Regular Meeting of the Artesia City Council
City Council Chambers
18747 Clarkdale Avenue
Artesia, CA 90701
(562) 865-6262
You may view this meeting live over the internet at
https://ca-artesia2.civicplus.com/241/City-Council-Meetings-Video Monday, September 8, 2025
7:00 p.m.
1. CALL TO ORDER
1.A. Call to Order
2. ROLL CALL
2.A. Roll Call
3. INVOCATION
3.A. Invocation
— Bishop Robert Magalogo, Jesus Christ of Latter Day Saints
4. PLEDGE OF ALLEGIANCE
4.A. Pledge of Allegiance
5. PUBLIC COMMENTS
This is the portion of the meeting set aside to invite public comments regarding any matter within the subject matter jurisdiction of the City Council. Public comments may also be submitted by email at [email protected] before 12:00 p.m. on the date of the meeting. Public comments are limited to no more than three minutes each. If comments relate to a specific agenda item, those comments will be taken following the staff report for that item and prior to the City Council vote.
Under the provisions of the Brown Act, the City Council is prohibited from taking action on items that are not listed on the agenda, but may refer the matter to staff or to a subsequent meeting. Those wishing to speak are asked to add your information at the digital public kiosk located at the entrance of the Council Chamber.
5.A. Public Comment
6. COUNCILMEMBER COMMENTS
6.A. Councilmember Comments
7. CEREMONIAL PRESENTATIONS
7.A. National Preparedness Month Proclamation
7.B. National Hispanic American Heritage Month Proclamation
7.C. Service Club Month Proclamation
7.D. Staff Introductions
8. BUSINESS PRESENTATIONS
8.A. Distinguished Young Women
8.B. Artesia Cemetery
8.C. International Street Fair and Diversity Festival Update
9. CONSENT CALENDAR
It is recommended that Items (9A) through (9J) be acted on simultaneously in one vote unless a member of the City Council requests separate discussion and/or action on the item. In the event a member of the City Council requests separate discussion on a Consent Calendar item, or the item is removed from the Consent Calendar to allow for public comments on the item to be read. The City Council will consider that item immediately following approval of the rest of the Consent Calendar.
9.A. Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only
— Recommendation: Waive Reading, by Title Only, of all Ordinances and Resolutions. Said Ordinances and Resolutions Which Appear on the Public Agenda Shall Be Determined to Have Been Read by Title and Further Reading Waived.
9.B. Accounts Payable Check Register - August 2025
— Recommendation: Receive and File.
9.C. City Financial Report - July 2025
— Recommendation: Receive and File.
9.D. AB 1234 Reporting
— Recommendation: Receive and File.
9.E. City Council Meeting Minutes
— Recommendation: Approve Minutes as Presented for August 11, 2025 - Special Meeting, and August 28, 2025 - Special Meeting.
9.F. Professional Services Agreement With Risk Management Professionals To Update the Artesia Local Hazard Mitigation Plan
— Recommendation: Approve, and Authorize the City Manager To Execute, Agreement With Risk Management Professionals in an Amount Not-To-Exceed $66,653, Plus a 10% Contingency.
9.G. Resolution for Highway Permit for Temporary Street Closure — Recommendation: Adopt Resolution 25-3065, Approving a Highway Permit for the Temporary Closure of a Portion of Ashworth Avenue Between Devlin Avenue and Clarkdale Avenue Pursuant to Vehicle Code Section 21101(E) in Connection With the Approval of the Artesia D.E.S. Portuguese Hall – Popular Saints Festival To Be Held on Saturday, September 20, 2025; and
— Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.
9.H. Resolution Regarding Amended and Restated Joint Exercise of Powers Agreement With Gateway Region Integrated Regional Water Management Authority — Recommendation: Adopt Resolution 25-3066, Approving the Amended and Restated Joint Exercise of Powers Agreement for the Los Angeles Gateway Region Integrated Regional Water Management Authority.
9.I. Agreement With the County of Los Angeles for a Joint Traffic Signal Synchronization Project on Norwalk Boulevard, San Antonio Drive, and Pioneer Boulevard From Beverly Boulevard to Carson Street
— Recommendation: Approve Agreement With the County of Los Angeles in the Amount of $147,000, and Authorize the City Manager To Execute, Including the Amendments up to the 15% Contingency and Make Amendments That Do Not Change the Contract Amount and Contingency.
9.J. Professional Services Agreement with RKA Consulting Group to complete Plans, Specifications and Estimates for the Roadway Pavement Rehabilitation Project — Approve the Agreement in the Amount of $178,555, and Authorize the City Manager To Execute, Including Amendments up to a 10% Contingency and Make Amendments That Do Not Change the Contract Amount and the Contingency; And
— Make a Determination of Exemption Pursuant to CEQA Guideline Section 15301 as a Class 1(C) Project.
10. PUBLIC HEARING
10.A. Resolution to Update the Facility Use Fee Schedule — Recommendation: Adopt Resolution No. 25-3064, Approving and Adopting Amended and Updated Facility Use Fee Schedule and Repealing Resolution No. 18-2720; And — Make a Determination of Exemption From CEQA Pursuant to Public Resources Code Section 21080(b)(8).
11. DISCUSSION
11.A. Schematic Design for Public Service Center Project Located at 18730 Clarkdale Avenue, the Former Library Facility
— Recommendation: Approve the Schematic Design for the Artesia Public Service Center Project.
11.B. Consideration of an Enhanced Infrastructure Financing District (EIFD) — Recommendation: Receive and File.
12. CITY MANAGER INFORMATIONAL REPORTING
12.A. City Manager Reporting
13. ADJOURNMENT
13.A. Adjournment
The City of Artesia complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk’s office at 562-865-6262 at least 72 hours prior to the meeting. Copies of Staff Reports are on file in the Office of the City Clerk and are available for inspection.
Date Posted: September 4, 2025
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 8C.
TO: Mayor and Members of the City Council
SUBJECT: International Street Fair and Diversity Festival Update FROM: Joshua Acevedo, Parks and Recreation Supervisor
Edith Guerra, Parks and Recreation Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
Staff will provide a presentation with an update regarding the 2025 City of Artesia International Street Fair & Diversity Festival.
Attachments
City of Artesia PowerPoint- Street Fair 2025.pdf
12th Annual International Street Fair &
Diversity Festival
International Street Fair & Diversity Festival
Hours of Operation: 3:00 PM – 10:00 Pm
183rd Street – 187th Street on Pioneer Boulevard
22 Food Vendors
57 Vendors
2 Event Stages – Band and Cultural
Kid’s Zone
LA India Fashion Week Show
Master Michemix Beer Garden
Street Festival Overview
183rd Street – 186th Street
Street Festival Overview
186th Street – 187th Street
International Street Fair & Diversity Festival
FOOD VENDORS CONFIRMED
LA India Fashion Week Fashion Show
Show begins at 6:00 PM- Located in the Center of the Street Festival right in front of the Frontier Communications building Participating Artesia Boutiques:
Band Stage
186th 3:00 PM Street Stage 4:00 PM
6:00 PM 8:00 PM
ALBENIZ Y SU SONORA UPTOWN FUNK
Cultural Stage
183rd Street Stage
Confirmed Performers
3:00 pm Mayor’s Welcome
3:10 pm Burbank Bulldogs Cheer & Dawg Squad
3:30 pm Ku’ipo Hula Dance- Hawaiian Dance Performance
4:00 pm El Lucero Ballet Folklorico – Mexican Cultural Dance 4:55 pm Na Kupunawahine O Cerritos- Hawaiian Dance Performance 5:15 pm Mayor and City Council Introduction
5:25 pm Miss Artesia & Miss Artesia Teen- Dance Performance 5:40 pm Maha & Company- Cultural Dance Performance
6:15 pm Hanabi Taiko Drum Performance
7:00 pm Chinese Community Service Organization- Folk Dance 7:35 pm Junior New System Filipino Dance Group
8:10 pm DES Portugues Cultural Performance
8:55 pm Ling Dance Academy – Chinese Folk Dance
9:30 pm Dhwani Dance Academy – Indian Classical Kathak, Bollywood, and Folk
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9A.
TO: Mayor and Members of the City Council
SUBJECT: Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:
Abel Avalos, City Manager
RECOMMENDATION:
It is recommended that the City Council waive reading, by title only, of all ordinances and resolutions. Said ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
BACKGROUND:
California Government Code 36934 allows the legislative body to waive the requirement to read ordinances and titles by the action.
FISCAL IMPACT:
There is no fiscal impact associated with approval of this item.
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9B.
TO: Mayor and Members of the City Council
SUBJECT: Accounts Payable Check Register - August 2025
FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
BACKGROUND:
The attached demands summary (accounts payable checks) is a list of all checks issued by the City of Artesia from August 1, 2025 through August 31, 2025.
Prior to printing each check, payment requests are approved by the department manager, Finance Manager, and City Manager. Once payment requests have been approved, a batch for disbursement is processed by the Senior Accountant, and approved by the Finance Manager. Each check is then signed by the City Manager and Mayor.
FISCAL IMPACT:
There is no fiscal impact associated with approval of this item.
RECOMMENDED COUNCIL ACTION:
It is recommended that the City Council receive and file this report.
Attachments
2025 August Demand Check Register.pdf
Transaction Type Post Date
Due Date
Transaction
Amount
Payment # Amount Paid
708 Invoice 08/13/2025 $1,555.20 86726 $1,555.20
25/06 SFSP Meals 08/13/2025
725 Invoice 08/27/2025 $1,069.20 86799 $1,069.20
08/27/2025
$2,624.40 $2,624.40
08082025 Invoice 08/13/2025 $770.97 86727 $770.97
08/13/2025
08222025 Invoice 08/27/2025 $741.40 86800 $741.40
08/27/2025
$1,512.37 $1,512.37
91944 Invoice 08/27/2025 $236.61 86801 $236.61
08/27/2025
$236.61 $236.61
58906 Invoice 08/13/2025 $3,995.00 86728 $3,995.00
08/13/2025
$3,995.00 $3,995.00
102 Invoice 08/13/2025 $1,800.00 86729 $1,800.00
08/13/2025
$1,800.00 $1,800.00
QTY10 Invoice 08/13/2025 $220.00 86730 $220.00
(10) Artesia History Books 08/13/2025
$220.00 $220.00
287252847559-080525 Invoice 08/27/2025 $222.16 41209 $222.16 08/27/2025
$222.16 $222.16
086181 Invoice 08/06/2025 $7,564.75 86685 $7,564.75
08/06/2025
087794 Invoice 08/20/2025 $120.72 86770 $120.72
Red Anti-Graffiti Signs 08/20/2025
090218 Invoice 08/27/2025 $253.23 86802 $253.23
08/27/2025
$7,938.70 $7,938.70
154338 Invoice 08/13/2025 $285.00 86731 $285.00
08/13/2025
$285.00 $285.00
60361 Invoice 08/27/2025 $87.50 86803 $87.50
08/27/2025
$87.50 $87.50
1026219 Invoice 08/06/2025 $5,619.15 86686 $5,619.15
08/06/2025
1026220 Invoice 08/06/2025 $10,695.60 86686 $10,695.60
08/06/2025
1036601 Invoice 08/20/2025 $25.20 86771 $25.20
25/07 Utilities 08/20/2025
1036602 Invoice 08/20/2025 $35.00 86771 $35.00
07/09/2025 08/27/2025
Public Works Lawn Supplies
Totals for ALAN'S LAWN & GARDEN CENTER INC:
City of Artesia
August 2025 Check Register
Date Transaction # Description Payment Date
ABC Unified School District
07/28/2025 08/13/2025
08/13/2025 08/27/2025
25/07 Meal orders for SFSP
Totals for ABC Unified School District:
AFSCME DISTRICT COUNCIL 36
08/08/2025 08/13/2025
Union Dues, Payroll
08/22/2025 08/27/2025
Union Dues, Payroll
Totals for AFSCME DISTRICT COUNCIL 36:
ALAN'S LAWN & GARDEN CENTER INC
Totals for ARTESIA HISTORICAL SOCIETY:
AT&T
08/27/2025 08/27/2025
ALBANO'S PLUMBING INC.
05/27/2025 08/13/2025
Replacement garbage
Totals for ALBANO'S PLUMBING INC.:
ALBENIZ QUINTANA
07/01/2025 08/13/2025
2025 International Street
Totals for ALBENIZ QUINTANA:
ARTESIA HISTORICAL SOCIETY
08/12/2025 08/13/2025
Totals for BEE REMOVERS:
BEST BEST & KRIEGER LLP
08/06/2025 08/06/2025
25/08 Parking Handheld
Totals for AT&T:
BC TRAFFIC SPECIALIST
07/08/2025 08/06/2025
Electronic Message Boards
Rental for 4th of July
07/18/2025 08/20/2025
08/07/2025 08/27/2025
Street Equipment -
Totals for BC TRAFFIC SPECIALIST:
BEE BUSTERS INC
06/26/2025 08/13/2025
Wasps in sand on the
Totals for BEE BUSTERS INC:
BEE REMOVERS
07/10/2025 08/27/2025
Bee Removal - AJ Park
25/03 Reimb. - 17610
Pioneer, 11732 Artesia,
08/06/2025 08/06/2025
25/03 Builders Remedy
08/11/2025 08/20/2025
08/11/2025 08/20/2025
25/07 Finance 08/20/2025
1036608 Invoice 08/20/2025 $49.50 86771 $49.50
08/20/2025
1036596 Invoice 08/20/2025 $201.60 86771 $201.60
25/07 Administration 08/20/2025
1036604 Invoice 08/20/2025 $315.00 86771 $315.00
25/07 Motel 6 08/20/2025
1036598 Invoice 08/20/2025 $318.40 86771 $318.40
25/07 City Clerk 08/20/2025
1036606 Invoice 08/20/2025 $995.90 86771 $995.90
25/07 Code Enforcement 08/20/2025
1036599 Invoice 08/20/2025 $1,448.50 86771 $1,448.50
25/07 Parks & Recreation 08/20/2025
1036609 Invoice 08/20/2025 $1,823.40 86771 $1,823.40
08/20/2025
1036600 Invoice 08/20/2025 $1,965.60 86771 $1,965.60
25/07 Public Works 08/20/2025
1036595 Invoice 08/20/2025 $2,217.60 86771 $2,217.60
25/07 City Manager 08/20/2025
1036603 Invoice 08/20/2025 $2,752.50 86771 $2,752.50
25/07 Labor/Employment 08/20/2025
1036607 Invoice 08/20/2025 $3,723.00 86771 $3,723.00
25/07 General Litigation 08/20/2025
1036594 Invoice 08/20/2025 $4,526.80 86771 $4,526.80
25/07 City Council Project 08/20/2025
1036597 Invoice 08/20/2025 $5,241.40 86771 $5,241.40
25/07 Planning 08/20/2025
1036605 Invoice 08/20/2025 $10,281.55 86772 $10,281.55
25/07 HCD Notice 08/20/2025
$52,235.70 $52,235.70
24-3112-2 Invoice 08/13/2025 $38,700.00 86732 $38,700.00 08/13/2025
$38,700.00 $38,700.00
93094266 Invoice 08/06/2025 $150.00 86687 $150.00
08/06/2025
$150.00 $150.00
223 Invoice 08/06/2025 $977.93 86688 $977.93
08/06/2025
$977.93 $977.93
000813 Invoice 08/20/2025 $1,000.00 86773 $1,000.00
08/20/2025
$1,000.00 $1,000.00
186575 Invoice 08/06/2025 $1,572.00 86689 $1,572.00
25/07 Parking Meter IT 08/06/2025
$1,572.00 $1,572.00
A-010 Invoice 08/06/2025 $1,225.00 86690 $1,225.00
08/06/2025
$1,225.00 $1,225.00
POLLU-00005 Invoice 08/20/2025 $1,681.00 86774 $1,681.00 08/20/2025
$1,681.00 $1,681.00
232343 Invoice 08/20/2025 $134.00 86775 $134.00
25/08 Pest Control 08/20/2025
$134.00 $134.00
ID34984428 Invoice 08/13/2025 $300.00 86734 $300.00
08/13/2025
08/11/2025 08/20/2025
08/11/2025 08/20/2025
08/11/2025 08/20/2025
25/07 Reimbursement
08/11/2025 08/20/2025
08/11/2025 08/20/2025
08/11/2025 08/20/2025
08/11/2025 08/20/2025
08/11/2025 08/20/2025
Totals for BEST BEST & KRIEGER LLP:
08/11/2025 08/20/2025
08/11/2025 08/20/2025
25/07 Builders Remedy
08/11/2025 08/20/2025
08/11/2025 08/20/2025
08/11/2025 08/20/2025
08/11/2025 08/20/2025
ISFDF Entertainment - Live
Totals for BRUCE ALAN WHITE:
CALE AMERICA INC.
BOA ARCHITECTURE
08/04/2025 08/13/2025
Old Library Design Interior
Totals for BOA ARCHITECTURE:
BRAHAMA KURMARIS WORLD SPIRITUAL
08/06/2025 08/06/2025
Security Deposit Refund
Totals for BRAHAMA KURMARIS WORLD SPIRITUAL:
BROTHERS JANITORIAL SUPPLY COMPANY
07/14/2025 08/06/2025
Trash Liners for Streets &
Totals for BROTHERS JANITORIAL SUPPLY COMPANY:
BRUCE ALAN WHITE
08/01/2025 08/20/2025
Totals for CALIFORNIA JPIA:
CALIFORNIA PEST MANAGEMENT
08/01/2025 08/20/2025
07/29/2025 08/06/2025
Totals for CALE AMERICA INC.:
CALIFORNIA CLERK ADMINISTRATION SERVICES, LLC
06/30/2025 08/06/2025
Transcription of minutes
6/2/25 Sp, 6/9/25 Sp & Reg,
Totals for CALIFORNIA CLERK ADMINISTRATION SERVICES, LLC:
CALIFORNIA JPIA
07/30/2025 08/20/2025
FY25/26 Pollution Liability
Totals for CALIFORNIA PEST MANAGEMENT:
California State University Long Beach
08/13/2025 08/13/2025
2025 Scholarship Recipient -
ID35051339 Invoice 08/13/2025 $700.00 86733 $700.00
08/13/2025
$1,000.00 $1,000.00
4203484552-08/2025 Invoice 08/01/2025 $71,933.83 41195 $71,933.83 25/08 Health Premium 08/01/2025
$71,933.83 $71,933.83
94571986 Invoice 08/27/2025 $150.00 86804 $150.00
08/27/2025
$150.00 $150.00
5035372098 Invoice 08/13/2025 $659.69 86735 $659.69
08/13/2025
$659.69 $659.69
ID2259147 Invoice 08/13/2025 $1,000.00 86736 $1,000.00
08/13/2025
$1,000.00 $1,000.00
8122025 Invoice 08/13/2025 $750.00 86737 $750.00
08/13/2025
$750.00 $750.00
08082025 Invoice 08/13/2025 $518.00 86738 $518.00
Staff Uniforms 08/13/2025
$518.00 $518.00
#2024-08-11 Invoice 08/06/2025 $26,750.00 86691 $26,750.00 08/06/2025
2024-08-10 Invoice 08/06/2025 $36,905.10 86691 $36,905.10 08/06/2025
$63,655.10 $63,655.10
4236888566 Invoice 08/27/2025 $161.88 86805 $161.88
08/27/2025
4238348067 Invoice 08/27/2025 $667.77 86805 $667.77
08/27/2025
4235475097 Invoice 08/27/2025 $667.77 86805 $667.77
08/27/2025
$1,497.42 $1,497.42
ASIT001531 Invoice 08/27/2025 $5,480.00 86806 $5,480.00 08/27/2025
$5,480.00 $5,480.00
89105344 Invoice 08/06/2025 $150.00 86692 $150.00
08/06/2025
$150.00 $150.00
2025-17776 Invoice 08/06/2025 $5,516.68 86693 $5,516.68 08/06/2025
$5,516.68 $5,516.68
70687030801187 Invoice 08/06/2025 $3,725.01 41196 $3,725.01 25/08 Supplemental Ins. 08/06/2025
$3,725.01 $3,725.01
260131 Invoice 08/27/2025 $564.27 86807 $564.27
08/27/2025
$564.27 $564.27
CalPers
08/01/2025 08/14/2025
pp
Juan Triana Diaz
08/13/2025 08/13/2025
2025 Scholarship Recipient -
Antonio Mendoza
Totals for California State University Long Beach:
CHEE SALETTE ARCHITECTURE OFFICE
08/01/2025 08/06/2025
08/13/2025 08/13/2025
2025 Scholarship Recipient -
Totals for CERRITOS COLLEGE:
Totals for CalPers:
CALVARY CHAPEL ARTESIA
08/27/2025 08/27/2025
Security Deposit Refund
Totals for CALVARY CHAPEL ARTESIA:
CELL BUSINESS EQUIPMENT
08/06/2025 08/13/2025
8/20-9/19/25 Sharp Copiers
Totals for CELL BUSINESS EQUIPMENT:
CERRITOS COLLEGE
CERRITOS FOOTBALL BOOSTERS
08/13/2025 08/13/2025
Annual Sponsorship of CHS
Football 2025 - Platinum
Totals for CERRITOS FOOTBALL BOOSTERS:
CHANSON WALKER
08/08/2025 08/13/2025
Totals for CHANSON WALKER:
Totals for CLEARGOV INC.:
25/07 Artesia Park Janitorial
Totals for CINTAS CORP:
CITY OF BREA
08/22/2025 08/27/2025
25/07 IT service and onsite
Totals for CITY OF BREA:
25/07 Design Consultant
07/01/2025 08/06/2025
25/06 Design Consultant
Totals for CHEE SALETTE ARCHITECTURE OFFICE:
CINTAS CORP
07/15/2025 08/27/2025
25/07 AJ Park Janitorial
07/29/2025 08/27/2025
25/08 Artesia Park Janitorial
07/01/2025 08/27/2025
CLAUDETTE SWAIN
08/06/2025 08/06/2025
Security deposit Refund
Totals for CLAUDETTE SWAIN:
CLEARGOV INC.
