449-TRF PURPOSE: On December 7, 2015, construction began on the State Street Park and Safe Route to School (5R25) Cycle 8 and 9 Project. After construction began, staff secured authization from the Los Angeles Department of Water and Power (LADWP) to start construction on State Street Park; however, a number of design changes were mandated by LADWP to construct the improvements with their right-of-way. Consequently, the construction schedule was extended by 60 wkg days. Amendment No. 1 will provide f construction management and spection services f the additional wkg days. May W.H. (Bill) De Witt owns property close proximity to the project site, and should consider recusg himself from takg action on this matter. RECOMMENDED ACTIONS: a. Approve Amendment No. 1 to Contract No with Engeerg Resources of Southern Califnia, Inc., (fmerly known as APA Engeerg, Inc.) f construction management and spection services f an additional 60 wkg days through November 2016, on the State Street Park and Safe Route to School (SR2S) Cycle 8 and 9 Projects, City Project No. 487-PRK and 449-TRF, an amount not to exceed $56,000; and b. Authize the May to execute Amendment No. 1 a fm acceptable to the City Attney.,\14.ISCAL IMPACT: There is no impact to the General Fund. Amendment No. 1 is budgeted? Account Nos ($30,000), and ($26,000) f the State Street Park, and SR2S Cycle 8, respectively. The revised contract budget is summarized below. Prop 84 Gas Tax SR2S Grant Measure R Total Origal Contract $161,270 $33,600 $27,490 $ Amendment No. 1 $30,000 $16,000 $10,000 $56,000 Revised contract $191,270 $49,600 $27,490 $10,000 $278,360 ANALYSIS: The design changes were needed to meet I,ADWP s maximum height requirements and transmission les clearance zone requirements. Design changes were made to proposed structures such as playground equipment, basketball courts, picnic shelters, light poles, and the restroom facility. I

2 LADWP dered that construction of the Improvements Project be placed on hold f four months, from December 16, 2015 to April 11, 2016, until LADWP approved the design changes. The design changes mandated by LADWP caused an unfeseen delay of about three months on the construction of the project, and the schedule was extended accdgly. A total of $56,000 construction management and spection costs will be needed to compensate f the 60 additional wkg days. BACKGROUND: This project meets the City Council s goal f Contug Infrastructure Improvements. The milestone identified the adopted FY Wk Program was to complete its construction. The Project is a consolidation of three Capital Improvement Program (CIP) projects: State Street Park Project, SR2S Cycle 8, and SR2S Cycle 9. These projects were consolidated to reduce project costs, accelerate project implementation, crease efficiency project management and to mitigate construction impacts to the public, as the construction footprt of the project are physically lked to each other. Combed, the projects will crease recreational opptunities, crease pedestrian safety and around schools, improve access to the Los Angeles River f bikes and pedestrians, improve roadway pavement conditions and improve motist safety. On December 16, 2014, the City Council awarded Contract No to APA Engeerg, Inc., (APA) the amount of $222,360 to provide construction management and spection services f the Project. The construction management services requested consisted of project admistration, construction spection, lab compliance, and materials testg services, utility codation, and compliance with federal/state requirements. Amendment No. 1 encompasses the additional as-needed services that will be provided by Engeerg Resources of Southern Califnia, Inc., (ERSC) on the State Street Park Project, as well as the management strategy to reduce costs, as follows: 1) Construction Management and Inspection Services ERSC will oversee construction of the project f an additional 60 wkg days through November ) To crease efficiency and to provide f a me cost-effective strategy, the approach to managg and spectg the project will change. Under the amendment, the spect will be elimated and one Construction Manager/Inspect will be assigned to the project through its completion. The hourly rate f the Construction Manager/Inspect was reduced by $15 from $125 to $110 to reduce costs. 3) APA was acquired by ERSC August The amendment will change its name from APA to ERSC. Construction is expected to be completed Fall The proposed amendment and proposal are attached herewith. ATTACHMENTS: A. Proposed Amendment No. 1 B. Contract No C. Location Map KT:lc 2