08/01/2025 08/06/2025
FY25/26 Digital Budget Book
COLONIAL LIFE
08/06/2025 08/14/2025
Totals for COLONIAL LIFE:
COUNTY OF LOS ANGELES
08/18/2025 08/27/2025
Pesticide Worker Safety
Totals for COUNTY OF LOS ANGELES:
CR&R, INC
FY24/25 Invoice 08/27/2025 $8,267.81 86808 $8,267.81
08/27/2025
$8,267.81 $8,267.81
IR-4779 Invoice 08/20/2025 $1,675.00 86776 $1,675.00
08/20/2025
$1,675.00 $1,675.00
ID18601726 Invoice 08/27/2025 $700.00 86809 $700.00
08/27/2025
$700.00 $700.00
1 Invoice 08/13/2025 $68.01 86739 $68.01
08/13/2025
$68.01 $68.01
0141 Invoice 08/13/2025 $1,600.00 86740 $1,600.00
08/13/2025
$1,600.00 $1,600.00
1823 Invoice 08/06/2025 $2,268.75 86694 $2,268.75
08/06/2025
$2,268.75 $2,268.75
89111406 Invoice 08/06/2025 $80.00 86695 $80.00
Basketball Refund 08/06/2025
$80.00 $80.00
85371434 Invoice 08/06/2025 $185.00 86696 $185.00
08/06/2025
$185.00 $185.00
113759 Invoice 08/20/2025 $500.00 86777 $500.00
08/20/2025
113752 Invoice 08/20/2025 $996.75 86777 $996.75
08/20/2025
$1,496.75 $1,496.75
L1688179664 Invoice 08/12/2025 $6,299.00 41197 $6,299.00 08/12/2025
$6,299.00 $6,299.00
480414A-080525 Invoice 08/13/2025 $3,401.39 41202 $3,401.39 08/13/2025
$3,401.39 $3,401.39
SEPT2025 Invoice 08/20/2025 $221.12 86778 $221.12
25/09 Medical Premium 08/20/2025
$221.12 $221.12
5559902-00 Invoice 08/06/2025 $154.32 86697 $154.32
08/06/2025
5558696-00 Invoice 08/06/2025 $12.20 86697 $12.20
08/06/2025
5567110 Invoice 08/27/2025 $179.89 86810 $179.89
08/27/2025
$346.41 $346.41
166910101 Invoice 08/05/2025 $510.68 41198 $510.68
25/08 Vision Coverage 08/05/2025
$510.68 $510.68
2025 Scholarship Recipient
Tanuj Patel
08/27/2025 08/27/2025
FY24/25 Delinquent Solid
Totals for CR&R, INC:
CROWN CASTLE
08/20/2025 08/20/2025
Refund Duplicate Payment
Totals for CROWN CASTLE:
CSU POMONA
08/27/2025 08/27/2025
DHARITA THAKKARKAIRA
08/06/2025 08/06/2025
Totals for CSU POMONA:
DAN ROCHA
08/13/2025 08/13/2025
Nov. 2024 G. E. Candidate
Statement Deposit Refund
Totals for DAN ROCHA:
DANIEL HERNANDEZ
07/01/2025 08/13/2025
2025 Entertainment - Live
Totals for DANIEL HERNANDEZ:
DEB'S BOOKKEEPLUS
08/03/2025 08/06/2025
25/05 and 25/06 Accounting
Totals for DEB'S BOOKKEEPLUS:
Totals for ERNESTO OLIVARES:
FACILITY SOLUTIONS GROUP, INC
Breaker repair for AOLCC
Totals for DUPRE ENTERPRISES:
Employment Development Dept
08/12/2025 08/14/2025
Totals for DHARITA THAKKARKAIRA:
DIXING JIANG
08/06/2025 08/06/2025
Soccer Refund - Not Enough
Totals for DIXING JIANG:
DUPRE ENTERPRISES
06/19/2025 08/20/2025
Breaker repair for AOLCC
06/12/2025 08/20/2025
Unemployment for the
period of 04/01/2025 -
Totals for Employment Development Dept:
Enterprise FM Trust
08/13/2025 08/20/2025
25/08 Electric Vehicle Lease
& Fleet Maintenance
Totals for Enterprise FM Trust:
ERNESTO OLIVARES
08/20/2025 08/20/2025
Totals for FIDELITY SECURITY LIFE INSURANCE CO.:
06/23/2025 08/06/2025
Light Bulbs for 91 Freeway
06/12/2025 08/06/2025
Light Bulbs for 91 Freeway
08/07/2025 08/27/2025
Bulbs for 91 Freeway
Totals for FACILITY SOLUTIONS GROUP, INC:
FIDELITY SECURITY LIFE INSURANCE CO.
08/05/2025 08/14/2025
250700 Invoice 08/27/2025 $10,346.17 86811 $10,346.17
08/27/2025
$10,346.17 $10,346.17
2025-1352 Invoice 08/13/2025 $8,900.00 86741 $8,900.00
08/13/2025
$8,900.00 $8,900.00
7/1/2025 Invoice 08/06/2025 $9,798.00 86698 $9,798.00
08/06/2025
$9,798.00 $9,798.00
080825 Invoice 08/13/2025 $80.00 86742 $80.00
08/13/2025
08222025 Invoice 08/27/2025 $46.09 86812 $46.09
08/27/2025
08222025 Invoice 08/27/2025 $80.00 86813 $80.00
08/27/2025
$206.09 $206.09
3231563850-071925 Invoice 08/13/2025 $184.99 41210 $184.99 08/13/2025
5628095136-071625 Invoice 08/13/2025 $234.62 41210 $234.62 08/13/2025
2131797882-080425 Invoice 08/27/2025 $65.98
08/27/2025
$485.59 $419.61
08122025 Invoice 08/27/2025 $10,000.00 86814 $10,000.00 08/27/2025
$10,000.00 $10,000.00
87877406 Invoice 08/06/2025 $150.00 86699 $150.00
08/06/2025
$150.00 $150.00
0055238698-081325 Invoice 08/25/2025 $239.91 41211 $239.91 25/07 11938 South St 08/25/2025
2865004438-080725 Invoice 08/25/2025 $142.47 41211 $142.47 08/25/2025
4905793578-081425 Invoice 08/25/2025 $261.12 41211 $261.12 25/07 18530 Corby Ave. 08/25/2025
1373230000-081525 Invoice 08/25/2025 $473.90 41211 $473.90 08/25/2025
8072740000-080625 Invoice 08/25/2025 $701.30 41211 $701.30 25/07 11710 South St IRR 08/25/2025
4302440000-080625 Invoice 08/25/2025 $545.35 41211 $545.35 25/07 11734 IRR Artesia 08/25/2025
4273230000-081825 Invoice 08/25/2025 $967.60 41211 $967.60 25/07 12034 Artesia IRR 08/25/2025
1113139225-081525 Invoice 08/25/2025 $571.38 41211 $571.38 08/25/2025
9725940000-081525 Invoice 08/25/2025 $70.30 41211 $70.30 25/07 17202 Alburtis 08/25/2025
8217720000-081525 Invoice 08/25/2025 $273.56 41211 $273.56 25/07 17203 Corby Ave. 08/25/2025
8756430000-081825 Invoice 08/25/2025 $688.27 41211 $688.27 08/25/2025
7902030000-081525 Invoice 08/25/2025 $1,097.51 41211 $1,097.51 08/25/2025
8783687207-081325 Invoice 08/25/2025 $272.39 41211 $272.39 25/07 18506 Pioneer Blvd 08/25/2025
2942430000-080625 Invoice 08/25/2025 $174.25 41211 $174.25 365 Business Standard
Totals for FORTIFYIT:
FRANCHISE TAX BOARD
FIESTA COOPERATIVE INC.
07/31/2025 08/27/2025
25/07 Dial-a-Ride Services
Totals for FIESTA COOPERATIVE INC.:
FLASHVOTE
07/01/2025 08/13/2025
FY25/26 FlashVote Annual
Totals for FLASHVOTE:
FORTIFYIT
05/15/2025 08/06/2025
City Hall Internet 7/19-
08/13/2025 08/27/2025
Public Work Internet 7/16-
08/27/2025
Public Work Internet 8/4-
Totals for FRONTIER:
08/08/2025 08/13/2025
Ericka Jackson, 08/08/2025
08/22/2025 08/27/2025
Rene Trevino, 08/22/2025
08/22/2025 08/27/2025
Ericka Jackson, 08/22/2025
Totals for FRANCHISE TAX BOARD:
FRONTIER
08/13/2025 08/27/2025
25/07 11504 Artesia Blvd
08/25/2025 08/27/2025
GATEWAY CITIES COUNCIL OF GOVERNMENTS
08/12/2025 08/27/2025
FY25/26 Membership Dues
Line Corridor Committee
Totals for GATEWAY CITIES COUNCIL OF GOVERNMENTS:
GIRL SCOUTS OF GREATER LA
08/06/2025 08/06/2025
Facility Deposit Refund
Totals for GIRL SCOUTS OF GREATER LA:
GOLDEN STATE WATER COMPANY
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 18609 IRR Pioneer
08/25/2025 08/27/2025
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 17512 IRR Norwalk
08/25/2025 08/27/2025
08/25/2025 08/27/2025
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 17189 IRR Baber Ave.
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 17815 Pioneer Blvd
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 18641 Corby 08/25/2025
2274300000-080625 Invoice 08/25/2025 $250.47 41211 $250.47 25/07 18644 Alburtis Ave. 08/25/2025
9174300000-080625 Invoice 08/25/2025 $542.92 41211 $542.92 08/25/2025
0274300000-080625 Invoice 08/25/2025 $33.45 41211 $33.45 08/25/2025
1274300000-080625 Invoice 08/25/2025 $551.86 41211 $551.86 25/07 18750 Clarkdale 08/25/2025
8514744341-081325 Invoice 08/25/2025 $809.26 41211 $809.26 08/25/2025
6350093223-081325 Invoice 08/25/2025 $506.23 41211 $506.23 08/25/2025
5534220000-080625 Invoice 08/25/2025 $408.94 41211 $408.94 08/25/2025
9138539384-080725 Invoice 08/25/2025 $928.47 41211 $928.47 08/25/2025
5353387681-080625 Invoice 08/25/2025 $311.35 41211 $311.35 08/25/2025
7677238922-081425 Invoice 08/25/2025 $254.07 41211 $254.07 25/07 11504 178th St. 08/25/2025
2376836656-071525 Invoice 08/25/2025 $1,357.35 41211 $1,357.35 08/25/2025
$12,433.68 $12,433.68
INV-141622 Invoice 08/20/2025 $4,189.60 86779 $4,189.60 08/20/2025
$4,189.60 $4,189.60
93092861 Invoice 08/06/2025 $150.00 86700 $150.00
08/06/2025
$150.00 $150.00
SIN052562 Invoice 08/06/2025 $2,264.51 86701 $2,264.51
08/06/2025
SIN052845 Invoice 08/13/2025 $795.00 86743 $795.00
08/13/2025
$3,059.51 $3,059.51
JULY2025 Invoice 08/13/2025 $1,712.75 86744 $1,712.75
July '25 - Karate Class 08/13/2025
$1,712.75 $1,712.75
93634293 Invoice 08/06/2025 $75.00 86702 $75.00
08/06/2025
$75.00 $75.00
87829803 Invoice 06/04/2025 $150.00 86703 $150.00
06/04/2025
$150.00 $150.00
JUN/AUG2025 Invoice 08/13/2025 $5,119.00 86745 $5,119.00 08/13/2025
$5,119.00 $5,119.00
IR-4788 Invoice 08/20/2025 $1,700.00 86780 $1,700.00
08/20/2025
$1,700.00 $1,700.00
ART1MS412506 Invoice 07/27/2025 $1,958.75 86815 $1,958.75 08/27/2025
ART1UO12504 Invoice 08/27/2025 $1,250.00 86815 $1,250.00 08/27/2025
ART1UO12505 Invoice 08/27/2025 $180.00 86815 $180.00
08/27/2025
08/25/2025 08/27/2025
25/07 Norwalk Blvd So of
08/25/2025 08/27/2025
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 18747 Clarkdale Ave.
08/25/2025 08/27/2025
25/07 18747 Fp Clarkdale
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 18803 Elaine Ave.
08/25/2025 08/27/2025
25/07 Norwalk & South St.
GRACE VEGA
07/29/2025 08/06/2025
25/07 17514 Norwalk Blvd
08/25/2025 08/27/2025
25/07 Droxford St Norwalk
08/25/2025 08/27/2025
08/25/2025 08/27/2025
25/07 186th St & Jersey Ave
Totals for GOLDEN STATE WATER COMPANY:
Governmentjobs.com, Inc.
08/06/2025 08/20/2025
FY25/26 Onboard
Totals for Governmentjobs.com, Inc.:
08/13/2025 08/13/2025
JENNIFER LOPEZ
06/04/2025 08/06/2025
Facility Deposit Refund
Totals for GRACE VEGA:
HDL COREN & CONE
07/28/2025 08/06/2025
July/Sept '25 Property Tax
07/31/2025 08/13/2025
FY24/25 ACFR Statistical
Totals for HDL COREN & CONE:
HEDSSON JIMENEZ
08/13/2025 08/13/2025
Security Deposit Refund
Totals for JENNIFER LOPEZ:
Totals for HEDSSON JIMENEZ:
JAKKIA SCOTT
08/06/2025 08/06/2025
Facility Deposit Refund
Totals for JAKKIA SCOTT:
JESSIE SHEPHERD
Jun/Aug '25 Line Dance,
Totals for JESSIE SHEPHERD:
JESUS RODRIGUEZ
08/20/2025 08/20/2025
Labor Day Community BBQ
Live Band Entertainment
Totals for JESUS RODRIGUEZ:
JOHN L HUNTER & ASSOCIATES
06/23/2025 08/27/2025
25/04 Oil Payment Program
07/16/2025 08/27/2025
25/05 Oil Payment Program
07/16/2025 08/27/2025
25/06 Municipal Storm
ART1UO12506 Invoice 08/27/2025 $390.00 86815 $390.00
08/27/2025
ART1MS412505 Invoice 08/27/2025 $983.75 86815 $983.75
08/27/2025
ART1MS412501 Invoice 08/27/2025 $1,265.00 86815 $1,265.00 08/27/2025
$6,027.50 $6,027.50
SEPT2025 Invoice 08/20/2025 $221.12 86781 $221.12
25/09 Medical Premium 08/20/2025
$221.12 $221.12
SEPT2025 Invoice 08/20/2025 $32.28 86782 $32.28
25/09 Medical Premium 08/20/2025
$32.28 $32.28
081425 Invoice 08/27/2025 $7,165.00 86816 $7,165.00
Annual Report 2025 08/27/2025
$7,165.00 $7,165.00
SEPT2025 Invoice 08/20/2025 $225.36 86783 $225.36
25/09 Medical Premium 08/20/2025
$225.36 $225.36
IR-4762 Invoice 08/13/2025 $615.80 86746 $615.80
08/13/2025
$615.80 $615.80
080725 Invoice 08/13/2025 $375.00 86747 $375.00
08/13/2025
$375.00 $375.00
AR250731 Invoice 08/06/2025 $4,150.00 86704 $4,150.00
25/07 Lobbyist Service 08/06/2025
$4,150.00 $4,150.00
32386019-1 Invoice 08/06/2025 $4,894.55 86705 $4,894.55 08/06/2025
$4,894.55 $4,894.55
24-1479 Jul25 Invoice 08/20/2025 $1,408.68 86784 $1,408.68 25/07 CAL FIRE Tree Mtc. 08/20/2025
24-1479 Jun25 Invoice 08/20/2025 $4,930.38 86784 $4,930.38 25/06 CAL FIRE Tree Mtc. 08/20/2025
$6,339.06 $6,339.06
JULY2025 Invoice 08/27/2025 $8,239.67 86817 $8,239.67
25/07 Animal Housing 08/27/2025
$8,239.67 $8,239.67
08152025 Invoice 08/27/2025 $139.70 86818 $139.70
25/08 Supplemental Ins. 08/27/2025
$139.70 $139.70
JULY/AUG2025 Invoice 08/13/2025 $210.60 86748 $210.60
July/Aug '25 Zumba PM 08/13/2025
$210.60 $210.60
4863310348 Invoice 08/05/2025 $2,229.97 41199 $2,229.97 08/05/2025
$2,229.97 $2,229.97
87218210 Invoice 08/06/2025 $65.00 86706 $65.00
08/06/2025
$65.00 $65.00
25/06 Oil Payment Program
07/16/2025 08/27/2025
25/05 Municipal Storm
07/16/2025 08/27/2025
KENNY CALEB
08/07/2025 08/13/2025
KAREN GONZALEZ
08/14/2025 08/27/2025
Totals for KAREN GONZALEZ:
03/24/2025 08/27/2025
25/01 Municipal Storm
Totals for JOHN L HUNTER & ASSOCIATES:
JOSE ASCENCIO
08/20/2025 08/20/2025
Totals for JOSE ASCENCIO:
JUSTINE MENZEL
08/20/2025 08/20/2025
Totals for JUSTINE MENZEL:
KAREN HEATH
08/20/2025 08/20/2025
Totals for KAREN HEATH:
KAREN HUI-CHING WU
08/13/2025 08/13/2025
Permit Cancellation - 12151
Totals for KAREN HUI-CHING WU:
08/08/2025 08/20/2025
07/09/2025 08/20/2025
Totals for LA CONSERVATION CORPS:
YAL Opening the Door
Totals for KENNY CALEB:
KILEY & ASSOCIATES LLC
07/31/2025 08/06/2025
Totals for KILEY & ASSOCIATES LLC:
KIMLEY HORN AND ASSOCIATES INC
07/30/2025 08/06/2025
25/06 Charges for Form 60
Totals for KIMLEY HORN AND ASSOCIATES INC:
LA CONSERVATION CORPS
Totals for LINDSAY WESTRA:
LA COUNTY DEPT OF ANIMAL CONTROL
08/25/2025 08/27/2025
Totals for LA COUNTY DEPT OF ANIMAL CONTROL:
LEGAL SHIELD
08/15/2025 08/27/2025
Totals for LEGAL SHIELD:
LETICIA MORRIS
08/13/2025 08/13/2025
Totals for LETICIA MORRIS:
LINCOLN NATIONAL LIFE INSURANCE
08/05/2025 08/14/2025
25/08 Life & Disability Ins.
Totals for LINCOLN NATIONAL LIFE INSURANCE:
LINDSAY WESTRA
08/06/2025 08/06/2025
Basketball Schedule Conflict
93178295 Invoice 08/06/2025 $150.00 86707 $150.00
Deposit Refund 6/8/25 08/06/2025
$150.00 $150.00
IN250001015 Invoice 08/13/2025 $56,564.37 86749 $56,564.37 25/06 Building & Safety 08/13/2025
$56,564.37 $56,564.37
37674 Invoice 08/06/2025 $1,892.25 86708 $1,892.25
Legal Notice DTSP & 08/06/2025
Solid Waste
37671 Invoice 08/06/2025 $1,996.65 86708 $1,996.65
08/06/2025
37662 Invoice 08/06/2025 $1,761.75 86708 $1,761.75
08/06/2025
37719 Invoice 08/20/2025 $1,461.60 86785 $1,461.60
08/20/2025
37706 Invoice 08/20/2025 $1,996.65 86785 $1,996.65
Legal Notices 7/25/25 08/20/2025
$9,108.90 $9,108.90
91973296 Invoice 08/06/2025 $50.00 86709 $50.00
Basketball Clinic Refund 08/06/2025
$50.00 $50.00
145 Invoice 08/20/2025 $3,600.00 86786 $3,600.00
08/20/2025
$3,600.00 $3,600.00
92061633 Invoice 08/06/2025 $75.00 86710 $75.00
08/06/2025
$75.00 $75.00
114192 Invoice 08/06/2025 $1,250.00 86711 $1,250.00
(8) Fern Pines to Bike Trail 08/06/2025
115037 Invoice 08/27/2025 $8,903.00 86819 $8,903.00
08/27/2025
$10,153.00 $10,153.00
SEPT2025 Invoice 08/20/2025 $221.12 86787 $221.12
25/09 Medical Premium 08/20/2025
$221.12 $221.12
Artesia - 006 Invoice 08/13/2025 $300.00 86750 $300.00
08/13/2025
$300.00 $300.00
72825 Invoice 08/06/2025 $293.49 86712 $293.49
08/06/2025
$293.49 $293.49
M18876 Invoice 08/06/2025 $1,639.04 86713 $1,639.04
08/06/2025
08222025 Invoice 08/22/2025 $8,753.93 41212 $8,753.93
08/22/2025
08082025 Invoice 08/08/2025 $8,599.27 41212 $8,599.27
08/08/2025
$18,992.24 $18,992.24
1 Invoice 08/13/2025 $68.01 86751 $68.01
08/13/2025
$68.01 $68.01
LOKNATH TIMSINA
08/06/2025 08/06/2025
MADELAINE OROZCO
08/06/2025 08/06/2025
07/04/2025 08/06/2025
Legal Notice PH Artesia
Totals for LOKNATH TIMSINA:
LOS ANGELES COUNTY PUBLIC WORKS
07/18/2025 08/13/2025
Totals for LOS ANGELES COUNTY PUBLIC WORKS:
LOS CERRITOS COMMUNITY NEWS
07/04/2025 08/06/2025
06/27/2025 08/06/2025
Legal Notice Ord. PH Tax
08/01/2025 08/20/2025
Legal Notice Ords. 25- 973,
07/25/2025 08/20/2025
Totals for LOS CERRITOS COMMUNITY NEWS:
05/31/2025 08/06/2025
07/31/2025 08/27/2025
25/07 Landscape
Totals for MARIPOSA LANDSCAPES INC:
Totals for MADELAINE OROZCO:
MANUEL AGUIAR
08/20/2025 08/20/2025
Catering for the City's State
Totals for MANUEL AGUIAR:
MARIA FARIA
07/17/2025 08/06/2025
Security Deposit Refund
Totals for MARIA FARIA:
MARIPOSA LANDSCAPES INC
08/08/2025 08/27/2025
457b, 401a and Roth for
Totals for MissionSquare Retirement:
MARTIN GAMEZ
08/20/2025 08/20/2025
Totals for MARTIN GAMEZ:
MCGRATH PRODUCTIONS, LLC
07/25/2025 08/13/2025
Photography for NNO 2025
Totals for MCGRATH PRODUCTIONS, LLC:
MELISSA RAMOSO
08/06/2025 08/06/2025
Reimbursement for flight to
Totals for MELISSA RAMOSO:
MissionSquare Retirement
07/31/2025 08/06/2025
Q2 2025 Administrative
08/22/2025 08/27/2025
457b, 401a and Roth for
MONICA MANALO
08/13/2025 08/13/2025
Nov. 2024 G. E. Candidate
Statement Deposit Refund
Totals for MONICA MANALO:
MOTION PICTURE LICENSING CORPORATION
504445904 Invoice 08/20/2025 $806.54 86788 $806.54
08/20/2025
$806.54 $806.54
IR-4754 Invoice 07/14/2025 $1,216.96 86752 $1,216.96
08/13/2025
$1,216.96 $1,216.96
SEPT2025 Invoice 08/20/2025 $221.12 86789 $221.12
25/09 Medical Premium 08/20/2025
$221.12 $221.12
34873 Invoice 08/06/2025 $16,333.34 86714 $16,333.34
25/07 Street Sweeping 08/06/2025
$16,333.34 $16,333.34
156493 Invoice 08/27/2025 $14,372.00 86820 $14,372.00
08/27/2025
$14,372.00 $14,372.00
1388 Invoice 08/06/2025 $5,000.00 86715 $5,000.00
08/06/2025
$5,000.00 $5,000.00
INV 4894124 Invoice 08/06/2025 $6,822.00 86716 $6,822.00 08/06/2025
4962931 Invoice 08/20/2025 $5,981.00 86790 $5,981.00
08/20/2025
$12,803.00 $12,803.00
5784-356414 Invoice 08/20/2025 $40.83 86791 $40.83
PW Vehicle - Motor Oil 08/20/2025
$40.83 $40.83
26-2025 Invoice 08/27/2025 $11,329.10 86821 $11,329.10
08/27/2025
$11,329.10 $11,329.10
INV06517677 Invoice 08/08/2025 $375.67 41200 $375.67
08/08/2025
$375.67 $375.67
INVM0020012 Invoice 08/13/2025 $21,708.32 86753 $21,708.32 25/07 Bus Service 08/13/2025
INVM0019993 Invoice 08/13/2025 $18,876.80 86753 $18,876.80 25/06 Bus Service 08/13/2025
$40,585.12 $40,585.12
Invoice #JAN/JUL2025 Invoice 08/06/2025 $199.68 86717 $199.68 08/06/2025
$199.68 $199.68
ART-02.0-21 Invoice 08/13/2025 $5,136.10 86754 $5,136.10 25/07 ADSP TOD SIP 08/13/2025
$5,136.10 $5,136.10
25H0019353937 Invoice 08/20/2025 $72.71 41213 $72.71
08/20/2025
25H0021825716 Invoice 08/20/2025 $124.02 41213 $124.02
08/20/2025
25H0019168509 Invoice 08/20/2025 $131.91 41213 $131.91
08/20/2025
25H1158700003 Invoice 08/20/2025 $323.78 41213 $323.78
08/20/2025
$652.42 $652.42
08/20/2025 08/20/2025
MPLC license for 11/24-
Traffic Markings Various
Totals for ONLINE STRIPING SERVICE:
OPC TRANSYSTEMS CORPORATION
Totals for MOTION PICTURE LICENSING CORPORATION:
NATALIE HERRERA
08/20/2025 08/20/2025
Totals for NATALIE HERRERA:
NATIONAL ENVIRONMENTAL SERVICES
07/15/2025 08/06/2025
Totals for NATIONAL ENVIRONMENTAL SERVICES:
OC PUMP COMPANY
07/21/2025 08/27/2025
Water Tank Bypass
Totals for OC PUMP COMPANY:
ONLINE STRIPING SERVICE
06/19/2025 08/06/2025
Totals for PCAM, LLC:
PETTY CASH
08/05/2025 08/27/2025
Management Team Session
Totals for PATRICK IBARRA:
05/31/2025 08/06/2025
25/05 AJ Padelford Park
08/18/2025 08/20/2025
25/07 AJ Padelford Park
Totals for OPC TRANSYSTEMS CORPORATION:
O'REILLY AUTOMOTIVE INC
07/28/2025 08/20/2025
Totals for O'REILLY AUTOMOTIVE INC:
PATRICK IBARRA
Paycor, Inc.
08/08/2025 08/14/2025
25/08 Monthly Service
Totals for Paycor, Inc.:
PCAM, LLC
07/31/2025 08/13/2025
06/30/2025 08/13/2025
Artesia Park - Water 7/15-
08/20/2025 08/27/2025
08/06/2025 08/06/2025
Replenish Petty Cash 01/09 -
Totals for PETTY CASH:
PLACEWORKS INC.
07/31/2025 08/13/2025
Totals for PLACEWORKS INC.:
PRIMO BRANDS
08/20/2025 08/27/2025
AJ Park - Water 7/15-
MS PHOTOGRAPHY
07/14/2025 08/13/2025
Miss Artesia Pageant
Photographer for Portraits
Totals for MS PHOTOGRAPHY:
City Hall - Water 7/15-
Totals for PRIMO BRANDS:
08/20/2025 08/27/2025
Public Works - Water 7/15-
08/20/2025 08/27/2025
80855574-080325 Invoice 08/22/2025 $1,003.00 41214 $1,003.00 Refilled Postage Machine 08/22/2025
$1,003.00 $1,003.00
Q1974058-081125 Invoice 08/11/2025 $230.99 41215 $230.99 08/11/2025
$230.99 $230.99
06122025 Invoice 06/17/2025 $250.00 86755 $250.00
06/17/2025
08142025 Invoice 08/20/2025 $1,000.00 86792 $1,000.00
08/20/2025
$1,250.00 $1,250.00
18013 Invoice 07/25/2025 $500.00 86822 $500.00
08/27/2025
$500.00 $500.00
18156397002 Invoice 08/15/2025 $160.42 41203 $160.42
08/15/2025
$160.42 $160.42
65233843 Invoice 08/06/2025 $1,817.60 86718 $1,817.60
08/06/2025
65224761 Invoice 08/06/2025 $1,960.00 86718 $1,960.00
08/06/2025
65209969 Invoice 08/06/2025 $1,090.56 86718 $1,090.56
08/06/2025
65270338 Invoice 08/13/2025 $1,420.00 86756 $1,420.00
Planning Administrative 08/13/2025
Assistant WE 8/1/25
65251547 Invoice 08/13/2025 $1,568.00 86756 $1,568.00
08/13/2025
65283682 Invoice 08/20/2025 $1,817.60 86793 $1,817.60
08/20/2025
65289586 Invoice 08/20/2025 $1,935.50 86793 $1,935.50
08/20/2025
65307529 Invoice 08/27/2025 $1,454.08 86823 $1,454.08
08/27/2025
65309091 Invoice 08/27/2025 $1,568.00 86823 $1,568.00
08/27/2025
$14,631.34 $14,631.34
ID428006360 Invoice 08/13/2025 $300.00 86757 $300.00
08/13/2025
$300.00 $300.00
5333 Invoice 08/20/2025 $250.00 86794 $250.00
08/20/2025
5336 Invoice 08/20/2025 $1,200.00 86794 $1,200.00
08/20/2025
5335 Invoice 08/20/2025 $1,645.00 86794 $1,645.00
25/07 11709 Artesia Blvd 08/20/2025
5334 Invoice 08/20/2025 $2,130.00 86794 $2,130.00
25/07 Housing Element 08/20/2025
5334 Invoice 08/20/2025 $4,370.00 86794 $4,370.00
25/07 Downtown Specific 08/20/2025
Plan Project
5332 Invoice 08/20/2025 $16,335.00 86794 $16,335.00
08/20/2025
$25,930.00 $25,930.00
HR Administrative Assistant
07/24/2025 08/06/2025
Planning Administrative
08/07/2025 08/13/2025
Stamp Machine Lease 9/12-
Totals for QUADIENT LEASING USA:
RAINSTOP ROOFING SPECIALISTS
08/20/2025 08/20/2025
25/08 C&D Deposit Refund18000 Pioneer Blvd
Totals for RAINSTOP ROOFING SPECIALISTS:
RINGCENTRAL
08/15/2025 08/20/2025
25/08 Telecommunication
Totals for RINGCENTRAL:
07/25/2025 08/27/2025
C&D Refund-18721 Arline
Totals for REALTY SPECIALTIES:
ROBERT HALF
07/31/2025 08/06/2025
Planning Administrative
07/31/2025 08/06/2025
25/07 11746 South St.
07/31/2025 08/20/2025
08/07/2025 08/13/2025
HR Administrative Assistant
08/14/2025 08/20/2025
Planning Administrative
08/14/2025 08/20/2025
HR Administrative Assistant
08/21/2025 08/27/2025
Planning Administrative
08/21/2025 08/27/2025
HR Administrative Assistant
Totals for ROBERT HALF:
ROCHESTER INSTITUTE OF TECHOLOGY
08/13/2025 08/13/2025
2025 Scholarship Recipient -
Juan Alfonso Abad
Totals for ROCHESTER INSTITUTE OF TECHOLOGY:
SAGECREST PLANNING AND ENVIRONMENTAL
07/31/2025 08/20/2025
07/31/2025 08/20/2025
25/07 General Planning
Totals for SAGECREST PLANNING AND ENVIRONMENTAL:
25/07 17610 Pioneer Blvd (
07/31/2025 08/20/2025
07/31/2025 08/20/2025
07/31/2025 08/20/2025
SAN DIEGO STATE UNIVERSITY
25/06 C&D Deposit Refund-
REALTY SPECIALTIES
06/12/2025 08/13/2025
Quadient Finance USA Inc.
08/22/2025 08/27/2025
Totals for Quadient Finance USA Inc.:
QUADIENT LEASING USA
08/11/2025 08/27/2025
ID13347454 Invoice 08/13/2025 $700.00 86758 $700.00
08/13/2025
$700.00 $700.00
JUN/AUG2025 Invoice 08/13/2025 $237.90 86759 $237.90
Jun/Aug '25 - Guitar Class 08/13/2025
$237.90 $237.90
9047 Invoice 08/13/2025 $250.00 86760 $250.00
Q3 2025 Advisory Fee 08/13/2025
$250.00 $250.00
700454958639-072925 Invoice 08/07/2025 $23.03 41201 $23.03 25/07 18510 Corby Ave. 08/07/2025
700483004874-072925 Invoice 08/07/2025 $15,368.88 41201 $15,368.88 25/07 Various Locations 08/07/2025
700485859203-072925 Invoice 08/07/2025 $3,071.18 41201 $3,071.18 08/07/2025
700492283835-072125 Invoice 08/07/2025 $293.57 41201 $293.57 08/07/2025
700492421150-072125 Invoice 08/07/2025 $163.93 41201 $163.93 25/07 Artesia/Gridley 08/07/2025
700498964105-072125 Invoice 08/07/2025 $2,474.38 41201 $2,474.38 08/07/2025
700560422190-072125 Invoice 08/07/2025 $50.56 41201 $50.56 08/07/2025
700562509108-072125 Invoice 08/07/2025 $76.45 41201 $76.45 25/07 12001 Artesia Blvd 08/07/2025
700405333439-072925 Invoice 08/07/2025 $1,162.23 41201 $1,162.23 25/07 Various Locations 08/07/2025
700491366274-080125 Invoice 08/07/2025 $17,997.60 41201 $17,997.60 25/07 Various Locations 08/07/2025
$40,681.81 $40,681.81
12690659565-081425 Invoice 08/20/2025 $15.78 41204 $15.78 25/08 18641 Corby Ave 08/20/2025
17740623008-080425 Invoice 08/20/2025 $16.98 41204 $16.98 08/20/2025
17950623003-080425 Invoice 08/20/2025 $19.19 41204 $19.19 08/20/2025
17949759637-081420 Invoice 08/20/2025 $10.30 41204 $10.30 25/08 18644 Alburtis Ave 08/20/2025
04530693599-081525 Invoice 08/20/2025 $15.29 41204 $15.29 08/20/2025
12280628004-081525 Invoice 08/20/2025 $78.93 41204 $78.93 08/20/2025
$156.47 $156.47
618141 Invoice 08/13/2025 $1,911.15 86761 $1,911.15
08/13/2025
$1,911.15 $1,911.15
109926 Invoice 08/13/2025 $126.21 86762 $126.21
Keys needed for new staff 08/13/2025
$126.21 $126.21
79779 Invoice 08/06/2025 $9,720.00 86719 $9,720.00
08/06/2025
80075 Invoice 08/13/2025 $10,800.00 86763 $10,800.00
08/13/2025
80318 Invoice 08/27/2025 $10,800.00 86824 $10,800.00
08/27/2025
$31,320.00 $31,320.00
SHUSTER ADVISORY GROUP
07/31/2025 08/13/2025
08/13/2025 08/13/2025
2025 Scholarship Recipient -
Savanna Sousa
Totals for SAN DIEGO STATE UNIVERSITY:
SEUNG YOUNG JEUNG
08/13/2025 08/13/2025
Totals for SEUNG YOUNG JEUNG:
08/07/2025 08/14/2025
08/07/2025 08/14/2025
25/07 18750 Clarkdale EV
Totals for SHUSTER ADVISORY GROUP:
SOUTHERN CALIFORNIA EDISON CO
08/07/2025 08/14/2025
08/07/2025 08/14/2025
08/07/2025 08/14/2025
25/07 Various Traffic Signals
08/07/2025 08/14/2025
25/07 Various Locations TCJuly/Aug '25 11870 169th
08/20/2025 08/20/2025
08/07/2025 08/14/2025
25/07 18600 1/2 S Norwalk
08/07/2025 08/14/2025
08/07/2025 08/14/2025
08/07/2025 08/14/2025
Totals for SOUTHERN CALIFORNIA EDISON CO:
Southern California Gas Company
08/20/2025 08/20/2025
08/20/2025 08/20/2025
25/08 18747 Clarkdale Ave
08/20/2025 08/20/2025
25/08 18750 Clarkdale Ave.
08/20/2025 08/20/2025
08/20/2025 08/20/2025
July/Aug '25 11931 South
Totals for Southern California Gas Company:
SOUTHERN CALIFORNIA NEWS GROUP
08/13/2025 08/13/2025
Legal Notice 5/29/25 - FEIR
Totals for SOUTHERN CALIFORNIA NEWS GROUP:
SOUTHERN CALIFORNIA SECURITY CENTERS
08/07/2025 08/13/2025
Totals for SOUTHERN CALIFORNIA SECURITY CENTERS:
SOUTHWEST PATROL INC
07/13/2025 08/06/2025
2 Patrol Units 7/1/25-
07/31/2025 08/13/2025
Security Guard Services - (2)
08/15/2025 08/27/2025
Security Guard Services 8/1-
Totals for SOUTHWEST PATROL INC:
SPORTS FACILITIES GROUP, INC
A18790 Invoice 08/13/2025 $6,259.07 86764 $6,259.07
08/13/2025
$6,259.07 $6,259.07
R-00605441 Invoice 08/27/2025 $1,451.16 86825 $1,451.16 08/27/2025
S-01153264 Invoice 08/27/2025 $283.50 86825 $283.50
08/27/2025
$1,734.66 $1,734.66
880800 Invoice 08/12/2025 $690.82 41205 $690.82
08/12/2025
$690.82 $690.82
011012025 Invoice 08/20/2025 $250.00 86795 $250.00
08/20/2025
$250.00 $250.00
32898 Invoice 08/27/2025 $117.11 86826 $117.11
Copy paper 08/27/2025
$117.11 $117.11
25/07 Invoice 08/13/2025 $3,130.00 86765 $3,130.00
08/13/2025
$3,130.00 $3,130.00
93092387 Invoice 08/06/2025 $75.00 86720 $75.00
08/06/2025
$75.00 $75.00
981989691-080125 Invoice 08/13/2025 $1,032.08 41206 $1,032.08 08/13/2025
$1,032.08 $1,032.08
IR-4683 Invoice 08/06/2025 $600.00 86721 $600.00
08/06/2025
IR-4781 Invoice 08/20/2025 $350.00 86796 $350.00
08/20/2025
$950.00 $950.00
186843200-0 Invoice 08/20/2025 $349.14 86797 $349.14
25/08 Telephone Service 08/20/2025
$349.14 $349.14
7883-25/07 Invoice 08/08/2025 $48,834.06 41207 $48,834.06 08/08/2025
$48,834.06 $48,834.06
ID3041580597 Invoice 08/13/2025 $700.00 86766 $700.00
08/13/2025
$700.00 $700.00
ID706653024 Invoice 08/27/2025 $1,000.00 86827 $1,000.00 08/27/2025
$1,000.00 $1,000.00
515020 - DT Invoice 08/27/2025 $850.00 86828 $850.00
08/27/2025
$850.00 $850.00
1300642 Invoice 08/20/2025 $960.00 41208 $960.00
08/20/2025
Totals for SPORTS FACILITIES GROUP, INC:
SSD ALARM SYSTEMS
08/27/2025 08/27/2025
07/03/2025 08/13/2025
Basketball hoop
Facility Deposit Refund
Totals for TESHIA CANET:
T-MOBILE
Photographer for SOTC 8/28
Totals for STEVEN DOUGLAS WRIGHT:
SUPERIOR OFFICE PRODUCTS
08/21/2025 08/27/2025
9/1-11/30/25 18747
08/21/2025 08/27/2025
AJ Park Bldg B - Updated
Totals for SSD ALARM SYSTEMS:
Sterling Administration
08/12/2025 08/20/2025
25/08 FSA/DCA
Totals for Sterling Administration:
STEVEN DOUGLAS WRIGHT
08/20/2025 08/20/2025
Totals for SUPERIOR OFFICE PRODUCTS:
TERRA REALTY ADVISORS INC.
08/04/2025 08/13/2025
25/07 Review Potential City
Totals for TERRA REALTY ADVISORS INC.:
TESHIA CANET
08/06/2025 08/06/2025
Totals for UC Regents:
UNIVERSITY OF CALIFORNIA LOS ANGELES
08/27/2025 08/27/2025
TPX COMMUNICATIONS
08/16/2025 08/20/2025
Totals for TPX COMMUNICATIONS:
08/13/2025 08/20/2025
25/08 City Cell Phone
Totals for T-MOBILE:
TNT Fireworks
08/06/2025 08/06/2025
(6) Firework Stand Cleaning
08/20/2025 08/20/2025
TNT Cleaning Fee -
Totals for TNT Fireworks:
U.S. BANK CORPORATE PAYMENT SYSTEMS
08/08/2025 08/20/2025
25/07 Credit Card Purchases
Totals for U.S. BANK CORPORATE PAYMENT SYSTEMS:
UC Regents
08/13/2025 08/13/2025
2025 Scholarship Recipient -
Ananya Anand
2025 Scholarship Recipient -
Milan Allanigue
Totals for UNIVERSITY OF CALIFORNIA LOS ANGELES:
VALIANCE CAPITAL LLC
08/27/2025 08/27/2025
Youth Basketball Playoff
Totals for VALIANCE CAPITAL LLC:
VALLEY ALARM
08/20/2025 08/20/2025
Artesia Park - Call/our
Repair Monitoring System
$960.00 $960.00
93092122 Invoice 08/06/2025 $150.00 86722 $150.00
08/06/2025
$150.00 $150.00
0160-063025 Invoice 08/06/2025 $131.10 86723 $131.10
08/06/2025
$131.10 $131.10
81359880 Invoice 08/20/2025 $105.90 86798 $105.90
25/08 18641 Corby Ave 08/20/2025
81359879 Invoice 08/20/2025 $105.90 86798 $105.90
25/08 18644 187th St. 08/20/2025
81361290 Invoice 08/20/2025 $125.93 86798 $125.93
25/08 17203 Corby Ave. 08/20/2025
81359980 Invoice 08/20/2025 $127.12 86798 $127.12
08/20/2025
$464.85 $464.85
106612758 Invoice 08/20/2025 $2,028.40 41216 $2,028.40
08/20/2025
$2,028.40 $2,028.40
424751 Invoice 08/27/2025 $77.03 86829 $77.03
08/27/2025
$77.03 $77.03
00714594 Invoice 08/06/2025 $43,116.00 86724 $43,116.00 25/06 Planning Service 08/06/2025
00714578 Invoice 08/27/2025 $13,640.00 86830 $13,640.00 08/27/2025
$56,756.00 $56,756.00
010-62902 Invoice 08/06/2025 $2,925.00 86725 $2,925.00
08/06/2025
$2,925.00 $2,925.00
1 Invoice 08/13/2025 $68.01 86767 $68.01
08/13/2025
$68.01 $68.01
5610005938 Invoice 08/13/2025 $5,974.87 86768 $5,974.87 08/13/2025
90005007 Invoice 08/13/2025 $1,989.00 86768 $1,989.00
08/13/2025
$7,963.87 $7,963.87
1 Invoice 08/13/2025 $68.01 86769 $68.01
08/13/2025
REIMB Invoice 08/27/2025 $77.00 86831 $77.00
08/27/2025
$145.01 $145.01
$875,335.82 $875,335.82
Payroll 8/8/2025 $108,783.84
8/22/2025 $112,776.48
Total Payroll $221,560.32
Total Disbursement $1,096,896.14
VINOD PATEL
08/06/2025 08/06/2025
Facility Deposit Refund
Totals for VINOD PATEL:
Totals for VALLEY ALARM:
WHITTIER FERTILIZER
05/19/2025 08/27/2025
WATER REPLENISHMENT DISTRICT OF SO. CALIF.