3 AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL SERVICES WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. (FORMERLY KNOWN AS APA ENGINEERING, INC.) Amendment No. 1 to Contract No THIS AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL SERVICES ( Agreement ) WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. (FORMERLY KNOWN AS APA ENGINEERING, INC.), ( Amendment ), effective as of the date specified paragraph 4 hereof, is made and entered to by and between the CITY OF SOUTH GATE, a municipal cpation, ( City ), on the one hand, and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. ( Engeer ). RECITALS: WHEREAS, City and Engeer have previously executed that certa Agreement f Professional Services (Contract No. 3073) dated December 16, 2014 ( Agreement ) relatg to professional services the City of South Gate an amount not to exceed $222,360; and WHEREAS, City desires to expand the scope of wk as shown on the Engeer s proposal beg attached here as part of this Amendment (Exhibit A); and WHEREAS, Engeer had submitted a cost estimate as part of its proposal; and WHEREAS, APA Engeerg, Inc. was acquired by Engeerg Resources of Southern Califnia, Inc. August 2015; and the latter has agreed to fully abide by the terms of the Agreement and this Amendment; and WHEREAS, Engeer had submitted a request of name change letter on May 2, 2016 (Exhibit B); and WHEREAS, City and Engeer desire to amend the Agreement der to accommodate the Engeer s ownership and name change from APA Engeerg, Inc. to Engeerg Resources of Southern Califnia, Inc. ; and WHEREAS, City and Engeer desire to execute Amendment coverg said additional Professional Services f an amount not to exceed $56,000 under the terms and conditions of the Agreement and Amendment to said Agreement; Rev. 4/

4 Amendment No. 1 to Contract No NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: MODIFICATION OF ORIGINAL SCOPE OF WORK AND FEES TO BE PERFORMED BY ENGINEER. a. Engeer shall expand its scope of wk, fees and services to CITY as shown its proposal (Exhibit A and B). Said scope of wk and fee proposal is made part of this Amendment. b. Engeer s firm name change from APA Engeerg, Inc. to Engeerg Resources of Southern Califnia, Inc. 2. EFFECT OF AMENDMENT. Except as expressly amended here, all other terms and conditions of the Agreement and its amendments, attachments, and exhibits thereto, shall rema full fce. City reserves the right to augment reduce the scope of wk as City deems necessary. [Remader of page left blank tentionally] Rev. 4/2016 2

5 Amendment No. 1 to Contract No EFFECTIVE DATE. Unless otherwise specified here, this Amendment shall become effective as of the date set fth below on which the last of the parties, whether City Engeer, executes this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. I to be executed and attested by their respective officers hereunto duly authized. CITY CITY OF SOUTH GATE W.H. (Bill) De Wiff, May Dated: ATTEST: Carmen Avalos, City Clerk (SEAL) APPROVED AS TO FORM: (/Q 9 Rau F. Sali as, City Attney ENGINEER ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. By: Dated: Rev. 4/

6 NGINEERING fl[sdunces Dl southlk( GAIJI nua. m EXHIBIT A MAY 26, 2016 Mr. Kenneth Tang Seni Civil Engeer City of South Gate 8650 Califnia Avenue South Gate, ca Re: State Street Park -Additional Construction Management/Inspection Services Dear Mr. Tag: Due to the changes the construction schedule, and some variation the scope of wk and project stagg, the City now anticipates/estimates completion of the State Street Park Project to be at the end of August Assumg that the Contract will be all done by the end of August 2016, ERSC will need 60 additional wkg days to provide Construction Management and Inspection Services to make sure successful completion of the Project. In der to reduce the cost of our services without compromisg the quality of our services, we are proposg one CM/Inspect on this job until completion of the contract wk and contract close-out. Upon your approval, we will have Reza (Ray) Tozani provide combed CM/Inspection Services at the rate of $110 per hour which is $15 below our previously agreed Rate f the Construction Manager. Therefe, we kdly request that our Contract Budget be creased by an additional $56,000 to enable us to contue to provide the additional services through November 14, This proposed budget is based on the City s estimate of 11/14/2016 completion. After November we will provide our services on an as-needed basis. We scerely appreciate the opptunity to present our proposal and look fward to contue wkg with you on this imptant project. Please call me at (949) , x-1002, should you have any questions need additional fmation Respectfully submitted, Engeerg Resources of Southern Califnia (ERSC), Inc. All Pakzad, P.E. Managg Engeer 9880 Irve Center Drive. Irve. Califnia Tel: (949) Fax: (949) , www ERS