08/06/2025 08/06/2025
25/06 Groundwater
Totals for WATER REPLENISHMENT DISTRICT OF SO. CALIF.:
WESTERN EXTERMINATOR COMPANY
08/05/2025 08/20/2025
08/05/2025 08/20/2025
08/05/2025 08/20/2025
08/05/2025 08/20/2025
25/08 18747 Clarkdale Ave.
Totals for WESTERN EXTERMINATOR COMPANY:
Wex Bank
08/20/2025 08/27/2025
25/07 Gas Card Purchases
Totals for Wex Bank:
08/06/2025
25/26 SLMD Annual District
Totals for WILLDAN FINANCIAL SERVICES:
WILLIAM MORANTE SR
08/13/2025 08/13/2025
Seed Cover for Artesia Parks
Totals for WHITTIER FERTILIZER:
WILLDAN ENGINEERING
07/14/2025 08/06/2025
07/14/2025 08/27/2025
25/06 Housing
Element/Mixed Use Overlay
Totals for WILLDAN ENGINEERING:
Nov. 2024 G. E. Candidate
Statement Deposit Refund
08/27/2025 08/27/2025
Mileage Reimbursement -
Totals for ZEEL J. AHIR:
GRAND TOTALS:
A total of 258 transaction(s) listed
Nov. 2024 G. E. Candidate
Statement Deposit Refund
Totals for WILLIAM MORANTE SR:
YUNEX LLC
08/05/2025 08/13/2025
25/07 Traffic Signal Call/Out
08/04/2025 08/13/2025
25/07 Traffic Signal
Totals for YUNEX LLC:
ZEEL J. AHIR
08/13/2025 08/13/2025
WILLDAN FINANCIAL SERVICES
07/25/2025
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9C.
TO: Mayor and Members of the City Council
SUBJECT: City Financial Report - July 2025
FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council receive and file the report.
BACKGROUND:
In accordance with Artesia Municipal Code (AMC) 2-4.705 (f), the attached Finance Report details the activity and balance for all City accounts and funds as of July 31, 2025. Reports are reconciled for cash on hand (bank) to cash recorded in the general ledger through the period ending July 31, 2025.
Activity for Money Market, Checking, Revolving, Cafeteria, Local Agency Investment Fund, CDBG, and Petty Cash are provided for review. Fund Balances compare the cash to each fund's obligation. The balance of the individual accounts and funds should be read with the understanding that cash on hand, is not cash available for unplanned expenditures. The cash balance encompasses the City's contingency reserves, operating expenditures, and monies kept in restricted use funds including Trust and Agency. The City of Artesia is debt-free; therefore, the finance report does not include any debt activity.
ANALYSIS:
The City is the recipient of several reimbursable grants. This means that, while the City has been awarded funding projects, the City must front the cost of those projects with General Fund revenue, and request reimbursement from the respective grantor as each project progresses. Towards that end, the balance of individual accounts and funds reflected in this Report will vary from month to month as expenses are made and reimbursements are received.
The Schedule of Investments highlights the City's longer duration investments held with Academy Asset Management, the City's investment advisor. A summary of these investments has always been highlighted on the Treasurer's Report; however, the Schedule of Investments provides an additional layer of visibility of the City's longer duration investments.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt and file of this Report.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council receive and file the report.
Attachments
Treasurer Report 072025.pdf
MONEY MARKET
ACCOUNT
CHECKING
ACCOUNT
LOCAL AGENCY
INVESTMENT
ACCOUNT
Beginning Balance - 7/1/25 320,677.66 47,719.95 7,052,763.83 State/County/Misc Monthly Wires 1,474,554.83 - -
Deposits 6,556.39 - -
Civic Plus Credit deposits - 11,107.00 -
Credit Transactions - 2,000.84 -
PayGov Credit Deposits - 31,523.45 -
Transfer from Money Market - 1,385,000.00 -
Transfer from LAIF Account - 1,710,000.00 -
Interest Income 6.60 - 70,432.16
Transfer to Checking Account (1,385,000.00) - (1,710,000.00) Transfer to LAIF Account - - -
Transfer to CAMP/CLASS Account - - -
Disbursements - (1,675,950.49) -
Benefits Wires - (24,509.69) -
PERS Health - (68,517.91) -
PERS Retirement - (479,968.09) -
Payroll - (214,726.01) -
Payroll Tax Wire (EDD/IRS) - (54,829.79) -
Bank Fees/Paid Parking Fees (1,621.47) (885.19) -
Ending Balance - 7/31/2025 415,174.01 667,964.07 5,413,195.99
CAMP ACCOUNT CLASS ACCOUNT ACADEMY AM
Beginning Balance - 7/1/25 7,481,858.60 6,990,840.44 5,067,006.17 Transfer from Checking Account - - -
Deposits 28,033.36 25,792.13 17,479.88
Transfer Out/Disbursements - (4,208.33)
Unrealized Gain/Loss - - (12,631.50)
Ending Balance - 7/31/2025 7,509,891.96 7,016,632.57 5,067,646.22
CAFETERIA
ACCOUNT
CDBG FIX-UP
PROGRAM PETTY CASH
Beginning Balance - 7/1/25 1,324.56 1,716.19 500.00
Deposits - - -
Disbursements - - -
Ending Balance - 7/31/2025 1,324.56 1,716.19 500.00
REVOLVING
ACCOUNT
TOTAL ALL
ACCOUNTS
Beginning Balance - 7/1/25 1,362.14 26,965,769.54
Deposits - 4,762,486.64
Disbursements - (5,620,216.97)
Unrealized Gain/Loss - (12,631.50)
Ending Balance - 7/31/2025 1,362.14 26,095,407.71
07/31/25
Treasurer's Report
City of Artesia
GENERAL FUND
(100)
SUMMER LUNCH
PROGRAM (150)
Cash Balance 15,097,833.03 6,425.49
Receivables 34,275.74 -
Prepaid Expenses 940,985.41 -
Investment Appreciation - -
Liabilities & Deposits (1,844,749.83) -
FUND BALANCE 14,228,344.35 6,425.49
SPECIAL REVENUE FUNDS
ARTESIA
HOUSING
AUTHORITY (200)
AJ PARK
EXPANSION (205)
BICYCLE /
PEDESTRIAN
FUND (210)
Cash Balance 836,826.44 (172,239.80) 17,654.28
Receivables - -
Liabilities (61,895.00) - -
FUND BALANCE 774,931.44 (172,239.80) 17,654.28
PUBLIC
EDUCATION IN
GOVERNMENT
(215)
BILLBOARD
FUND (220)
CNRA SPECIFIED
GRANT (225)
Cash Balance (14,635.69) 465,429.10 (506,096.71)
Receivables - 2,379,604.21 -
Liabilities - (2,278,216.63) -
FUND BALANCE (14,635.69) 566,816.68 (506,096.71)
HOUSING
URBAN
DEVELOPMENT
(227)
CALIFORNIA
BEVERAGE
RECYCLING
(230)
YOUTH
ACTIVITIES
LEAGUE (235)
Cash Balance 911.39 5,625.10 (12,377.59)
Receivables - - -
Liabilities - - -
FUND BALANCE 911.39 5,625.10 (12,377.59)
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/25
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/25
SPECIAL REVENUE FUNDS (continued)
CITIZEN OPTION
FOR PUBLIC
SAFETY (240)
CLEAN AIR FUEL
BUS GRANT
(250)
COMMUNITY
FACILITY
DISTRICT (260)
Cash Balance 209,149.11 (10,547.50) 83,398.86
Receivables - - -
Liabilities - - -
FUND BALANCE 209,149.11 (10,547.50) 83,398.86
COMMUNITY
DEVELOPMENT
BLOCK GRANT
(270)
CALIFORNIA
STREET GRANTS
(280)
FEDERAL STPL
(290)
Cash Balance (26,868.63) 539,734.32 71,069.12
Receivables - - -
Liabilities - - -
FUND BALANCE (26,868.63) 539,734.32 71,069.12
MAP 21
EXCHANGE (310)
MEASURE M
(320)
MEASURE R
(330)
Cash Balance 196,257.43 1,429,323.25 743,710.62
Receivables - -
Liabilities - - -
FUND BALANCE 196,257.43 1,429,323.25 743,710.62
TOD PLANNING
GRANT (340)
COUNTY PARK
IMPROVEMENT
(350)
PROPOSITION A
FUND (360)
Cash Balance (59,617.11) 650,243.93 544,603.60
Receivables - - -
Liabilities - - -
FUND BALANCE (59,617.11) 650,243.93 544,603.60
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/25
SPECIAL REVENUE FUNDS (continued)
PROPOSITION C
FUND (370) SB1 RMRA (375)
SB 1383
GIVEAWAY (377)
Cash Balance 645,003.87 1,088,531.09 74,592.19
Receivables - - -
Liabilities - - -
FUND BALANCE 645,003.87 1,088,531.09 74,592.19
SOUTH COAST
AIR QUALITY
MGMT DIST (390)
SAFE ROUTE TO
SCHOOL (400)
SHERIFF
FORFEITURES &
SEIZURES (410)
Cash Balance 310,838.71 (0.32) 447.20
Receivables - - -
Liabilities - - -
FUND BALANCE 310,838.71 (0.32) 447.20
STATE GAS TAX
(420)
HOME STAY
PROGRAM (430)
STREET
LIGHTING
MAINTENANCE
FUND (440)
Cash Balance (82,572.21) 3,455.94 92,438.80
Receivables - - -
Liabilities (1.57) - -
FUND BALANCE (82,573.78) 3,455.94 92,438.80
TRAFFIC
CONGESTION
RELIEF (450)
CAL FIRE URBAN
GRANT (460)
DEVELOPMENT
IMPACT FEES
(470)
Cash Balance 22,304.05 (73,304.55) 1,913,248.78
Receivables - - -
Liabilities - - -
FUND BALANCE 22,304.05 (73,304.55) 1,913,248.78
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/25
SPECIAL REVENUE FUNDS (continued)
MEASURE W
(480)
RECYCLED OIL
(490)
Cash Balance 631,322.73 6,921.63
Receivables - -
Liabilities (1,958.82) -
FUND BALANCE 629,363.91 6,921.63
CAPITAL PROJECTS FUNDS
SPECIAL /
CAPITAL
PROJECT FUND
(500)
PIONEER BOND
PROJECT (510)
HISTORICAL
DISTRICT BOND
PROJECT (520)
Cash Balance (174,428.70) 361,312.39 583,558.09
Receivables 19,533.97 - -
Liabilities - - -
FUND BALANCE (154,894.73) 361,312.39 583,558.09
AGENCY FUNDS
TRUST AND
AGENCY (710)
SENIOR
CITIZENS (720)
GEORGE
NELSON
MEMORIAL FUND
(740)
Cash Balance (38,210.09) 6,271.99 2,243.57
Receivables - - -
Liabilities 38,210.09 (6,271.99) (2,243.57)
FUND BALANCE - - -
TOTAL ALL FUNDS
Cash Balance 25,469,787.20
Receivables 2,433,413.92
Fixed Assets, net -
Prepaid Expenses 940,985.41
Investment Appreciation -
Liabilities (4,157,127.32)
FUND BALANCE 24,687,059.21
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/25
SUCCESSOR AGENCY FUNDS
SUCCESSOR
AGENCY ADMIN
PROJECTS (800)
SUCCESSOR
AGENCY TAX
INCREMENT
(810)
REDEVELPMT
OBLIGATION
RETIREMENT
FUND (820)
Cash Balance - - 625,620.51
Cash with Fiscal Agent - 688,700.73 -
Liabilities - - -
Bonds Payable - (11,844,776.50) (133,597.81)
FUND BALANCE - (11,156,075.77) 492,022.70
TOTAL SUCCESSOR FUNDS
Cash Balance 625,620.51
Cash with Fiscal Agent 688,700.73
Liabilities -
Bonds Payable (11,978,374.31)
FUND BALANCE (10,664,053.07)
Annual
COUPON YIELD@ Projected Weight
CUSIP # Date Date** COST # Interest
Money Market Funds + (Cash on Hand)
c First American Government Oblig F 31846V203 Various Demand N/A 3.980% $62,412.22 62,412.22 62,412.22 2,484.01 0.012 Subtotal $62,412.22 62,412.22 62,412.22 2,484.01 0.012
Government Securities:
UNITED STATES TREASURY 9128287B0 2/26/2025 6/30/2026 1.875% 1.930% 728,203.13 750,000.00 734,475.00 14,062.50 0.149 UNITED STATES TREASURY 912828Y95 2/27/2025 7/31/2026 1.875% 1.930% 726,621.09 750,000.00 733,215.00 14,062.50 0.149 UNITED STATES TREASURY 912828Z94 2/27/2025 2/15/2030 1.500% 1.690% 661,435.55 750,000.00 675,000.00 11,250.00 0.149 UNITED STATES TREASURY 91282CDK4 2/27/2025 11/30/2026 1.250% 1.310% 618,667.97 650,000.00 626,411.50 8,125.00 0.129 UNITED STATES TREASURY 91282CFB2 2/27/2025 7/31/2027 2.750% 2.830% 726,708.98 750,000.00 732,862.50 20,625.00 0.149 UNITED STATES TREASURY 91282CFT3 2/27/2025 10/31/2029 4.000% 4.000% 745,400.39 750,000.00 752,077.50 30,000.00 0.149 UNITED STATES TREASURY 91282CKB6 2/25/2025 2/28/2026 4.625% 4.600% 752,871.09 750,000.00 751,192.50 34,687.50 0.149 Subtotal 4,959,908.20 5,150,000.00 5,005,234.00 132,812.50 1.025 Total Investments 5,022,320.42 5,212,412.22 5,067,646.22 135,296.51 1.04 Investment PAR MARKET*
Schedule of Investments
City of Artesia
July 31, 2025
PURCHASE MATURITY V A L U E
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9D.
TO: Mayor and Members of the City Council
SUBJECT: AB 1234 Reporting
FROM: Christina Nieto-Linares, Administrative Secretary REVIEWED AND APPROVED BY:
Abel Avalos, City Manager
RECOMMENDATION:
It is recommended that the City Council receive and file the report.
BACKGROUND:
AB 1234, became effective January 1, 2006. This bill requires a local agency that provides reimbursement for expenses to members of its legislative body to adopt a written policy on the duties for which legislative body members may receive compensation, other than meetings of the legislative body or an advisory body or attendance at a conference or organized educational activity. Resolution No. 24-2970 outlines the City’s Expense Reimbursement and Travel Policy.
STATEMENT OF FACT:
Councilmember Event
Benefit of Expenditure to the
Residents
Ali Sajjad Taj State of the City Event 2025 - 8/28
Attending City, community, regional,
and other events
Orange County Division and Board
of Directors Meeting Election - 9/4
Attending City, community, regional
and other events
Rene Trevino State of the City Event 2025 - 8/28
Attending City, community, regional,
and other events
Contract Cities Fall Educational
Summit 2025 9/5-9/7
Participating in regional, state and
national organizations whose
activities benefit or affect the City's
interests
Melissa Ramoso State of the City Event 2025 - 8/28 Attending City, community, regional, and other events
Contract Cities Fall Educational
Summit 2025 9/5-9/7
Participating in regional, state and
national organizations whose
activities benefit or affect the City's
interests
Monica Manalo State of the City Event 2025 - 8/28
Attending City, community, regional,
and other events
Gateway Cities COG Conference
and Retreat 9/3-9/4
Participating in regional, state and
national organizations whose
activities benefit or affect the City's
interests
Zeel Ahir State of the City 2025 - 8/28 Attending City, community, regional, and other events
Gateway Cities COG Conference
and Retreat 9/3-9/4
Participating in regional, state and
national organizations whose
activities benefit or affect the City's
interests
Additionally, Council is provided automobile reimbursement in the amount of a flat $150 per month amount as authorized in the Resolution 24-2970, which outlines the Expense Reimbursement and Travel Policy FISCAL IMPACT:
The reported expenditures are in compliance with AB 1234, the City travel policy, and have been budgeted.
RECOMMENDED COUNCIL ACTION:
It is recommended that the City Council receive and file report.
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9E.
TO: Mayor and Members of the City Council
SUBJECT: City Council Meeting Minutes
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:
Abel Avalos, City Manager
RECOMMENDATION:
It is recommended that the City Council approve minutes as presented for the following City Council meetings:
August 11, 2025 - Special Meeting
August 28, 2025 - Special Meeting
BACKGROUND:
The attached action minutes serve as the official record of the City Council meetings, recording the legislative body’s decisions, recorded in its motions, actions, and votes, as mandated by Government Code 36814 and 40801.
FISCAL IMPACT:
There is no fiscal impact associated with approval of this item.
Attachments
MINUTES 8.11.25 Sp.pdf
MINUTES 8.28.25 Sp.pdf
Artesia City Council Special Meeting Minutes
Monday, August 11, 2025 - 6:00 p.m.
City Council Chambers
18747 Clarkdale Avenue Artesia, CA 90701
1. CALL TO ORDER SPECIAL MEETING
Mayor Taj called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Taj, Mayor Pro Tem Trevino, Councilmembers Ahir, Manalo, and Ramoso (arrived at 6:10 p.m.).
Staff Present: City Manager Avalos, Deputy City Manager Burke, City Attorney Nguyen, City Clerk Alderete.
3. PUBLIC COMMENTS
Public comments could be provided, in person or submitted by email to [email protected] by 12:00 p.m. on the date of the meeting. Public comments were not provided.
4. RECESS TO CLOSED SESSION
The City Council recessed to closed session at 6:02 p.m. to discuss the items listed on the agenda. City Attorney Nguyen reported the facts and circumstances regarding the 6th cycle Housing Element. The City Council will recess to closed session to discuss the following items:
4A. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Number of cases: 1
5. RECONVENE IN OPEN SESSION
The City Council reconvened in open session.
8. CLOSED SESSION ANNOUNCEMENT
City Attorney Nguyen reported that there was no reportable action.
9. ADJOURNMENT
The meeting was adjourned at 6:46 p.m.
Special Meeting of the Artesia City Council
State of the City
Artesia D.E.S. Hall, 11903 Ashworth Street, Artesia, CA 90701 Thursday, August 28, 2025, 11:30 a.m.
Present: Mayor Taj, Mayor Pro Tem Trevino, Councilmembers Ahir, Manalo, and Ramoso.
Staff Present: City Manager Avalos, Deputy City Manager Burke, City Attorney Nguyen, Finance Manager Murguia, Public Works Manager Sanchez, Human Resource Manager Jackson, Parks and Recreation Manager Guerra, Accounting Manager Laquian, Executive Assistant Nieto-Linares, Management Analysts Nacionales-Tafoya, Flores, Zambrano, and Administrative Analyst Vega.
The State of the City began at 11:45 a.m.
Father John Cordero, Holy Family provided the invocation.
Sergeant Ramos led the Pledge of Allegiance.
Scott Smitt, ABCUSD, served as the Master of Ceremonies.
Mayor Taj and City Manager Avalos presented the State of the City address.
The State of the City concluded at 1:00 p.m.
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9F.
TO: Mayor and Members of the City Council
SUBJECT: Professional Services Agreement With Risk Management Professionals To Update the Artesia Local Hazard Mitigation Plan
FROM: Mario Flores, Management Analyst
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council approve, and authorize the City Manager to execute, an agreement with Risk Management Professionals for consultant services to update the Artesia Local Hazard Mitigation Plan, in an amount not-to-exceed $66,653, plus a 10% contingency.
BACKGROUND:
Local Hazard Mitigation Planning is the process of assessing vulnerabilities, measuring risk, identifying strategies for reduction, and assigning responsible parties to carry out appropriate action. This initiative involves a comprehensive study of multiple hazards that could impact the City of Artesia ("Artesia") including natural and human-caused hazards. The planning process requires a number of stakeholders, including members of the community coming together in a collaborative effort to attain a common objective of managing disaster-related risk.
A Local Hazard Mitigation Plan (LHMP) is the output of this process and serves as a local municipality's long-term road map for community resiliency. Local municipalities are responsible to prepare, adopt, maintain, and update a LHMP once it has been reviewed by the Governor's Office of Emergency Services (Cal OES) and approved by the Federal Emergency Management Agency (FEMA). Additionally, the Federal Disaster Mitigation Act of 2000 requires municipalities to have an approved LHMP in order to be eligible to apply for and receive FEMA Hazard Mitigation Assistance Funds. Once a LHMP is adopted, FEMA requires that the LHMP be updated every five years. Artesia's LHMP is now due for an update since the City's current plan was last adopted in November 2020.
A comprehensive update of the City's LHMP will not only ensure that the City is eligible to receive FEMA Hazard Mitigation funds, but also will guide the City towards building a safer, more sustainable community and supports the City Council's priority of continuing to improve public safety. To support this effort, the City was awarded a Hazard Mitigation Grant Program (HMGP) Planning Grant from FEMA and administered by Cal OES in the amount of $156,093, while the City committed to a 25% cost share. The LHMP project was originally estimated to cost $208,124 at the time of the grant application submission. This grant will fund the comprehensive update of the City's LHMP which will fulfill federal requirements, ensure continued eligibility for mitigation funding, and reflect the City's commitment to public safety and disaster preparedness.
ANALYSIS:
On July 1, 2025, the City posted a Request for Proposal (RFP) for the Artesia Local Hazard Mitigation Plan Update and also sent it to numerous prospective bidders. The proposal submission deadline was July 24, 2025 at 5:00 p.m. At the conclusion of the submission deadline, the City received eleven (11) proposals from qualified vendors. Below is the an outline of the submitted responses:
Company Fee Estimate
MLC and Associates $46,000
Atlas Planning Solutions $59,995
Risk Management Professionals $66,653
Jacob Green and Associates $85,930
Witto Briens $87,596
Stantec $130,000
Constant Associates $139,090.31
The Resiliency Initiative $141,010
Chloeta $146,218.44
Kimley Horn $153,000
Integrated Solutions Consulting $164,850
City staff subsequently interviewed the initial top three scoring consultants, based on proposals: Atlas Planning Solutions, Risk Management Professionals, and Jacob Green & Associates. After reviewing all proposals and conducting interviews, staff is recommending Risk Management Professionals (RMP) as the preferred consultant to develop the update to the City's LHMP. Through a comprehensive evaluation process, proposers were ranked against the City's established selection criteria, with RMP achieving the highest score. RMP demonstrated exceptional strength across all scoring categories of the evaluation process, including project understanding, relevant public agency experience, project approach, team qualifications, fee estimate, and references. Staff believes RMP's demonstrated expertise, proven track record with hazard mitigation plans for local governments, robust community outreach strategy, and strong references make them the best overall partner for the City.
RMP is a qualified vendor that is made up of a staff with over 30 years of experience in assisting planners and decision-makers with hazard mitigation planning projects that have positive effects on local communities.
Furthermore, RMP has assisted a number of local communities develop FEMA approved Hazard Mitigation Plans.
Municipalities that RMP has successfully assisted with developing LHMP's include Paramount, Downey, and La Habra. Furthermore, RMP is currently assisting the cities of Lakewood and Tustin to update their LHMP's as well.
RMP utilizes a eight-phase process in their scope of work to develop a LHMP update: (1) Project Initiation and Coordination; (2) Community Engagement and Public Outreach; (3) Hazard Identification; (4) Risk and Vulnerability Assessment; (5) Mitigation Strategy Development; (6) Plan Drafting and Review; (7) FEMA Review and Plan Finalization; and (8) Plan Adoption and Implementation Support. RMP will collaborate with City staff and relevant City stakeholders throughout the LHMP development process to create an effective plan tailored specifically for the City of Artesia. Additionally, RMP will also conduct community outreach to inform and involve the community in the LHMP planning process, as required by FEMA. The entire planning process is expected to take approximately ten (10) months to complete. Once the planning is completed, RMP will guide the City through the approval process with Cal OES and FEMA, after which the plan will be presented to the City Council for final adoption. The complete project duration is approximately twelve (12) months.
FISCAL IMPACT:
The cost for the LHMP Update is a not-to-exceed amount of $66,653. As part of the grant requirements for this project, the City is responsible for a 25% cost match, which equates to $16,663.25. The City was originally awarded $156,093 for this LHMP update project and had anticipated contributing $52,031 from the General Fund, for a total project cost of $208,124. These amounts were budgeted for Fiscal Year 2025-26. With the lower proposal amount that was received, the City's General Fund contribution will be reduced significantly to match 25% of the updated project cost of $66,653, resulting in substantial savings to the City.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council approve, and authorize the City Manager to execute, an agreement with Risk Management Professionals for consultant services to update the Artesia Local Hazard Mitigation Plan, in an amount not-to-exceed $66,653, plus a 10% contingency.
Attachments
Risk Management Professionals Agreement.pdf
-1-
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARTESIA AND RISK MANAGEMENT PROFESSIONALS
1. PARTIES AND DATE.
This Agreement is made and entered into this 8th day of September 2025, by and between the City of Artesia, a municipal corporation, organized under the laws of the State of California ("City") and Risk Management Professionals, a California Corporation, with its principal place of business at 8717 Research Drive, Suite 150 Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Hazard Mitigation Planning services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Local Hazard Mitigation Plan Update Project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Local Hazard Mitigation Planning consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.” attached hereto and incorporated herein by reference.
3.1.2 Term. The term of this Agreement shall be from September 8, 2025 to September 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this -2-
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Steve Maher.
3.2.5 City's Representative. The City hereby designates Abel Avalos, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Steve Maher, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
-3-
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business -4-
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $3,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned -5-
auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the -6-
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.2.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to -8-
the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty-Six Thousand Six Hundred and Fifty-Three Dollars ($66,653) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The City Manager will have authority to approve Extra Work within 10% of the total compensation.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice, no later than the fifteenth (15th) calendar day of each month, which indicates work completed and hours of Services rendered by Consultant during the prior month. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to -9-
Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such -10-
records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Risk Management Professionals
8717 Research Drive, Suite 150
Irvine, CA 92618
ATTN: Steve Maher
City: City of Artesia
18747 Clarkdale Avenue
Artesia, California 90701
ATTN: Abel Avalos
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
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3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person -12-
or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
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3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be -14-
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. The City Manager shall have the authority to authorize changes to the Agreement that do not change the compensation of the Agreement.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. -15-
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF ARTESIA AND RISK
MANGEMENT PROFESSIONALS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ARTESIA RISK MANAGEMENT PROFESSIONALS
By: ____________________________ By: ______________________________ Abel Avalos
City Manager Name: ______________________________
Its:
By:
Name: _______________________________
Its:
Attest:
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
The primary objective of this project is to develop an updated LHMP that meets all federal and state requirements while reflecting local needs and priorities for resilience. RMP proposes a collaborative, phased approach that begins with early coordination with City staff and continues through plan development, public engagement, internal review, CalOES review, final FEMA approval and adoption.
The scope of work includes:
• A kickoff meeting and development of a project work plan. • Formation and facilitation of a Hazard Mitigation Planning Committee (HMPC). • A comprehensive update to the Risk Assessment, including hazard profiles and vulnerability analysis.
• Development of a mitigation Strategy that includes goals, objectives, and prioritized actions.
• Design and implementation of a public engagement process, including workshops and online outreach.
• Plan drafting, revisions, and submittal to Cal OES and FEMA for review and approval. • Support for plan adoption by the City Council.
RMP’s proposed approach focuses on clarity, accessibility, and alignment with the City’s current plans and future objectives. RMP will work with City staff, ensuring the process is efficient and well positioned to secure future mitigation funding opportunities. RMP’s familiarity with FEMA policy, Los Angeles County hazard trends, and community outreach in similarly diverse cities makes the RMP team uniquely qualified to support the City in this LHMP update.
TASK 1: PROJECT INITIATION AND COORDINATION
To begin developing a Plan compliant with 44 CFR §201.6, RMP will collaborate with City personnel to identify all relevant departments, agencies, and key stakeholders. Together, the City and RMP will establish a Hazard Mitigation Planning Committee (HMPC) that includes critical participants. RMP will then assess available technical, financial, business, and departmental resources to support the Plan development process. Once all stakeholders and applicable personnel are identified and invited to participate, RMP will conduct a Project Initiation Meeting to present a project overview that details the objectives and scope of the Plan development process.
RMP will propose a meeting schedule, and the number of meetings needed to fulfill the tasks as outlined below. After a review of the project schedule and key tasks, the HMPC members’ areas of expertise, member responsibilities and the process for community involvement will be discussed.
RMP will prepare and organize all documents detailing the implementation methodologies and project management strategies to be used. Regular meetings to update City staff and share essential information will be scheduled according to an agreed timeline. Additionally, this phase Exhibit “A”-2
will involve fine-tuning the scope of services offered by the City and establishing a practical timeline for the required steps. Every step of the planning process that goes into creating the Plan will be documented by RMP. This will cover the preparation method, contributors in the update process, and public participation. Furthermore, RMP will make sure that all meeting materials— including agendas, sign-in sheets, presentations, and comments from the public and stakeholders—are recorded and incorporated into the Plan Output: A documented summary of the kick-off meeting, including agreed-upon timelines, project deliverables, and contact points for both parties.
TASK 2: COMMUNITY ENAGEMENT AND PUBLIC OUTREACH
In compliance with 44 CFR §201.6, RMP will ensure that an inclusive public involvement process is implemented to effectively update the Plan. Recognizing the importance of engaging the City’s diverse stakeholders, RMP will prioritize outreach to key groups such as residents, local organizations, service providers, and community-based organizations throughout the LHMP update process.
RMP understands that meaningful community engagement goes beyond general outreach- it also requires connecting with those who are more vulnerable to hazards. As such, RMP has identified several local partners whose involvement will be instrumental in reaching these populations. For example, organizations such as the LA Food Bank’s local pantry partner (New Life Community Church), Kingdom Causes Bellflower, Scharp’s Crisis Mobile Response Team, PATH (People Assisting the Homeless), and Jovenes, Inc. provide critical services to unhoused individuals, youth experiencing homelessness, and low-income residents in Artesia. RMP will work with the City to invite these partners to participate directly in the planning process and help extend outreach to the clients they serve.
In addition, RMP recognizes the unique opportunity to reach older adults through the City’s Parks and Recreation Department’s programs for individuals 50 and over, hosted at the Albert O. Little Community Center at Artesia Park. The Human Services Association’s congregate lunch program, which serves individuals 60 and over at the Center, could also be used to gather public feedback RMP’s experience shows that seniors appreciate having information in advance, an opportunity to meet the team, and then a follow-up chance to share feedback after considering the material. This two-step approach will be integrated into the community engagement plan to build trust and encourage participation from older residents.
RMP will also leverage the City’s popular community events to reach the broader public. Events such as National Night Out, farmers markets, public safety events, and large annual gatherings like the International Street Fair and Diversity Festival or the 5K Run present opportunities to reach residents where they naturally gather. If the City has a booth at these events, RMP will provide engaging materials and promote participation in the LHMP process, including online surveys developed to gather input from residents who may not attend formal meetings.
The RMP Project Team will provide all necessary materials for stakeholder and public meetings, such as sign-in sheets, presentations, handouts, and other relevant resources, ensuring that participants have what they need to contribute meaningfully. All outreach materials distributed at events or meetings will be developed in both English and Spanish to ensure accessibility to the City’s diverse community. RMP will coordinate, lead, and facilitate these outreach meetings with both stakeholders and the general public to gather feedback on proposed strategies and present the draft LHMP. Staff will attend all agreed-upon in-person or virtual meetings and will document Exhibit “A”-3
all aspects of these sessions.
RMP will also create dedicated webpage content for the LHMP update, including clear explanations of the planning process, upcoming meeting dates, and multiple channels for public feedback. Public surveys will be developed and findings will be tracked, compiled, and reported to the HMPC. This transparent approach ensures that community input is documented and incorporated into the final Plan.
Finally, RMP will follow the guidance from Element A of FEMA’s newly released Local Mitigation Planning Policy Guide, assisting the City in identifying and engaging additional stakeholders such as local agencies, non-profits, and trusted community messengers. By leveraging local partnerships, existing city programs, and popular community events, RMP’s outreach strategy will reflect the unique character and needs of the City- ensuring that all voices are heard and that the Plan is truly community-driven.
Output: Community engagement documentation for the LHMP summarizing the feedback from surveys and workshops, which will guide the risk assessment and development of mitigation strategies.
TASK 3: HAZARD IDENTIFICATION
This phase will cover the identification and profiling of hazards, assessing their impacts on economic, social, and physical assets—including critical infrastructure—as well as health, safety, and essential services (community lifelines). It will also involve pinpointing specific areas of vulnerability. The HMPC will review hazards from the 2020 plan and provide valuable insights into historical hazard events, current vulnerabilities (including specific locations), critical assets, and vulnerable populations. As part of this process, the HMPC will review the list of natural hazards, including but not limited to earthquakes, wildfires,100/500-year flooding, localized stormwater flooding, extreme weather events, soil hazards, erosion, landslides, drought, and any other hazards deemed significant by the committee. In addition to natural hazards, the HMPC will consider man-made hazards, such as hazardous material releases, pipeline or storage tank failures, transportation failures, cyberattacks, terrorism, and other human-caused threats. The potential for climate change to increase the frequency or intensity of these hazards will also be evaluated. In March 2021, FEMA, Cal OES, and the California Department of Natural Resources updated the California Adaptation Planning Guide (APG) to help local agencies assess and plan for the impacts of climate change. RMP will ensure that climate change and pollution, particularly their effects on vulnerable populations, are thoroughly analyzed during this update.
RMP will then examine the impacts of past hazards on existing land use patterns to better understand how specific land uses within the City are vulnerable. Additionally, RMP will update and create hazard maps and profile narratives, acquiring and assessing available GIS data, including critical infrastructure and City-owned buildings. Beyond City-owned data, RMP will gather asset inventory data, compiling it into a working GIS database that includes critical facilities, land use, parcels, structures, and population, all categorized by type of use (e.g., residential, commercial, industrial).
Rather than using HAZUS for developing hazard profiles, RMP will rely on existing data sources such as FEMA flood insurance studies, USGS ground acceleration maps, and fire hazard risk maps. FEMA has provided several tools for LHMP mapping, which RMP has found to be more accessible and adaptable to specific jurisdictional needs. Plans developed using these tools, instead of HAZUS, have consistently received approval from Cal OES and FEMA. However, if the Exhibit “A”-4
City prefers to use HAZUS, RMP can adapt the approach to incorporate both HAZUS and other data sources.
This phase will focus on identifying the best available data for each hazard, assessing the City’s vulnerability, and identifying any data gaps. As part of the hazard identification process, RMP will guide the team in considering vulnerable populations for each natural hazard. These discussions will identify City assets and vulnerable populations that could be impacted by potential hazard events. The outcomes of these discussions will directly shape the LHMP hazard profiles and proposed mitigation actions. The HMPC will rank hazards based on historical data, funding and mitigation capabilities, potential loss estimates, damage to critical infrastructure, and frequency of occurrence. Each hazard profile will document past occurrences, the nature, location, and magnitude of natural, technological, and human-induced hazards affecting the planning area.
RMP will also review existing City plans to integrate relevant information into the hazard profiles.
Local comprehensive plans, land use plans, capital improvement plans, and flood ordinances will also be reviewed for hazard provisions. If other planning efforts are underway, RMP will evaluate if they contain relevant information that can be incorporated into the Plan. The Plan will also justify the exclusion of any hazards widely acknowledged to be present in the planning area but deemed non-critical. As outlined in DMA 2000 regulations, the primary objective is to utilize existing data where available. During this process, any identified data gaps will be documented, with recommendations for addressing these gaps included in the Plan's mitigation strategies.
Output: A list and profiles of the hazards that are relevant to the City and will be included in the LHMP.
TASK 4: RISK AND VULNERABILITY ASSESSMENT
Once hazards have been identified and ranked, RMP will prepare the vulnerability and capability assessments necessary to complete the risk assessment. RMP will collaborate with the HMPC and facilitate meetings to utilize the best available hazard and inventory data, including GIS data.
The Vulnerability Assessment will determine the potential impacts of identified hazards on the City. RMP will create an asset inventory by quantifying the number of City-owned buildings and asset values within various hazard zones, assessing what proportion of the City is represented.
The asset inventory will incorporate data from the HMPC, census records, and resources from County, State, and Federal agencies.
The vulnerability assessment will also evaluate the actual or assessed values of vulnerable facilities, repetitive losses, critical facilities at risk, natural and cultural resources at risk, growth and development trends, and loss estimates for each hazard. In addition to this, RMP will review existing studies, reports, and plans; document disaster declarations; and address NFIP-insured structures and properties that have experienced repetitive flood damage.
After completing the asset inventory, RMP will develop loss estimates for the City’s assets using FEMA’s standardized loss estimation models, which project potential losses from natural hazards.
These estimates will consider:
• Physical damage: to residential and commercial buildings, schools, critical facilities, and infrastructure.
• Economic losses: including job loss, business interruptions, repair, and reconstruction Exhibit “A”-5
costs.
• Social impacts: such as the need for shelters and medical aid.
This task will identify which assets are most vulnerable and which hazards are likely to result in the greatest potential losses. The outcome will be a comprehensive loss estimate (Vulnerability Assessment) for each hazard and each asset, detailing potential damage, economic loss, and associated consequences.
As part of the vulnerability assessment, RMP will also consider the impacts of climate change, changes in land use and development, and shifts in population patterns (e.g., migration, density, and vulnerable population composition). Emphasis will be placed on individuals with access and functional needs, incorporating data specific to vulnerable populations.
A Capability Assessment will also be conducted to inventory the City’s existing authorities, plans, policies, and procedures for mitigating the effects of hazards. This will include an evaluation of protective measures under the National Flood Insurance Program (NFIP), building codes, zoning ordinances, ongoing or completed mitigation projects, and established mitigation policies. The capability assessment will examine the fiscal, legal, regulatory, administrative, and technical capacities of participating jurisdictions, including development, and permitting capabilities and adaptive capacities.
To finalize the Risk Assessment, RMP will review land use patterns in the participating jurisdictions and compare them with the hazard profiles developed earlier. This comparison will allow RMP to identify which hazards may influence future growth patterns. The findings will be documented in the final report and used in subsequent HMPC meetings to inform mitigation strategy development.
In accordance with the 2023 Hazard Mitigation Planning Guide, updated LHMPs must address underserved members of the community and those disproportionately affected by disasters. In anticipation of FEMA’s requirements, RMP has developed a strategy to help the City identify variables that may increase risk for certain community members [e.g., age, disability, limitedEnglish-proficiency (LEP), location] and incorporate mitigation measures to protect these populations. Additionally, elements from the 2020 Los Angeles County All-Hazards Mitigation Plan (AHMP) and the California State Hazard Mitigation Plan (SHMP) will be used to ensure alignment with County and State efforts.
Output: Comprehensive Vulnerability and Capability Assessment The output will be a comprehensive Vulnerability and Capability Assessment that includes the asset inventory, loss estimates, climate change considerations, capability assessment, and a final risk assessment. The findings will provide the necessary data to identify the most vulnerable assets, evaluate potential losses, and assess the City’s ability to mitigate those risks. It will also set the foundation to propose mitigation strategies for vulnerable populations and ensure the City’s efforts align with broader County and State plans.
TASK 5: MITIGATION STRATEGY DEVELOPMENT
To begin this phase, RMP will guide the HMPC in identifying clear goals that define the City’s short- and long-term outcomes for the Plan. Once these goals are established, the HMPC will review and update existing mitigation strategies, identify new mitigation projects, and ensure that any vulnerabilities or gaps in current efforts are addressed.
Exhibit “A”-6
A key focus of this process is a comprehensive review that incorporates new data, processes, participating jurisdictions, and mitigation strategies. RMP will document the City's existing mitigation resources, including fire protection, backup generators, seismic retrofits, structural improvements, and flood channels. This assessment will help determine how well current measures align with updated hazard risks and where additional efforts are needed.
During this phase, RMP will lead a team of qualified individuals—including engineers with hazard mitigation and emergency planning experience, along with knowledgeable agency representatives—to brainstorm potential mitigation projects and actions. This process will be informed by hazard profiles, loss estimates, and best practices from state and federal guidelines.
Particular attention will be given to integrating these strategies with the City's Emergency Operations Plan, Safety Element, and other relevant planning efforts to ensure consistency and effectiveness. Additionally, RMP will facilitate discussions on mitigation actions specifically aimed at protecting vulnerable populations. In accordance with the 2023 FEMA Local Hazard Mitigation Plan Guide, the team will develop targeted strategies to close identified gaps and ensure these communities are actively involved in both planning and implementation. Finally, the meeting will focus on identifying mitigation actions that enhance public safety, protect critical infrastructure, and strengthen the City’s overall resilience to disasters RMP will then conduct a qualitative Benefit-Cost Review (BCR) to prioritize mitigation recommendations for implementation, with a particular emphasis on those actions that can enhance business resilience. The prioritization process will consider the cost-effectiveness of each recommendation, factoring in both monetary and non-monetary costs and benefits associated with each action. To facilitate the review, the following items will be discussed for each mitigation recommendation:
• How feasible is the action?
• How will the action be funded?
• How large an area is impacted?
• How many people will benefit from the action?
• How critical are the facilities that benefit from the action? • Will this action be acceptable to the public?
• Does it make sense environmentally to perform the action? Additionally, the strategy will address mitigation measures across multiple departments and clearly define responsibilities. A cost estimate on a specified comparative cost scale will also be prepared by the HMPC as needed so that the mitigation actions can be compared and prioritized.
After each recommended action is prioritized, RMP will create a draft mitigation strategy to present to the HMPC. Included in the mitigation strategies will be the identification of the party responsible for administering each action, expected timelines for completion, and specific grants that may be available to fund the proposed mitigation projects. If any mitigation actions do not currently have funding or planned funding, these will be flagged and brought to the attention of City personnel.
In addition, a method and schedule for plan review and maintenance will be developed, along Exhibit “A”-7
with information on how the City will continue to engage the public, including local businesses, in mitigation planning throughout the life cycle of the Plan. Once the draft mitigation strategy is complete, a matrix will be developed summarizing mitigation actions, priority, responsible party or parties, funding mechanisms, benefit/cost ratio, and technical feasibility. This will be submitted to the HMPC for approval. Following the approval of the mitigation strategy, RMP will be available to present the information at the public workshop.
Output: A prioritized list of mitigation actions, including cost estimates and implementation timelines, ready for incorporation into the LHMP.
TASK 6: PLAN DRAFTING AND REVIEW
Using the information gathered during previous HMPC meetings, RMP will prepare the first draft of the LHMP. This draft will consolidate all relevant data, comments, and reports from earlier phases. To meet DMA 2000 requirements, the document will detail the entire planning process, define the planning area, list participants and their roles, describe the public participation methods employed, and explain the decision-making and prioritization processes. The draft will comply with all state and federal requirements, including those outlined in 44 CFR 201.4 and CPG 101, and will thoroughly document the mitigation planning process.