7 EXHIBIT B APPA Englnwg Inc. 1 MAY 2, 2016 Mr. Clt Herrera Deputy Direct of Public Wks/City Engeer City of South Gate 8650 CalIfnia Avenue South Gate, ca Re: Acquisition of APA Engeerg, Inc. Request f Name Change on On-Call Contract Dear Mr. Herrera: We are pleased to announce that the Prcipal and staff of APA Engeerg, Inc. have joed Engeerg Resources of Southern Califnia, Inc. As a combed entity, under the name of Engeerg Resources ofsouthern Califnia, Inc., we will provide the City an expanded range of capabilities, with me resources, while matag the same level of personal service you have always experienced. To contue a long and valued relationship, there is a need to re-assign the current Professional Services Agreements between APA Engeerg and the City of South Gate, Public Wks Division. Therefe, we respectfully request that you take the necessary action to assign the current On- Call agreements between the City of South Gate, Public Wks Division and APA Engeerg, Inc. to Engeerg Resources ofsouthern Califnia, Inc. We are excited to have the opptunity to contue providg professional services to the City and look fward to a long and mutually prosperous relationship. Thank you advance f your consideration. n,p.e. Prcipal Aft Pakzad, P.E. Managg Engeer 9550 Irvb Cen*er Dilv.. IMn. CWonie. 5051$. T* (W F: (545)

8 Municipal/District Engeer Transptation Engeerg Engeerg Resources of Southern Califnia, Inc. (ERSC) was created 1996 to provide specialized engi neerg personnel and services to municipalities, water and special districts. The strength behd ERSC is found our staff of over 40 engeers, designers, construction observation personnel and admistrative suppt staff four offices located Hemet, San Bernardo, Indio and the recent addition of an office Irve. We match the respective skills, technical abilities, wk ethic, personality, character and altitude of our team members to the needs of our clients to create partnerships with our numerous Southern Califnia agency clients to transfm their projects from the broadest level of general scope and policy planng to their fal specific design, implementation and construction resolution. A number of our staff members have significant previous experience as municipal and public agency employees. As a result we can approach each project with first-hand knowledge of agency culture and how an agency envisions the planng and processg of a well-executed project. We also have a firm grasp of the relevant governmental and regulaty agency requirements and procedures that must be followed to achieve compliance and expedite completion. This means we fit well to promote the best terest of the community beg served and to expedite project completion. ERSC has completed hundreds of municipal projects, and the acquisition of ongog contracts with a diversity of public agencies, providg task-specific services and suppt. ERSC s local presence has been greatly enhanced through the acquisition of key personnel and our comprehensive depth of experience. Every project is treated with the same degree of professionalism regardless of size scope. ERSC clients clude federal, county & municipal agencies and Special Districts Riverside, San Bernardo, Orange and Los Angeles Counties. Irve I Hemet I San Bernardo I Indio ersci nc.com -- Draage and Flood Control Water Systems Engeerg Wastewater Engeerg Reclamation of Wastewater Construction Management 8

9 Contract No AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ( Agreement ) is made and entered to by and between the City of South Gate ( City ), and APA Engeerg, Inc. ( Consultant ) identified Section 1 hereof. RECITALS WHEREAS, City desires to engage Consultant to perfm certa technical and professional engeerg services, as provided here, connection with that certa project identified as: CONSTRUCTION MANAGEMENT SERVICES ON THE STATE STREET PARK AND SAFE ROUTE TO SCHOOL (SR2S) CYCLE 8 AND 9, CITY PROJECT NOS. 487-PRK AND 449-TRF NOW, THEREFORE, the parties agree as follows: 1. Parties to the Agreement. The parties to the Agreement are: A. Owner: The City of South Gate, a municipal cpation, havg its prcipal office at 8650 Califnia Avenue, South Gate, Califnia B. Consultant: APA Engeerg, Inc Irve Center Drive Irve, Califnia Representatives of the Parties and Service of Notices. The representatives of the parties who are primarily responsible f the admistration of this Agreement, and to whom fmal notices, demands and communications shall be given, are as follows: A. The prcipal representative of the City shall be: Arturo Cervantes, P.E. Direct of Public Wks/City Engeer Public Wks Department City of South Gate 8650 Califnia Avenue South Gate, CA Revised 6/10 9