Once the Draft Plan is complete, RMP will coordinate with City personnel to establish a review period during which HMPC members can review the LHMP and provide suggested revisions.
After receiving and incorporating all HMPC feedback, RMP will prepare a presentation to showcase the Public Review Draft in a public forum. RMP will work with the City to determine where the public can access the draft, using the City's website, newsletters, or distribution lists.
The public review period will be set according to staff preferences and scheduling considerations.
RMP also plans to present the draft to the City Council at appropriate meetings, inviting questions, comments, and feedback from the public and elected or appointed officials. After the public review period, all comments will be compiled and incorporated into the plan as deemed appropriate Output: A draft LHMP document, ready for internal review by the City and external review by FEMA.
TASK 7: FEMA REVIEW AND PLAN FINALIZATION
RMP will submit the draft LHMP to FEMA and work with the City to respond to any feedback received, making necessary revisions to ensure FEMA approval. RMP will review FEMA's comments carefully and coordinate with the City to determine the best course of action to address any concerns or revisions. This may involve updating sections of the plan, clarifying mitigation strategies, or providing additional supporting documentation. RMP will then submit the revised LHMP to FEMA for final review. Once FEMA provides approval, the plan will be finalized and prepared for adoption by the City.
Output: A final LHMP document, incorporating all required revisions and ready for adoption by the City.
TASK 8: PLAN ADOPTION AND IMPLEMENTATION SUPPORT
This phase includes developing both an editable Microsoft Word version and a PDF of the FEMAapproved final plan, as well as providing one professionally bound hard copy. RMP will also prepare adoption language for City Council proceedings. Additionally, RMP will assist City staff in Exhibit “A”-8
obtaining the "Approval Pending Adoption" letter from FEMA and other regulatory agencies and will support the City in the final adoption proceedings.
RMP will also provide guidelines to the City and relevant stakeholders for maintaining the Plan throughout the five-year update cycle and beyond. The maintenance plan will designate overall responsibility for Plan monitoring and implementation. RMP will outline how mitigation strategies can be implemented at various levels of government and integrated into other planning documents, providing examples. To ensure a clear understanding of FEMA’s expectations, RMP will detail the maintenance requirements specified by FEMA, ensuring the Plan remains viable even if responsibilities within the City shift. Finally, RMP will distribute the Plan to the HMPC and the required local, state, and federal agencies.
Output: Confirmation of plan adoption and an implementation plan detailing the next steps for mitigation actions.
QUALITY CONTROL/ASSURANCE
RMP has established a rigorous, multi-layered quality control process specifically designed for the development and updating of Local Hazard Mitigation Plans (LHMPs). These procedures, refined through years of experience, are integrated into every phase of the planning process to ensure compliance with CalOES and FEMA requirements, adherence to the approved scope, and alignment with the City’s expectations.
From the outset, project team members develop draft materials that reflect the scope of work and meet regulatory standards. Each component- such as hazard profiles, vulnerability assessments, mitigation strategies, and outreach materials- is then carefully reviewed by a senior technical staff member who is not directly involved in content development. This independent review ensures objective analysis and unbiased feedback.
Throughout the process, RMP shall maintain clear and consistent communication, both internally and with the City, to maintain alignment on deliverables, expectations, and timelines. Comments from the quality control reviewer are addressed through an iterative feedback loop until the content meets internal quality standards. Once refined, the Project Manager conducts a final review to confirm the deliverables are complete, accurate, and ready for submission.
RMP’s approach is further strengthened by the active involvement of senior staff, who provide strategic oversight and technical guidance, as well as by diligent monitoring of budget and schedule. This allows the team to anticipate and respond to changes quickly, avoid delays or cost overruns, and ensure a high level of quality in all deliverables.
By embedding these quality control practices into the core of the planning process, RMP consistently delivers high-quality, compliant, and actionable LHMPs tailored to the unique needs of each community.
Exhibit “A-I-1”
EXHIBIT "A-I"
FEDERALLY REQUIRED PROVISIONS FOR SERVICES
The Consultant shall comply with all federal requirements applicable to contractors under the FEMA Hazard Mitigation Assistance (HMA) Program and Policy Guide (March 2023) and related statutes/regulations, including but not limited to the following:
Non-Discrimination Compliance
Consultant shall not discriminate in the performance of this contract on the basis of race, color, national origin, sex, age, disability, or other protected classes, in accordance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, and related federal statutes and regulations. (HMA Guide Part 4, Section M.1, p. 99)
Conflicts of Interest
Consultant shall avoid organizational conflicts of interest and shall not engage in actions creating the appearance of impropriety in the performance of services. Consultant must disclose any potential conflicts to the City and comply with 2 CFR § 200.318(c)(1). (HMA Guide Part 4, Section M.2, p. 100 and M.3.7, p. 108)
Suspension and Debarment
Consultant must certify that neither it nor its principals are suspended, debarred, or otherwise excluded from participation in federal assistance programs or activities, in accordance with 2 CFR Part 180 and 2 CFR § 200.214. (HMA Guide Part 4, Section M.3.2, p. 105) Prohibition on Certain Telecommunications and Video Surveillance Equipment Consultant shall not use covered telecommunications equipment or services, as defined by Section 889 of the National Defense Authorization Act of 2019 (Public Law 115-232), in any equipment, system, or service used to fulfill this contract. (HMA Guide Part 4, Section M.3.3, p. 106)
Required Federal Contract Clauses
Consultant shall adhere to the contract clauses required by 2 CFR Part 200, Appendix II, including but not limited to termination for cause/convenience, equal employment opportunity, Davis-Bacon Act (if applicable), Contract Work Hours and Safety Standards Act, and Clean Air Act compliance. (HMA Guide Part 4, Section M.3.5, p. 107)
Environmental and Historic Preservation Compliance
Consultant shall cooperate with the City in ensuring compliance with applicable environmental and historic preservation (EHP) requirements if applicable, including the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). Consultant shall provide necessary documentation and technical support for FEMA EHP review if applicable. (HMA Guide Part 4, Section G, p. 82 onward)
Documentation and Record Retention
Consultant shall maintain all books, records, and supporting documents related to performance of this contract for a minimum of three (3) years after final grant closeout (or longer if required by law) and make such records available for inspection by the City, State, FEMA, or other authorized entities. (HMA Guide Part 4, Section M.3.6, p. 108; Part 9, pp. 171–181) Duplication of Benefits
Consultant shall ensure that services or benefits provided under this contract do not duplicate Exhibit “A-I-2”
assistance received from any other federal, state, or private source. (HMA Guide Part 4, Section M.7, p. 110)
Cost Principles and Allowability
Consultant shall ensure that all invoiced costs are allowable, allocable, and reasonable under 2 CFR Subpart E (Cost Principles), and must provide sufficient documentation to support reimbursement eligibility. (HMA Guide Part 4, Section K.1, p. 92; Part 8, Section H, p. 163) Audits and Access to Records
Consultant acknowledges that records may be subject to audit under the Single Audit Act (2 CFR Part 200 Subpart F) and agrees to provide access to the City, State, FEMA, DHS Office of Inspector General, and the Government Accountability Office for audit inspection purposes. (HMA Guide Part 9, Section H, pp. 188–190)
Remedies for Non-Compliance
Consultant acknowledges that failure to comply with federal requirements may result in suspension of payments, contract termination, or other remedies as provided under 2 CFR § 200.339. (HMA Guide Part 8, Section K, pp. 164–169)
Program Fraud and False Claims Act
Consultant acknowledges liability under the Program Fraud Civil Remedies Act of 1986 and False Claims Act for false or fraudulent statements or claims made under this contract. (HMA Guide Part 8, Section J, pp. 163–164)
Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
The schedule of services is summarized below:
Kickoff Meeting September 2025
Hazard Identification/Profiling September 2025
Public Outreach Meetings September 2025 - March 2026
Vulnerability and Risk Assessment October 2025
Draft Mitigation Measures November - December 2025
Drafting of LHMP November - December 2025
HMPC Review of Draft/Plan Revisions January - February 2026 Public Meetings to Present Final Draft Plan March 2026
Submit Plan to CalOES/Revisions April 2026
Submit Plan to FEMA July 2026
Present FEMA Approved Plan to City August - September 2026 Project Closeout September 2026
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
The project cost shall not exceed $66,653. The Consultant shall submit monthly invoice summaries identifying work completed, which must align with the documentation and cost requirements outlined in the attached FEMA Hazard Mitigation Assistance Program and Policy Guide, including itemized expenses, supporting documentation, and compliance with federal cost principles to ensure eligibility for reimbursement.
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9G.
TO: Mayor and Members of the City Council
SUBJECT: Resolution for Highway Permit for Temporary Street Closure FROM: Steve Valdez, Acting Planning Manager
Sal Lopez, Interim Community Development Director
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that City Council:
1. Adopt Resolution No. 25-3065, A Resolution of the City Council of the City of Artesia, California, approving a Highway Permit for the temporary closure of a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue pursuant to Vehicle Code Section 21101(e) in connection with the approval of the Artesia D.E.S. Portuguese Hall - Popular Saints Festival to be held on Saturday, September 20, 2025; and
2. Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.
BACKGROUND:
The Artesia D.E.S. Portuguese Hall (the "Permittee") has submitted a Highway Permit and a Facility Use Permit application to temporarily close a small portion of Ashworth Avenue in front of the Artesia D.E.S. Hall in conjunction with the commencement of its Popular Saints Festival to be held on Saturday, September 20, 2025. The portion of Ashworth Avenue to be closed is illustrated on the map submitted in the application. The street closure will commence at 8:00 a.m. on Saturday, September 20, 2025 and will terminate at 12:00 a.m. on Sunday, September 21, 2025.
ANALYSIS:
Street Closure Resolution Pursuant to the Vehicle Code California:
Vehicle Code Section 21101(e) provides that a city may by resolution temporarily close all or a portion of any street in its jurisdiction, for "celebrations, parades, local special events and other purposes, when, in the opinion of local authorities having jurisdiction or a public office or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." The temporary closure of a portion of Ashworth Avenue for the Annual Popular Saints Festival is within the permissible scope of this Section because the temporary closure is for a special temporary event occurring within the City. Attached is Resolution No. 25-3065 that will authorize the proposed temporary street closure pursuant to Section 21101(e) of the Vehicle Code.
Evaluation of Application for Street Closure:
City Staff has reviewed the Highway Permit Application and the elements of the proposed activities and has determined that the proposed activities are exempt from review under the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guideline Section 15301(c) (Class 1 Exemption). The proposed Annual Popular Saints Festival Procession involves minor and temporary alterations to the vehicular use of a public street in connection with special event held in the City. The small segment of Ashworth Avenue to be closed to vehicular traffic, which will occur for a short period commencing at 8:00 a.m. on Saturday, September 20, 2025, and concluding at 12:00 a.m. on Sunday, September 21, 2025, is not anticipated to create any significant impact to vehicular traffic or parking in the City. This is because persons seeking to obtain access to residences and property along Ashworth Avenue will be able to do so from other streets or from portions of Ashworth Avenue that will not be closed. In addition, City staff finds that there is no substantial evidence of any potential significant effect from the approval of the Highway Permit or from the activities to be allowed by the Highway Permit. Therefore, City staff recommends that the City Council find that the proposed activities are exempt from CEQA.
City Staff has reviewed the proposed temporary closure and finds that the elements of the proposed events will not create an unsafe traffic condition and that these activities are proposed to be undertaken in a manner safe for pedestrians, event participants and the vehicular traffic. The Highway Permit Application includes a provision that releases the City from liability and requires the Permittee to assume all risk of injuries and property damage. City Staff recommends that the Permittee obtain, maintain and provide proof of minimum commercial general liability policy with a minimum general aggregate of two million dollars ($2,000,000.00) to cover personal injury and property damages related to the Artesia D.E.S. Portuguese Hall - Annual Popular Saints Festival event.
FISCAL IMPACT:
There is no fiscal impact to the City associated with the approval of Resolution No. 25-3065. The applicant will be paying all costs associated with the Highway Permit, including staff time for the set up of the closure.
RECOMMENDED COUNCIL ACTION:
Staff recommends that City Council:
1. Adopt Resolution No. 25-3065, A Resolution of the City Council of the City of Artesia, California, approving a Highway Permit for the temporary closure of a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue pursuant to Vehicle Code Section 21101(e) in connection with the approval of the Artesia D.E.S. Portuguese Hall - Popular Saints Festival to be held on Saturday, September 20, 2025; and
2. Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.
Attachments
Resolution 25-3065.pdf
Highway permit application.pdf
RESOLUTION NO. 25-3065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, APPROVING A HIGHWAY
PERMIT FOR THE TEMPORARY CLOSURE OF A
PORTION OF ASHWORTH AVENUE BETWEEN DEVLIN
AVENUE AND CLARKDALE AVENUE PURSUANT TO
VEHICLE CODE SECTION 21101(E) IN CONNECTION
WITH THE APPROVAL OF THE ARTESIA D.E.S.
PORTUGUESE HALL – POPULAR SAINTS FESTIVAL TO
BE HELD ON SATURDAY, SEPTEMBER 20, 2025
THE CITY COUNCIL OF THE CITY OF ARTESIA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The Artesia D.E.S. Portuguese Hall, a non-profit organization, has submitted an application for a Highway Permit to conduct its Annual Popular Saints Festival (the “Event”) on a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue in the City of Artesia on Saturday, September 20, 2025, from 8:00 a.m. to 12:00 a.m. The street closure would commence on Saturday, September 20, 2025, at 8:00 a.m. and terminate on Sunday, September 21, 2025, at 12:00 a.m. The proposed location of the street closure is illustrated on the map submitted with the Highway Permit application.
Section 2. California Vehicle Code Section 21101(e) provides that a city may by resolution temporarily close all or a portion of any street in its jurisdiction, for “celebrations, parades, local special events and other purposes, when in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.” The temporary closure of a portion of Ashworth Avenue for the Event is within the permissible scope of this section because the temporary closure is for a special temporary event occurring within the City.
Section 3. City staff has reviewed the Highway Permit and the Facility Use Permit application and the elements of the proposed activity and has determined that the proposed activity is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guideline Section 15301(c) (Class 1 Exemption). The proposed Event involves a minor and temporary alteration to the vehicular use of public streets in connection with a special event held in the City. The small segment of Ashworth Avenue to be closed to vehicular traffic, which will occur for an 18-hour period commencing on a Saturday at 8:00 a.m. and ending on Sunday at 12:00 a.m., is not anticipated to create any significant impact to vehicular traffic or parking in the City because persons living on Ashworth Avenue will be able to access their homes and properties from other streets. In addition, there is no substantial evidence of any other potential significant effect from the approval of the Highway Permit or from the proposed activity to be allowed by the Highway Permit. The City Council has reviewed the City Staff's determination of exemption, and based on its own independent judgment, concurs in the staff determination of exemption.
Section 4. City Staff has reviewed the proposed temporary closure a portion Ashworth Avenue and the proposed location of the Event and finds that all of the elements of the proposed Event will not create an unsafe traffic condition and that these activities are proposed to be undertaken in a manner safe for pedestrians, event participants and the vehicular traffic. The City Council has reviewed City Staff's findings, and based on its own independent judgment, concurs in the staff findings.
Section 5. Based on all the evidence in the record of this matter, the City Council hereby approves Artesia D.E.S. Portuguese Hall application for a Highway Permit, subject to the terms and conditions of that Permit and on the basis that Artesia D.E.S. Portuguese Hall will obtain and maintain for the duration of the Event a commercial general liability policy with a minimum general aggregate limit of Two Million Dollars ($2,000,000).
Section 6. Pursuant to California Vehicle Code Section 21101(e), the City Council hereby confirms and approves the temporary closure of a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue in the City of Artesia commencing on Saturday, September 20, 2025, at 8:00 a.m. and terminating on Sunday, September 21, 2025, at 12:00 a.m., or for such longer period of time on that day as determined necessary by City staff or the Sheriff’s Department to maintain the safety of persons attending the Event and to set up and take down traffic barriers.
Section 7. The City Clerk shall certify the passage and adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 8th day of September 2025. _____________________________________
ALI TAJ, MAYOR
ATTEST:
__________________________________
JENNIFER ALDERETE, CITY CLERK
City of Artesia
18747 Clarkdale Ave. Artesia California 90701- (562)865-6262 – FAX (562) 865-6240
HIGHWAY PERMIT
(Construction Work, Excavations and Enchroachments, Flagpoles, Moving Permits, News Racks, Overhead Structures, outdoor Sidewalk Dining)
Name of Applicant:__Artesia DES______________________Phone: _________ Business Address: _11903 Ashworth Street, Artesia, Ca 90701________________________ (Street) (City) (State) (Zip Code)
Home Address: __________________________________________________________ (Street) (City) (State) (Zip Code)
Project Location: ____Ashworth Street Between Devlin and Clarkdale____________ Describe proposed Project and attach maps, drawings and any necessary documentation _____________________________________________________________________________________________________________________ ____________________See attached for details______________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ___________________________________ __
IMPORTANT
Any false or misleading information shall be grounds for denying this application.
I fully understand that in the event I am issued a permit that I assume the risk of personal injury, death or property damage. I hereby acknowledge that I agree to assume any such risks. I hereby release, discharge and agree not to sue the City of Artesia for any injury, death or damage to or loss of personal property arising out of, or in connection with this permit, including the active or passive negligence of the City of Artesia.
In consideration for being granted a permit, I hereby agree, for myself. My heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Artesia from any and all claims, demands or suits arising out of or in connection with this permit.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL.
____________________________________
(Applicant Signature and Date)
(For Department Use Only)
Permit Fee: __________________
8/18/25
Street Closures
An applicant must be submitted at least thirty (30) days in advance and may be made up to ninety days (3 months) in advance of the activity.
Permit fee is $100.00.
The applicant must be a non-profit organization registered with the State of California, or by laws which clearly state the objectives of the organization are of a non-profit, non-commercial nature. The applicant must provide specific information as to the subject closure, the number of traffic lanes involved, and thee duration of the closure.
Applications are subject to City Council approval.
The applicant shall be required to post reasonable security deposit and pay a reasonable fee determined by the City to defray the cost of furnishing adequate traffic control, law enforcement, public works staff and equipment, supplies needed, etc. COSTS ARE NONNEGOTIABLE Saturday, September 20,2025
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CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9H.
TO: Mayor and Members of the City Council
SUBJECT: Resolution Regarding Amended and Restated Joint Exercise of Powers Agreement With Gateway Region Integrated Regional Water Management Authority FROM: Karen Lee, Special Projects Manager
REVIEWED AND APPROVED BY:
Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 25-3066, approving the Amended and Restated Joint Exercise of Powers Agreement for the Los Angeles Gateway Region Integrated Regional Water Management Authority.
BACKGROUND:
At its August 13, 2012, regular meeting, the City Council approved Resolution No. 12-2318, approving a Joint Exercise of Powers Agreement (the Agreement) between the City of Artesia ("City") and the Los Angeles Gateway Region Integrated Regional Water Management Authority (GWMA). The GWMA was formed in 2007 to address water supply reliability, water quality, stormwater, and flood control in the Gateway Region of Los Angeles County.
The GWMA manages multiple watersheds in the Gateway Cities region and is comprised of various cities, water agencies and the Port of Long Beach. Additionally, the Joint Powers Authority (JPA) fulfills State law requirements to integrate watershed activities such as water supply, recycled water, stormwater, conservation measures, and wastewater.
The City is a voting member of the GWMA and through its membership, receives the following benefits:
Participation in cost sharing on critical watershed issues and programs across city borders; Inclusion in State and Federal grant applications for regional projects; Participation in information sharing and the development of regional best practices; and Administrative support to meet State requirements as a whole region instead of individually.
ANALYSIS:
Since its inception, GWMA’s membership has increased, and GWMA’s role has evolved significantly. In 2024, GWMA staff and legal counsel provided several updates regarding the proposed modifications to the JPA Agreement. These changes include: board member terms and allowing for up to three alternates; updating the list of members cities/agencies; defining a super-majority vote for certain board actions; and no longer requiring a lead agency to be appointed to conduct the financial/contractual affairs of GWMA (which have been done in-house since 2014).
A draft Amended and Restated JPA Agreement was distributed for review and comment, and a revised draft was presented to the GWMA Board, showing the incorporated members’ comments. After discussion, the GWMA Board approved the Amended and Restated JPA Agreement by a super-majority vote during its April 10, 2025, regular meeting. The Agreement is now before the City Council for adoption by approving Resolution No. 25-3066.
FISCAL IMPACT:
There is no impact to the General Fund by adopting Resolution No. 25-3066. The City's annual dues to GWMA are funded entirely by the City's Measure W funds.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt Resolution No. 25-3066, approving the Amended and Restated Joint Exercise of Powers Agreement for the Los Angeles Gateway Region Integrated Regional Water Management Authority.
Attachments
Resolution 25-3066.pdf
12664-0001\3103166v1.doc
RESOLUTION NO. 25-3066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, APPROVING THE AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT
FOR THE LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER MANAGEMENT
AUTHORITY
WHEREAS, the City of Artesia, California (the
defined in the Integrated Regional Water Management Planning Act, California Water Code Section 10530, et seq. ;
WHEREAS, the Agency is a permittee
and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los amended from time to time by the California Regional Water Quality Control Board, Los Angeles Region;
WHEREAS, the Agency is
Powers Act, California Government Code Section 6500, et seq., and is authorized to enter into an agreement to exercise powers common to the member public agencies; WHEREAS, the Los Angeles Gateway Region Integrated Regional Water implement a regional water resources management plan that will protect and enhance regional water supplies, and to otherwise further the purposes of the IRWMPA, with respect to the Gateway Region and (b) perform other regional responsibilities for water development and management;
WHEREAS, through the GWMA, participating agencies also cooperate with each other to implement certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, and to perform such other responsibilities for water quality; WHEREAS, on April 10, 2025, the GWMA Board adopted, by a super-majority the GWMA relating to the MS4 Permit and to make other changes intended to modernize the governance of the GWMA;
WHEREAS, the proposed Amended and Restated Agreement will take effect upon adoption by a super-majority ;
and
-2-
12664-0001\3103166v1.doc
WHEREAS,
GWMA and to adopt the Amended and Restated Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
SECTION 1. Approves the
Agreement for the for
the Los Angeles Gateway Region Integrated Regional Water Management Authority SECTION 2. Authorizes the City Manager to execute the Amended and Restated Agreement approved in Section 1.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2025. ____________________________________ ALI SAJJAD TAJ, MAYOR ATTEST: _______________________________ JENNIFER ALDERETE, CITY CLERK APPOVED AS TO FORM: ____________________________________ BEST, BEST AND KRIEGER LLP
CITY ATTORNEY
12664-0001\3009909v6.doc
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR
THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT AUTHORITY
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT ( ), dated for reference as of April 10, 2025, is entered into by and between the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, and Whittier, the Central Basin Municipal Water District, the Long Beach Public Utilities Department (acting through its Board of Public Utilities Commissioners), and the Water Replenishment District of Southern California, all of which are public agencies and/or municipal corporations. Each of the foregoing are sometimes referred to herein as Member
RECITALS
(i) In 2007, the cities of Cerritos, Downey, Lakewood, Long Beach, Norwalk, Paramount, Santa Fe Springs, Signal Hill, and South Gate initially entered into a Joint Exercise of Powers Agreement and created the Los Angeles Gateway Region . Since its creation, additional
Members, as listed above in the preamble, have been added to the GWMA pursuant to the provisions of the Original Agreement.
(ii) as defined in the Joint Exercise of Powers
Act, California Government Code Section 6500, et seq., and all are authorized to enter into this Agreement in order to exercise powers common to these public agencies. (iii) This Agreement creates a public entity, separate from its Members, that is capable of carrying out the purposes of this Agreement.
(iv) Each Member , as defined in the Integrated Regional Water Management Planning Act, California Wate ). As of
the effective date of this Agreement, all Members function within the County of Los Angeles. (v) It remains the intent of the Members in entering into this Agreement to operate as a regional water management group, as defined in and authorized by the IRWMPA, in order to (a) implement a regional water resources management plan that will protect and enhance regional water supplies, and to otherwise further the purposes of the IRWMPA, with respect to the Members juris ) and (b) perform other regional
responsibilities for water development and management, as described herein. (vi) All of the cities which
Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Count , as
amended from time to time by the California Regional Water Quality Control Board, Los Angeles Region.
12664-0001\3009909v6.doc
(vii) The Members desire to amend and restate the Original Agreement in order to further state their intent to cooperate with each other to implement certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, and to perform such other responsibilities for water quality, as described herein.
(viii) The Members acknowledge that the GWMA may contract and cooperate with other regional water management groups and agencies to develop, administer, update, and implement, an Integrated Water Management Plan for the Greater Los Angeles County area.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, terms, conditions and covenants contained herein, the parties agree as follows:
1. Recitals Incorporated. The recitals set forth above, are hereby incorporated by reference and made a part of this Agreement.
2. Purposes. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the exercise of powers common to the Members. The purpose of this Agreement is to jointly exercise the powers set forth herein as to the Gateway Region, and, acting as a r to jointly prepare, contract for the preparation and implementation of, for the management of water resources, and for i qualified projects or programs, and/or the preparation of qualified reports and studies as those quoted terms are defined in the IRWMPA. In accordance with the IRWMPA, the regional water resources management plan may more specifically address any of the matters set forth and more fully described in California Water Code Section 10540(c) including, but not limited to, the following: ground water management planning; urban water management planning; the preparation of a water supply assessment; the planning, construction or modification of a flood management project; the planning, construction or modification of a water recycling project; the planning, construction or modification of a domestic water supply facility to meet safe drinking water standards; the planning, construction or modification of a drainage water management unit, and/or the implementation of a water conservation program. In addition, the purpose of this Agreement is to implement and from time to time revise certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, that have been developed by the Members and to perform such other responsibilities to promote water quality within the Gateway Region. Notwithstanding the citation of specific legal authority for the foregoing, the Authority may exercise any other statutory authority which may now exist or be subsequently enacted to deal with ground water, storm water, water recharge, water recycling, water supply, water storage, water treatment, water drainage, water conservation or any related urban water management subject within the purview of local or regional water agencies and MS4 operators.
3. Establishment. Pursuant to the Joint Exercise of Powers Act, the Original Agreement established a Joint Powers Authority which is a regional water management group and a public entity separate from the parties to this Agreement. The name of the entity is the Los Angeles Gateway Region Integrated Regional Water Management Authority and may be referred to as the Gateway Water Management Authority. The GWMA shall carry out its functions through a Governing Board, as described in this Agreement. 12664-0001\3009909v6.doc
4. Term of Agreement. This amended and restated Agreement is effective as of the latest date by which a super-majority of the Members, acting through their legislative bodies, adopt resolutions approving this amended and restated Agreement and thereafter having executed this Agreement, and shall continue in full force and effect for so long as no less than three (3) such Members remain, or until terminated by unanimous consent, provided that all liabilities of the GWMA have been satisfied and all assets of the GWMA have been distributed. A supermajority for purposes of this Section 4 shall mean the affirmative vote of two-thirds (2/3) of the Members.
5. Restriction on Exercise of Powers. Pursuant to and to the extent required by California Government Code Section 6509, the GWMA shall be restricted in the exercise of its powers to the same extent as the City of Long Beach is restricted in its exercise of powers hereunder; provided that, if the City of Long Beach ceases to be a Member, then the GWMA shall be restricted in its exercise of powers to the same extent as the City of Downey is restricted in its exercise of powers hereunder; in that the aforesaid cities are charter cities with statutory authority over a water supply.
6. Governing Board. The governing body of the GWMA is the Governing Board which is comprised of one representative from each Member, but such representative need not be a member of the legislative body of such public agency if approved by resolution of the legislative body of the Member. The Governing Board shall oversee the activities of the GWMA and shall act consistent with and in furtherance of the purposes of this Agreement and the GWMA. (a) Appointment. The legislative body of each of the Member shall appoint one member of the Governing Board and may appoint up to three alternate Board members. If neither the Govern s alternate(s) can attend a scheduled meeting, one time per year the chief executive (e.g., city manager) or the assistant chief executive of such Member may designate in writing a representative for that meeting who may attend and participate in that meeting as if he or she was a Governing Board member. (b) Term of Members. Each member and alternate member of the Governing Board serves until removed by the applicable . Board members and alternates may be removed at any time by the appointing legislative body. Vacancies shall be filled in the same manner as the original appointment. (c) Compensation. Governing Board members receive no compensation for attending required meetings.
(d) Voting. Each Governing Board member shall have one (1) vote. If a Board member cannot attend a meeting, the alternate attending shall be fully empowered to act as the Governing Board member for the meeting so attended. Actions taken by the Governing Board shall require a majority or super-majority vote as provided below in Section (e). (e) Quorum. A majority of the Governing Board must be present to constitute a quorum. No action will be valid unless it has received the affirmative vote of the majority of those Governing Board members present, except where a super-majority vote is specified. Where a super-majority vote is specified herein, it shall mean the affirmative vote of two-thirds (2/3) of the Governing Board members present.
(f) Responsibilities. The Governing Board will:
12664-0001\3009909v6.doc
(1) Determine general policy for GWMA activities.
(2) Act on behalf of all Members in adopting strategies to pursue the purposes of the GWMA and implement such strategies.
(3) Approve a budget to expend funds necessary to exercise the powers and achieve the purposes of the GWMA, as set forth in this Agreement, and as otherwise provided by law. A super-majority vote shall be required to adopt a budget or assess the contribution of costs or to purchase or long-term lease any real property. (4) Ensure that projects and programs that are undertaken are in the best interest of the residents served by the GWMA.
(5) Authorize expenditures of funds in accordance with budget and any purchasing procedures adopted by the Governing Board.
(6) Share costs equally among the Members, except as otherwise provided herein.
(7) Approve or deny applications from local public agencies for admission to the GWMA or expel a member from the GWMA.
(8) Adopt by-laws, rules and regulations governing operations of the GWMA.
(9) Appoint such ad hoc or standing committees of its Members as it may deem appropriate, all in uniformity with the Ralph M. Brown Act (Sections 54950 et seq.). (g) Meetings. The Governing Board shall conduct regular and special meetings in accordance with the Ralph M. Brown Act, commencing with California Government Code Section 54950, or any successor provision thereto. It shall hold at least one (1) regular meeting in each year and such additional meetings as may be necessary to accomplish the purposes specified herein. Regular meetings shall be held at such location as the Governing Board may determine by Resolution. Minutes shall be kept of all meetings of the GWMA and shall be provided to the Members and made available to the public. Meetings shall be conducted in accordance with rules of procedure adopted by the Governing Board (the Roberts Rules of Order as of the effective date of this Agreement).
Except as specifically provided elsewhere in this Agreement, any rule of procedure affecting the order of business may be suspended with the approval of a majority of Board members then voting.
7. Organization.
(a) Officers. The Governing Board shall elect a chair, a vice-chair, treasurer and/or such other officers as the Board shall find appropriate. The Governing Board shall also appoint a secretary, who need not be a member of the Governing Board. Each officer shall serve at the pleasure of the Governing Board. Upon approval by the Governing Board, all contracts, deeds and other official documents on behalf of the GWMA shall be executed by the Chair or the Executive Officer, and attested to by the Secretary and approved as to form by GWMA s legal counsel or other appropriate officer.
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(b) Employees. The Governing Board may appoint an Executive Officer, controller, clerk, legal counsel or other employees as it deems appropriate and may establish the duties and compensation of such employees. The Governing Board may choose to utilize the services of employees of the Members by appointing a Lead Agency, as described below, and, if required, compensate the Member accordingly, or may directly appoint and employ its own staff.
If the GWMA directly employs employees, the Governing Board shall adopt a personnel system establishing rules and regulations comparable to the public sector generally. (c) Finances. The Governing Board shall appoint a qualified person to act as the Auditor, who need not be a member of the Governing Board. GWMA shall cause an independent annual audit of the GWMA s finances to be made by a certified public accountant in compliance with California Government Code Section 6505. The Treasurer of the GWMA shall be the depositor and shall have custody of all money of the GWMA received from whatever source. The Auditor of the GWMA shall draw warrants to pay demands against the GWMA when the demands have been approved by the GWMA by its authorized representative pursuant to any delegation of authority by the GWMA. The Treasurer and Auditor shall comply strictly with the provisions of statutes relating to their duties, as set forth in the Joint Exercise of Powers Act. The Governing Board may transfer the responsibilities of Treasurer and/or Auditor to any person or entity as may then be authorized by law.
(d) Consultants. The GWMA is authorized to enter into contracts and pay consultants pursuant to the GWMA s purchasing procedure to perform any work or activity it is empowered to perform hereunder, including the provision of professional, financial, legal, administrative, technical or other services. A consultant may be designated as an officer, including the Executive Officer, of the GWMA.
(e) Lead Agency. The Governing Board may, but is not required to, select from the Members, a Lead Agency for the GWMA. In such case, the Director of Finance of the Lead Agency shall be and act as the Treasurer and Auditor of the GWMA, pursuant to California Government Code Section 6505.6. Pursuant to California Government Code Section 6505.1, the Secretary and Treasurer shall have charge of the property of the GWMA and each shall file an official bond in the penal sum of Ten Thousand Dollars ($10,000.00) or such additional amount as the Governing Board may establish. If a lead agency is selected, by majority vote the Governing Board may change the Lead Agency at any time. In such event, the officers of the new Lead Agency shall serve as the respective officers of the GWMA. (f) Property of the GWMA. Pursuant to California Government Code Section 6505.6, the Governing Board may designate an officer or employee, or officers and employees, in addition to the Treasurer, to receive, deposit, invest, and disburse the money of the GWMA pursuant to California Government Code Sections 6505.5 and 6509.5. The Governing Board shall fix the amount of the official bond to be filed by each such designee.
8. Powers and Functions as a Regional Water Management Entity. Subject to the limitations set forth herein, the GWMA, acting through its Governing Board, shall have any and all powers commonly held by the Members, necessary or appropriate to fulfill the purposes set forth in Section 2, above, and to implement the agreed upon provisions of the MS4 Permit on behalf of the Members and to otherwise perform the functions and exercise the powers of a regional water management group pursuant to applicable law. 12664-0001\3009909v6.doc
9. Corporate and Political Powers. For purposes of exercising its authority, and subject to the limitations set forth herein, the GWMA shall have all joint powers specified in California Government Code Section 6508 including, but not limited to, any or all of the following:
(a) To exercise the common powers of its Members;
(b) To make and enter into contracts;
(c) To employ agents and employees;
(d) To acquire, construct, manage, maintain or operate any building, structure, work or improvement;
(e) To acquire, hold or dispose of real or personal property; (f) To incur debts, liabilities and obligations and issue bonds, notes, certificates of participation and other forms or evidence of indebtedness; (g) To sue and be sued in its own name;
(h) To apply for, accept, receive and disburse grants, loans and other financial aid from any agency of the State of California or the United States of America and to receive donations of property, funds, services and other forms of assistance from persons, firms, corporations or governmental entities;
(i) To obtain insurance for the GWMA and contract for risk management services;
(j) To invest money of the GWMA in the same manner and on the same conditions as local agencies pursuant to California Government Code Section 53601; (k) To prepare and support legislation related to the purposes of this Agreement;
(l) To adopt rules, regulations, policies, bylaws and procedures for the carrying out of the foregoing powers or necessary for the governing of the operations of the GWMA; and (m) To exercise all other powers necessary and proper to carry out the provisions of this Agreement.
10. Limitations. The GWMA shall not have the power of eminent domain.
11. Expenditures and Contributions. From time to time, the Governing Board may require Member contributions in order to make expenditures necessary to carry out the purposes and functions of the GWMA which may include, but are not limited to, retention of consultant(s) to conduct studies and prepare plans, reports and designs, and/or provide management services. Contracts over $100,000 shall require a super-majority vote of the Governing Board to approve. Contributions may be assessed against Members on an equal basis, or upon such other basis as may be determined by the Governing Board. Within thirty (30) days of such an assessment by the Governing Board becoming effective, each Member, 12664-0001\3009909v6.doc
shall make the required contribution, provided that any Member not wishing to make such contribution may, in the alternative, withdraw from the GWMA within said period by adopting a resolution of withdrawal by its legislative body and otherwise complying with Section 15.
12. Eligibility for Membership and Admission. Any local public agency that is a member of the Gateway Cities Council of Governments, or that has statutory authority over a water supply with the Gateway Cities Region, may apply to become a member of the GWMA pursuant to an action taken by the legislative body of such public agency and may become a Member upon a super-majority vote of the Governing Board and execution of this Agreement. At the time of approval of admission, the Governing Board may request that the new Member make a payment of any costs incurred by the GWMA to date, to the extent the benefit of those costs will be derived or will continue to be derived after the new Member agency has joined the GWMA.
13. Accounts, Reports, and Audits. The following procedures shall be followed to ensure strict accountability of all funds of the GWMA and to provide for accurate reporting of receipts and disbursements of said funds:
(a) The Auditor shall either prepare or contract with a certified public accountant to prepare an annual audit of the GWMA s accounts and records. The minimum requirements for such audits shall be those prescribed by the State Controller for special districts under California Government Code Section 26909 or successor statute and shall conform to generally accepted accounting principles.
(b) A report of said audit shall be filed as a public record with each Member and with the County Auditor of the County of Los Angeles. Such report shall be filed within twelve (12) months of the end of the fiscal year or years under examination. (c) Any additional procedures pertaining to accountability of funds and assets of the GWMA, as specified in the Joint Exercise of Powers Act, shall be followed.
14. Obligation for Debts and Liabilities and Distribution of Assets. Except as otherwise provided herein or by applicable law, no Member shall be individually responsible for any of the debts, liabilities or obligations of the GWMA, and all such debts, liabilities and obligations shall exclusively be those of the GWMA.
(a) Indemnification.
(1) Each Member agrees to indemnify, defend and hold the GWMA and all other Members, and employees, officers and agents of the GWMA, free and harmless with respect to any and all claims, liabilities, losses, and damages, including legal fees and expenses, to the extent arising out of or connected with the acts or omissions, or breach or default, of such Member, or any person or entity acting on behalf of such Member, in the performance of any of its obligations under this Agreement. (2) The GWMA shall indemnify, defend, and hold harmless, jointly and severally, each officers, officials, employees, agents, and representatives with respect to any loss, damage, injury, claim, litigation, or liability, s fees and costs, arising out of or in any way related to the creation, 12664-0001\3009909v6.doc
operation, functioning, decisions, or actions of the GWMA or the GWMA s officers, officials, employees, agents, or representatives.
(3) The provision of indemnity set forth in this Section shall not be construed to obligate the GWMA to pay any liability, including but not limited to punitive damages, which by law would be contrary to public policy or otherwise unlawful. (b) Tort Liability. Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. Therefore, the Member public agencies, as among themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, each assume the full liability imposed upon it or any of its officers, agents, employees or representatives by law for injury caused by a negligent or wrongful action or inaction, or omission, occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Member public agency indemnifies and holds harmless each other party and the GWMA, for any loss, cost or expense, including reasonable attorney s fees and consultant fees that may be imposed upon or incurred by such other Member public agency or the GWMA solely by virtue of Government Code Section 895.2. (c) Funds for Defense. Notwithstanding the provisions of paragraphs (a) or (b), above, by a super-majority vote of the Governing Board, the Board may approve the expenditure of GWMA funds to defend, indemnify and hold the GWMA, members of the Governing Board, and/or any employee or agent of the GWMA, free and harmless from claims and liabilities arising in connection with their actions taken in good faith, and while within the scope of their duties being performed on behalf of the GWMA. (d) Self-Insure. The GWMA may self-insure or purchase insurance, and/or-, require the Members to self-insure or purchase insurance, in order to comply with any of the defense and indemnity requirements herein.
(e) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, all pension, relief, disability, worker s compensation, and other benefits which apply to the activity of officers, agents, or employees of any Member when performing their respective functions within the territorial limits of the Member, shall apply to them to the same degree and extent while engaged in the performance on any of their functions and duties extraterritorially hereunder.
15. Withdrawal by a Member. Subject to the provisions of this section, any Member may withdraw from the GWMA by providing the Governing Board no less than thirty (30) days prior written notice including a copy of the initiating resolution by the legislative body of the withdrawing Member. The withdrawing Member shall pay all unpaid contributions that were approved by the Governing Board more than one hundred twenty (120) days prior to the date of the notice of withdrawal. No Member may withdraw unless and until it has satisfied any and all outstanding contractual obligations, or other indebtedness for which such Member would otherwise be obligated, in whole or in part, to pay. Outs includes the obligations for payments on contracts which the GWMA has entered into and are legally binding but where additional services will be performed in the future, until the contract has been fully performed.
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16. Effect of Termination. Upon termination of this Agreement by the GWMA, all of the existing assets shall be divided and distributed for public purposes in such manner as shall be determined by a super-majority vote of the Governing Board provided, however, that this Agreement and the Governing Board shall continue to exist for the purposes of disposing of all claims, administering the distribution of assets, and performing any other functions necessary to conclude the affairs of the GWMA. This Agreement may not be terminated so long as the GWMA has any outstanding contractual obligations or other indebtedness.
17. Notices. Notices permitted or required to be sent pursuant to this Agreement shall be sent by registered mail, return receipt requested, or reputable overnight delivery service, addressed as follows:
To Member public agencies at each Member public agency s official business address, pers s
Governing Board member;
To the GWMA at 16401 Paramount Boulevard, Paramount,
California 90723. This address shall be the GWMA s official business address. This address may be changed by approval of the Governing Board and the giving of written notice to each Member at their official business address.
18. Amendment.
indemnification requirements, or financial responsibilities, this Agreement may be amended by a super-majority vote of the Governing Board. Otherwise, this Agreement may be amended by a majority vote of the Governing Board and by a majority vote of the Members acting by resolution of their legislative bodies.
19. Legal Actions.
(a) Remedies. The GWMA is hereby authorized to take any and all legal or equitable actions, including but not limited to, seeking an injunction and/or specific performance, necessary or permitted by law, to enforce this Agreement. (b) Applicable Law and Forum. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles. Legal actions must be instituted and maintained in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that county, or in the Federal District Court in the Central District of California.
(c) Acceptance of Service of Process. In the event that any legal action is commenced against the GWMA, service of process on the GWMA shall be made by personal service upon the Executive Officer or Secretary of the GWMA, or in such other manner as may be provided by law.
(d) Waivers. All waivers of any term or condition of this Agreement shall be in writing. No waiver of any term or same term or condition at a different time.
20. Liberal Construction; Severability. In the event of any litigation over the meaning of this Agreement or the GWMA of any agency of the GWMA, this Agreement shall be 12664-0001\3009909v6.doc
liberally construed to effectuate its purposes. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California or federal law, or otherwise be rendered unenforceable or invalid, the validity of the remaining portions and/or provisions shall not be affected thereby.
21. Conflicts of Interest. No officers, official, or employee of the GWMA shall have any financial interest, direct or indirect, in the GWMA nor shall any such person participate in any decision relating to the GWMA which affects his or her financial interests, in violation of any State law or regulation.
22. Books and Records. All books, records, accounts, and documents of the GWMA shall be available at any reasonable time to the Directors and, to the extent provided by the California Public Records Act (Government Code Section 7920.000, et seq.) shall be public records. This Section does not authorize the release of any confidential records which are exempt from disclosure under the California Public Records Act or other applicable law or regulations.
23. Principal Office. The principal office of the GWMA shall be that of the office of the Executive Officer or as from time to time designated by the Board.