10 Contract No B. l he prcipal representative of the Consultant shall be: AliPakzad. PE APA Engeerg, Inc Irve Center Drive LrxjpeCalifnia Tel: Fax: apakzad(dapaeng. cn C. Fmal notices, demands and communications to be given hereunder by either party shall be made writg and may he affected by personal delivery by mail. D. If the name of the prcipal representative designated to receive the notices, demands communications, the address of such person, is changed, written notice shall be given with five (5) wkg days of said change. 3. Description of Wk. City hereby engages Consultant, and Consultant accepts such engagement, to perfm the technical and professional services, as needed, set fth the Proposal attached hereto as Exhibit A. Consultant shall perfm and complete, a manner satisfacty to City, all wk and services set fth Exhibit A. The Direct of Public Wks, the Direct of Public Wks designee, shall have the right to review and spect the wk durg the course of its perfmance at such times as may be specified by the Direct of Public Wks. 4. Data Provided to Consultant. City shall provide to Consultant, without charge, all data, cludg repts, recds, maps and other fmation, now the City s possession, which may facilitate the timely perfmance of the wk described Exhibit A. 5. dependent Contract. Consultant is an dependent contract and shall have no power authity to cur any debt, obligation liability on behalf of the City. 6. Consultant s Personnel. A. All services required under this Agreement will be perfmed by Consultant, under Consultant s direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perfm such services, cludg, without limitation, a City of South Gate busess license as required by the South Gate Municipal Code. Revised

11 Contract No B. Consultant shall be solely responsible f the satisfacty wk pertbrmance of all personnel engaged perfmg services required by this Agreement, and compliance with all reasonable pertbrmance standards established by City. C. Consultant shall be responsible f payment of all employees and subcontract s wages and benefits, and shall comply with all requirements pertag to employer s liability, wkers compensation, unemployment surance, and Social Security. D. Consultant shall demnif and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arisg from alleged violations of personnel practices, of any acts omissions by Consultant connection with the wk perfmed arisg from this Agreement to the extent resultg from their negligent other wrongful conduct. 7. Compensation. A. The total compensation to be paid by City to Consultant f as needed wk and services described Exhibits A shall be as submitted the proposal f an amount not to exceed $222,360. Consultant s fees and charges f the wk and services perfmed shall no event exceed those set fth Exhibit B attached hereto and made a part hereof. Notwithstandg anythg to the contrary the proposal, voices will be processed f payment and paid subject to approval by Direct of Public Wks and City Council with sixty (60) days from date of receipt by Direct of Public Wks. Travel expenses (time, mileage, etc.) to attend busess meetgs and/ any other busess associated with as-needed services shall be waived and shall not be shown on the Consultant and sub-consultant s compensation submittal to the City. 8. Indemnity and Insurance. A. Consultant agrees to demnif,, hold harmless and defend the City, its officers and employees, from and agast any and all claims, losses, obligations, liabilities whatsoever curred any manner arisg out of related to Consultant s negligent acts, errs omissions, willful misconduct, those of its employees agents. Consultant will deliver to City a certificate of surance evidencg professional liability surance coverage an amount not less than $1,000,000. B. (1) The Consultant, at its expense, shall mata effect at all times durg the perfmance of wk under this Agreement not less than the followg coverage and limits of surance, which shall be mataed with surers listed A better the Best s Insurance Guide and authized to do busess the State of Califnia. (a) - Wkers Wkers Compensation and Employer s Liability Compensation-coverage as required by law. Revised 9/Il 3 11

12 Contract No Employer s Tiability-limits of at least $1,000,000 per occurrence. (b) Comprehensive General Liability - Combed Sgle Limit-$ 1,000,000. The automobile and comprehensive general liability policies may be combed a sgle policy with a combed sgle limit of $1,000,000. All of the Consultant s policies shall conta an endsement providg that written notice shall be given to City at least thirty (30) calendar days pri cancellation of the policy, ten (10) days notice if cancellation is due to nonpayment of premium. shall conta the followg: (2) Policies providg f bodily jury and property damage coverage (a) An endsement extendg coverage to City as an additional sured, the same manner as the named sured, as respects liability arisg out of the perfmance of any wk under the Agreement. Such surance shall be primary surance as respects the terest of City, and any other surance mataed by City shall be considered excess coverage and not contributg surance with the surance required hereunder. (b) Severability of Interest clause. (c) Provision endsement statg that such surance, subject to all of its other terms and conditions, applies to the liability assumed by Consultant under the Agreement, cludg without limitation that set fth Section 10.A. (3) Promptly on execution of this Agreement and pri to commencement of any wk Consultant shall deliver to City certificates of surance evidencg all required policies and endsements to the required policies. (4) The requirements as to the types and limits of surance to be mataed by the Consultant are not tended to and shall not any manner limit qualify Consultant s liabilities and obligations under this Agreement. (5) Any policy policies of surance that Consultant elects to carry as surance agast loss damage to its equipment and tools other personal property used the perfmance of this Agreement shall clude a provision waivg the surer s right of subrogation agast the City. 9. Termation f Convenience. Reised

13 Contract No (15) thereof. The City may termate this Agreement at any time without cause by givg fifteen days written notice to Consultant of such termation and specifyg the effective date In that event, of City, become Consultant will its be paid all (10%) of that amount f profit. the fished unfished documents and other materials provided here, percent amount payable upon termation exceed property. If this Agreement a total amount equal In no to its total maximum compensation provided f is as the costs event shall termated by City shall at as ten of the termation date, plus this Agreement. the option 10. Termation f Cause. A. part of this Agreement The City may, by written notice to Consultant, termate the whole any of the followg circumstances: any (1) Agreement with the time specified here If Consultant fails to perfm the services required any authized extension thereof; by this Agreement so its accdance with a (2) If Consultant fails to perfm the services called f fails to make progress terms, and period often (10) days ( such longer period notice from City specifyg such failure. above as it paragraph B. In A as to endanger perfmance of this Agreement by this either of these circumstances does not crect such failure with as City may authize the event City termates this Agreement of this Section 10, may deem appropriate, services similar C. require Consultant to provide If this Agreement all is by writg) after receipt of whole City may procure, upon such terms and to termated those termated. fished photographs, repts, etc., prepared amount equal to the value of the wk perfmed. paid perfmed wk to City Section an up to as provided above part as provided such manner paragraph A, City may unfished documents, data, studies, drawgs, maps, Consultant. Upon such termation, Consultant shall be the date of termation, consideration shall be given In ascertag the value of to the wk both completed wk and progress, to complete and complete drawgs, and to other documents whether delivered possession of Consultant, D. If. 10, it is and to authized reimbursement expenses. after notice of termation of the Agreement under the provisions of this determed, f any reason, that Consultant was not was excusable, then the rights and obligations of the parties shall termation had been issued pursuant to Section 9. be default, the same as that the default if the notice of 11. Non-Discrimation and Equal Employment Opptunity. A. In agast any employee, subcontract, ancestry, national ig, handicap sex, the perfmance of this Agreement, Consultant shall not discrimate applicant age. f employment because of race, col, religion, Consultant will take affirmative action to ensure Revsed 9 l

14 Contract No that subcontracts and applicants are employed, and that employees are treated durg employment without regard to their race, col, religion, ancestry, sex, national ig, handicap age. Affirmative action relatg to employment shall clude, but not be limited to the followg: employment, upgradg, demotion transfer; recruitment; layoff termation; rates of pay other fms of compensation; and selection f trag cludg apprenticeship. B. The provisions of subsection A above shall be cluded all solicitations advertisements placed by on behalf of Consultant f personnel to perfm any services under this Agreement. City shall have access to all documents, data and recds of Consultant and its subcontracts f purposes of determg compliance with the equal employment opptunity and non-discrimation provisions of this Section, and all applicable provisions of Executive Order No which is cpated here by this reference. A copy of Executive Order No is available f spection and on file with the Public Wks Department. 12. Consultant s Warranties and Representations. Consultant warrants and represents to City as follows: A. Consultant has not employed retaed any person entity, other than a bona fide employee wkg exclusively f Consultant, to solicit obta this Agreement. B. Consultant has not paid agreed to pay any person entity, other than a bona fide employee wkg exclusively f Consultant, any fee, commission, percentage, gift, any other consideration contgent upon resultg from the execution of this Agreement. Upon such breach violation of this warranty, City shall have the right, its sole discretion, to termate this Agreement without further liability,, the alternative, to deduct from any sums payable hereunder the full amount value of any such fee, commission, percentage gift. C. Consultant has no knowledge that any officer employee of the City has any terest, whether contractual, noncontractual, fancial, proprietary, otherwise, this transaction the busess of the Consultant, and that if any such terest comes to the knowledge of Consultant at any time, a complete written disclosure of such terest will he made to City, even if such terest would not be deemed a prohibited conflict of terest under applicable laws. D. Upon the execution of this Agreement, Consultant has no terest, direct direct, any transaction busess entity which would conflict with any manner hder the perfmance of services and wk required by this Agreement, n shall any such terest he acquired durg the term of this Agreement. 13. Subcontractg, Delegation and Assignment. A. Consultant shall not delegate, subcontract assign its duties rights hereunder, either whole part, without the pri written consent of the Direct of Public Rev,sed 9/

15 Contract No Wks; provided, however, that claims f money under this Agreement may be assigned to a due to bank, trust company without such approval. Any proposed delegation, assignment description of the services subcontract, and an to become due to Consultant from City other fancial stitution subcontract shall provide be covered, identification of the proposed assignee, delegee explanation of why and how the same was selected, cludg the degree of competition volved. Any proposed agreement with an assignee, delegee subcontract shall clude the followg: a cost price. amendment shall be (1) (2) A The amount volved, together with Consultant s analysis of such provision requirg that any subsequent modification subject to the pri written consent of the City. B. Consultant and shall not bd Any assignment, delegation any obligations under this Agreement cludg, but not limited and subcontract shall he made the name of the purpt to bd the City and shall not release the Consultant from to, the duty to properly supervise codate the wk of employees, assignees, delegees and subcontracts. No such assignment, delegation subcontract shall result compensation payable to Consultant under this Agreement. any crease the amount of total 14. Ownership of Documents. All plans, specifications, repts, studies, tracgs, maps and other documents prepared Agreement shall, with the exception of any tellectual property rights contaed there, owned created by obtaed by Consultant the course of perfmg the wk required Consultant pri to the effective date of this Agreement; and/ created outside the scope of this Agreement, be computations and similar data prepared upon request, of shall such be at materials be made available to on City s sole risk. the property of the City. Basic survey notes, sketches, charts, obtaed by City without restriction by this Consultant under this Agreement shall. limitation on their use. City s reuse any project other than the project f which they were igally tended 15. Entire Agreement and Amendments. A. understandgs between This Agreement supersedes the parties and may not be all modified pri proposals, agreements, termated ally. and No attempted waiver of any of the provisions hereof, n any modification nature, extent duration of the wk bdg unless the party agast whom the same sought to be enfced. the B. writg and signed by C. to be perfmed Consultant acknowledges and agrees that has knowgly fegone the opptunity to voluntarily. do so and by it Consultant hereunder, is has consulted with an shall be attney, executes this Agreement knowgly and Revised

16 Contract No Resolution of Disputes. Disputes regardg the terpretation application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. In the event that the parties cannot reach agreement, parties agree to submit their dispute to non-bdg arbitration pri to the commencement of any legal action suit. The parties are free to choose a mutually agreeable arbitrat; however, the event of a lack of agreement between the parties, the matter shall be submitted to the American Arbitration Association and be subject to its Commercial Arbitration Rules. Each party shall bear its own costs and fees, and share equally the cost of the arbitration fee. 17. Severability If any provision of this agreement is held by court of competent jurisdiction to be valid, void unenfceable, the remag provisions nevertheless will contue full fce and effect without beg impaired validated any way. 18. Exhibits. The followg exhibit to which reference is made this Agreement is deemed cpated here their entirety: Exhibit A PropQsal dated November 4, 2014 Exhibit B Fee Proposal dated November Governg Law. This Agreement shall be governed by the laws of the State of Califnia. 20. Effective Date. Unless otherwise specified here, this Agreement shall become effective as of the date set fth on which the last of the parties, whether City Consultant, executes said Agreement. [Remader of page left blank tentionallyj Revised 9/

17 Contract No AGREEMENT FOR THE STATE STREET PARK AN]) SR2S CYCLE 8 AND 9 BETWEEN THE CITY OF SOUTH GATE AND APA ENGINEERING. INC. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authized. CITY CITY OF SOUTH GATE By: IM*J 4 Henry C. Gonza)Z May Dated: l1.i/ ATTEST: APPROVEDZ Carmen Avalos, City (SEAL) 1ul F. Salas, City Attney CONSULJAfT APA EN4 INEER G INC. By: (- -- Signature Title Dated: co/5 Revised 9/It 9 17

18 A II RA DLTA\ CCJNJDCW\ EADS )A- SF j F DAOK SK;\s - CII C YWDE SRTS Cycle 8 Project r Wi )- Location Map Page 1 of2 18

19 j SRTS Cycle 9 and State Street Park Projects Location Map I Page 2 of 2 19