24. Successors. This Agreement shall be binding upon all Members and shall inure to the benefit of the successors of each of the Members provided, however, that no Member may assign any right or obligation under this Agreement without the written consent of the Governing Board.
25. Effectuate Counterparts. This Agreement may be executed in counterparts, which together shall constitute the same and entire agreement.
26. Filing with Secretary of State. The Executive Officer of the Governing Board is directed to file with the office of the California Secretary of State and State Controller a notice of adoption or amendment of this Agreement within thirty (30) days after the effective date of such adoption or amendment, as required by California Government Code Sections 6503.5 and 6503.6 and shall file all other official notices as may be required by law.
27. Entire Agreement. This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and amends, replaces, and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties. [SIGNATURES ON FOLLOWING PAGES]
12664-0001\3009909v6.doc
IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be executed and attested by its duly authorized officers as of the dates set forth below.
(signature)
Name:
Title:
City/Agency Name:
ATTEST BY: APPROVED AS TO FORM BY:
(signature) (signature)
Name: Name:
Title: Title:
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9I.
TO: Mayor and Members of the City Council
SUBJECT: Agreement With the County of Los Angeles for a Joint Traffic Signal Synchronization Project on Norwalk Boulevard, San Antonio Drive, and Pioneer Boulevard From Beverly Boulevard to Carson Street
FROM: Ernesto Sanchez, Public Works Manager
REVIEWED AND APPROVED BY:
Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that the City Council approve the agreement with the County of Los Angeles in the amount of $147,000, and authorize the City Manager to execute, including amendments up to the 15% contingency and make amendments that do not change the contract amount.
BACKGROUND:
In 1988, the Los Angeles County Board of Supervisors instituted the Countywide Traffic Signal Synchronization Program (TSSP) to improve mobility on congested local highways and streets. Under TSSP, Los Angeles County Public Works partners with local jurisdictions, the California Department of Transportation (Caltrans), and the Los Angeles County Transportation Authority (Metro) to implement operational improvements to traffic signals on major streets in Los Angeles County. Los Angeles County Public Works has completed 39 TSSP projects along congested routes and estimate that the improvements have saved motorists 31.9 million travel hours, 38.6 million gallons of fuel, and 10,100 tons of pollutants to date. Additionally, the County estimates that travel times have reduced by as much as 29 percent.
Los Angeles County Public Works plans to implement a new TSSP project along Norwalk Boulevard, San Antonio Drive, and Pioneer Boulevard between Beverly Boulevard to Carson Street. The project would improve timing at 55 intersections with traffic signals and would be a joint effort between Los Angeles County, Caltrans, and the cities of Artesia, Cerritos, Hawaiian Gardens, Lakewood, Long Beach, Norwalk, Santa Fe Springs, and Whittier. The goal of the project is to improve traffic flow and reduce the time vehicles spend stopped at red lights along this corridor.
The proposed project plans include improvements to 13 intersections with traffic signals along Pioneer Boulevard within the City of Artesia ("City"). The County of Los Angeles is requesting that the City participate in this joint TSSP project and has provided an Agreement that outlines each agency’s responsibilities and a cost of $147,000 for improvements to traffic signals owned and operated by the City.
ANALYSIS:
As part of the proposed Agreement, the City agrees to designate the County of Los Angeles as the lead agency for the purpose of completing this project, as well as to compensate the County for construction costs for work performed on 11 out of 13 intersections in the City. The City would not fund improvements at two locations, which have traffic signals that are owned and operated by Caltrans, and compensation would be prorated at two locations where the City shares the intersection with a neighboring city. The intersections receiving improvements in the City are:
1. Pioneer Boulevard at 166th
Street (Shared with City of Norwalk);
2. Pioneer Boulevard at Arkansas Street;
3. Pioneer Boulevard at 91 Freeway West Ramp (Owned by Caltrans)
4. Pioneer Boulevard at 91 Freeway East Ramp (Owned by Caltrans)
5. Pioneer Boulevard at Artesia Boulevard;
6. Pioneer Boulevard at 176th
Street;
7. Pioneer Boulevard at 178th
Street;
8. Pioneer Boulevard at Ashworth Street;
9. Pioneer Boulevard at 183rd
Street;
10. Pioneer Boulevard at Pedestrian Crossing Signal;
11. Pioneer Boulevard at 186th
Street;
12. Pioneer Boulevard at 187th
Street; and
13. Pioneer Boulevard at South Street (Shared with City of Cerritos).
The proposed scope of work includes the coordination and adjustment of signal timing at successive intersections to create smoother progression for motorists within the project area. However, intersections are receiving additional improvements that include:
Conversion of time source to GPS Universal Time Base units for more accurate corridor-wide coordination;
Installation of pedestrian push buttons with Accessible Pedestrian Signals that provide voice messages for people who are visually impaired or have other disabilities; Installation of upgraded video detection cameras for improved vehicle detection; and Installation of upgraded lighting on existing mast arm for better visibility and energy efficiency.
The total cost of the proposed improvements for traffic signals owned and operated by the City is valued at $928,300. The Agreement allows for the City to utilize a total of $525,700 in Metro grant funds that have been secured and set aside by the County of Los Angeles specifically for this project. Additionally, the County of Los Angeles agrees to finance a total of $255,600 for improvements in the City. Therefore, the City would only be required to fund the remaining balance of $147,000 for the improvements.
The Agreement further outlines that the County of Los Angeles agrees to prepare all environmental documents and perform all of the necessary engineering, bid solicitation, contract administration, construction inspections, and traffic control. The City agrees to provide the County of Los Angeles the payment of $147,000 for its share of the project upon execution of the Agreement. However, the Agreement provides the City the opportunity to review bids prior to the award of a contract. If the bid amount for the City's share exceeds the $147,000 payment and the City Engineer determines that the new cost is not reasonable and justified, the City would have the option to not move forward with the project and the County of Los Angeles would refund the $147,000 payment. The Agreement also requires that the County seek the City’s approval for any contract changes that affect the cost of the project. City Staff would be authorized to approve payment for contract changes deemed necessary for the project provided that they do not exceed 15 percent of the total arithmetic dollar value of City's share for the project.
CEQA COMPLIANCE:
In accordance with Section (3)b of the proposed funding agreement, the County of Los Angeles agrees to act as the lead agency on this project and will prepare the necessary environmental documents, and make the required environmental findings pursuant to the California Environmental Quality Act (CEQA).
FISCAL IMPACT:
Approval of this item does not impact the General Fund. The City’s share for construction work related to this project is $147,000, which will be funded using available Proposition C Local Return Funds. The City Engineer and City Manager will review and approve the construction cost prior to the award of a construction contract. Contract changes that affect the construction cost in the City must by approved by the City and cannot exceed fifteen percent (15%) of it's share of the project.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council approve the agreement with the County of Los Angeles in the amount of $147,000, and authorize the City Manager to execute, including amendments up to the 15% contingency and make amendments that do not change the contract amount and contingency.
Attachments
LA County Agreement.pdf
Norwalk-San Antonio-Pioneer TSSP.pdf
A G R E E M E N T
THIS AGREEMENT, is made and entered into by and between the CITY OF ARTESIA, a municipal corporation in the County of Los Angeles, (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY):
W I T N E S S E T H
WHEREAS, to assist in the traffic flow, CITY, the City of Cerritos, the City of Hawaiian Gardens, the City of Lakewood, the City of Long Beach, the City of Norwalk, the City of Santa Fe Springs, the City of Whittier, and COUNTY desire to modify and synchronize the traffic signals along Norwalk Boulevard/San Antonio Drive/Pioneer Boulevard from Beverly Boulevard to Carson Street, a portion of which is within CITY, and which work is hereinafter referred to as PROJECT; and WHEREAS, the proposed improvements are jurisdictionally shared between CITY, the City of Cerritos, the City of Hawaiian Gardens, the City of Lakewood, the City of Long Beach, the City of Norwalk, the City of Santa Fe Springs, the City of Whittier, and COUNTY, and a separate agreement between the City of Norwalk and County is being executed covering the portions of PROJECT within the City of Norwalk’s jurisdiction; and
WHEREAS, PROJECT is within the shared geographical boundaries of CITY, the City of Cerritos, the City of Hawaiian Gardens, the City of Lakewood, the City of Long Beach, the City of Norwalk, the City of Santa Fe Springs, the City of Whittier, and COUNTY; and
WHEREAS, PROJECT is of general interest to CITY, the City of Cerritos, the City of Hawaiian Gardens, the City of Lakewood, the City of Long Beach, the City of Norwalk, the City of Santa Fe Springs, the City of Whittier, and COUNTY; and
WHEREAS, for the purpose of providing funding for PROJECT, COUNTY, as lead agency, on November 23, 2023, entered into an amended Memorandum of Understanding No. 9200000000F7305 (MOU) with the Los Angeles County Metropolitan Transportation Authority (Metro); and
WHEREAS, COUNTY is willing to utilize and share with CITY the funding provided for in COUNTY/Metro MOU 9200000000F7305 to finance a portion of COST OF PROJECT; and
WHEREAS, COST OF PROJECT includes the COST OF PRELIMINARY ENGINEERING, COST OF CONSTRUCTION CONTRACT, and COST OF CONSTRUCTION ADMINISTRATION; and
WHEREAS, the total COST OF PROJECT is currently estimated to be Four Million Thirty-Seven Thousand Dollars ($4,037,000.00); and
WHEREAS, under the MOU, Metro will provide to COUNTY a grant (GRANT) of up to a maximum of Two Million Four Hundred Eleven Thousand Five Hundred Dollars ($2,411,500.00) for PROJECT; and
WHEREAS, allocation of the Metro grant is currently estimated to be, Five Hundred Twenty-Five Thousand Seven Hundred and 00/100 Dollars ($525,700.00) towards CITY’S jurisdictional share, Three Hundred Forty-Nine Thousand Nine Hundred and 00/100 Dollars ($349,900.00) towards the COUNTY’s jurisdictional share, Twenty-Six Thousand and 00/100 Dollars ($26,000.00) towards the City of Cerritos jurisdictional share, Forty-Four Thousand Nine Hundred and 00/100 Dollars ($44,900.00) towards the City of Lakewood’s jurisdictional share, One Million Six Thousand Eight Hundred and 00/100 Dollars ($1,006,800.00) towards the City of Norwalk’s’ jurisdictional share, One Hundred Eighty-Eight Thousand Eight Hundred and 00/100 Dollars ($188,800.00) towards the City of Santa Fe Springs’ jurisdictional share, and Two Hundred Sixty-Nine Thousand Four Hundred and 00/100 Dollars ($269,400.00) towards the City of Whittier’s jurisdictional share; and WHEREAS, CITY is willing to finance its jurisdictional share of COST OF PROJECT currently estimated to be Nine Hundred Twenty-Eight Thousand Three Hundred and 00/100 Dollars ($928,300.00) by claiming its share of COUNTY/Metro grant funds, currently estimated to be Five Hundred Twenty-Five Thousand Seven Hundred and 00/100 Dollars ($525,700.00) and contributing other CITY funds in the amount of One Hundred Forty-Seven Thousand and 00/100 Dollars ($147,000.00) to finance a portion of the COST OF PROJECT; and WHEREAS, COUNTY agrees to contribute Two Hundred Fifty-Five Thousand Six Hundred and 00/100 Dollars ($255,600.00) to finance a portion of CITY’s COST OF PROJECT; and
WHEREAS, CITY agrees to contribute funds in the amount of One Hundred Forty-Seven Thousand and 00/100 Dollars ($147,000.00) to finance a portion of the COST OF PROJECT; and
WHEREAS, CITY’S estimated share is the sum of actual quantities of construction contract items utilized within CITY jurisdiction less the grant amount for grant eligible items plus thirty (30) percent of that for PRELIMINARY ENGINEERING cost, twenty (20) percent of that for CONSTRUCTION ADMINISTRATION cost, twenty (20) percent of that for contingencies, and three and a half (3.5) percent of combined costs of PRELIMINARY ENGINEERING and CONSTRUCTION ADMINISTRATION towards the contract CITY liability trust fund altogether estimated to be One Hundred Forty-Seven Thousand Hundred and 00/100 Dollars ($147,000.00); and
WHEREAS, BASIC TRAFFIC SIGNAL TIMING involves the timing parameters for the general operation of a traffic signal, which typically include, but is not limited to, defining the phases, attributes and timing values for each
permitted phase, pedestrian movement, and assigning detection; and WHEREAS, COORDINATION TRAFFIC SIGNAL TIMING involves the timing parameters that allow multiple traffic signals to be synchronized with each other, which typically include defining coordination cycle lengths, offsets and time of day operations for each traffic signal coordination plan; and WHEREAS, COUNTY agrees to be responsible to perform or cause to be performed the PRELIMINARY ENGINEERING, solicitation of construction bids and award of CONSTRUCTION CONTRACT, and CONSTRUCTION
ADMINISTRATION for PROJECT; and
WHEREAS, COUNTY agrees to be responsible to perform or cause to be performed the equipment and system testing and develop and implement the BASIC TRAFFIC SIGNAL TIMING and COORDINATION TRAFFIC SIGNAL TIMING for PROJECT; and
WHEREAS, such a proposal is authorized and provided for by the provisions of Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and 1803 of the California Streets and Highways Code.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows:
(1) DEFINITIONS:
a. The term JURISDICTION, as referred to in this AGREEMENT, shall be defined as the area within the jurisdictional boundary of each governmental entity party to this AGREEMENT.
b. PRELIMINARY ENGINEERING, as referred to in this AGREEMENT, shall consist of environmental findings and approvals/permits; design survey; soils report; traffic index and geotechnical investigation; preparation of plans, specifications, and cost estimates; right-of-way engineering; utility engineering; and all other necessary work prior to advertising of PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT, as referred to in this AGREEMENT, shall consist of the actual payments to the construction contractor(s) for PROJECT and the total of all payments to utility companies or contractor(s) for the relocation of facilities necessary for the construction of PROJECT, and the cost of any additional unforeseen work that is necessary for the construction of PROJECT. d. CONSTRUCTION ADMINISTRATION as referred to in this
AGREEMENT shall consist of construction contract administration, construction inspection, materials testing, construction survey, traffic
detour, signing and striping, construction engineering, utility relocation and coordination matters, changes and modifications of plans and specifications for PROJECT necessitated by unforeseen or unforeseeable field conditions encountered during construction of PROJECT, construction contingencies, and all other necessary work after advertising of PROJECT for construction bids to cause PROJECT to be constructed in accordance with said plans and specifications approved by CITY and COUNTY.
e. COST OF PROJECT, as referred to in this AGREEMENT, shall consist of the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING, CONSTRUCTION
ADMINISTRATION, BASIC TRAFFIC SIGNAL TIMING, and
COORDINATION TRAFFIC SIGNAL TIMING for traffic signals within PROJECT limits, right-of-way acquisition and clearance matters, and all other work and materials necessary to construct PROJECT in accordance with the approved plans and shall include currently effective percentages added to total salaries, wages, and equipment costs to cover overhead, administration, and depreciation in connection with any or all of the aforementioned items.
f. Completion of PROJECT as referred to in this AGREEMENT shall be defined as the date of field acceptance of construction of PROJECT by COUNTY and an electronic notification to CITY'S City Manager that the improvements within CITY’S JURISDICTION are completed and transferred to CITY for purpose of operation and maintenance. (2) CITY AGREES:
a. To finance CITY’S share of COST OF PROJECT, the actual amount of which is to be determined by a final accounting, pursuant to paragraph (4) e., below.
b. To deposit with COUNTY, following execution of this AGREEMENT and upon demand by COUNTY, CITY funds in the amount of One Hundred Forty-Seven Thousand and 00/100 Dollars ($147,000.00) hereinafter referred as CITY’S PAYMENT. Said demand will consist of a billing invoice prepared by COUNTY and delivered to CITY.
c. To obtain and grant to COUNTY any necessary temporary right of way within CITY for the construction of PROJECT at no cost to COUNTY. d. To issue to COUNTY a no-fee permit(s) authorizing COUNTY to construct those portions of PROJECT within CITY highway right of way on condition that the COUNTY'S contractor meets the insurance requirements as required and approved by the CITY’S Risk Manager.
e. To cooperate with COUNTY in conducting negotiations with and, where appropriate, issue notices to public utilities and owners of substructure and overhead facilities regarding the relocation, removal, operation, and maintenance of all surface and underground utilities and facilities, structures, and transportation services, which interfere with the proposed construction. Where utilities have been installed in CITY streets or on CITY property, CITY will provide the necessary right of way for the relocation of those utilities and facilities that interfere with the construction of PROJECT. CITY will take all necessary steps to assist COUNTY in utilizing the CITY’S prior rights over utility companies and owners of substructure and overhead facilities and execute any necessary documentation to temporarily grant, transfer, or assign such prior rights to the COUNTY when necessary for the COUNTY to construct and complete the PROJECT. All such prior rights shall revert to the CITY upon completion of the PROJECT.
f. To authorize COUNTY to represent CITY pursuant to this AGREEMENT, in negotiations pertaining to the advertisement of PROJECT for construction bids, award, and administration of the construction contract and in all things necessary and proper to complete PROJECT.
g. Upon completion of PROJECT: (1) to accept full and complete ownership of, and responsibility for, the PROJECT; and (2) to maintain in good condition and at CITY expense, all improvements constructed as part of PROJECT within CITY’S JURISDICTION, including the BASIC TRAFFIC SIGNAL TIMING and the COORDINATION TRAFFIC
SIGNAL TIMING to support synchronization of traffic signals on Norwalk Boulevard/San Antonio Drive/Pioneer Boulevard.
(3) COUNTY AGREES:
a. To perform or cause to be performed the preliminary engineering, contract administration, construction inspection and engineering, utility engineering and relocation, traffic detour, BASIC TRAFFIC SIGNAL TIMING, TRAFFIC SIGNAL COORDINATION TIMING, and final signing and striping for PROJECT.
b. To act as lead agency, prepare the necessary environmental documents, and make the required environmental findings for PROJECT pursuant to the California Environmental Quality Act. c. To contribute toward CITY'S share of COST OF PROJECT, currently estimated to be Two Hundred Fifty-Five Thousand Six Hundred and 00/100 Dollars ($255,600.00).
d. To submit an invoice to CITY in the amount of One Hundred Forty-Seven Thousand and 00/100 Dollars ($147,000.00) upon adoption of this AGREEMENT by COUNTY.
e. To obtain CITY'S approval of plans for PROJECT prior to advertising for construction bids.
f. To advertise PROJECT for construction bids, to award and to administer the construction contract, and to act on behalf of CITY in all negotiations pertaining thereto.
g. To administer the design and construction of PROJECT in accordance with all regulations and requirements of Metro relating to the expenditure of Proposition C Local Return funds and Proposition C Twenty-five Percent (25%) Discretionary funds and Memorandum of Understanding No. 9200000000F7305 between COUNTY and Metro. COUNTY'S
records for PROJECT shall be open to inspection and subject to audit and reproduction by COUNTY and Metro, or any of their duly authorized representatives, and shall be retained by COUNTY for a period of not less than seven (7) years after final payment to contractor(s) for PROJECT.
h. To ensure that CITY and all officials, officers and employees of CITY are named as additional insured parties under the construction contractor's(s') Contractor's General Liability and automobile insurance policies.
i. To furnish to CITY, within one hundred eighty (180) calendar days after final Board acceptance of PROJECT, a final accounting of the actual CITY’S share of COST OF PROJECT including an itemization of actual unit costs and actual contract quantities, as specified in paragraph (3) a., above.
j. To perform or cause to be performed the equipment and system testing and to develop and implement the BASIC TRAFFIC SIGNAL TIMING and COORDINATION TRAFFIC SIGNAL TIMING for the PROJECT. (4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The financial obligations of COUNTY pursuant to this AGREEMENT are conditional upon COUNTY obtaining reimbursement from Metro pursuant to Memorandum of Understanding No. 920000000000F7305 between COUNTY and Metro. If COUNTY and/or Metro fails to provide its financial contribution, then COUNTY shall refund CITY'S payment within ninety (90) calendar days after notice from Metro to COUNTY that Metro funds are not available.
b. Bids received by COUNTY shall be submitted to CITY for its review prior to award of contract to the lowest responsible bidder for PROJECT.
COUNTY and CITY agree that the CITY shall not be required to provide its concurrence in the award of contract if CITY’S share of COST OF PROJECT does not exceed CITY’S PAYMENT. If CITY’S share of COST OF PROJECT exceeds CITY’S PAYMENT, CITY shall have the authority to determine whether the cost is reasonable and whether CITY will move forward with participation in the PROJECT or will terminate this AGREEMENT. If CITY terminates this AGREEMENT, COUNTY shall refund CITY’S PAYMENT within ninety (90) calendar days after notice from CITY.
c. Any contract changes deemed necessary or advisable by COUNTY may be executed by COUNTY, except that any changes, including but not limited to costs, which may affect the construction in CITY shall first be approved or denied by CITY within ten (10) working days after receipt of such change. CITY is authorized to approve payment for contract changes deemed necessary in CITY provided that the total arithmetic dollar value of the changes does not exceed fifteen percent (15%) of COST OF PROJECT.
d. The final accounting of the actual total COST OF PROJECT shall allocate said total cost between CITY and COUNTY based on the previously agreed upon improvements and/or work completed. Thus, the cost of all work or improvements (including all engineering, administration, and all other costs incidental to PROJECT work), previously agreed upon as CITY’S share of the COST OF PROJECT, shall be borne by CITY. The cost of all work or improvements (including all engineering, administration, and all other costs incidental to PROJECT work), previously agreed upon as COUNTY’S share of the COST OF PROJECT, shall be borne by COUNTY.
e. That if at final accounting CITY’S share of COST OF PROJECT exceeds CITY’S PAYMENT, as set forth in paragraph (2) b., above, CITY shall pay to COUNTY the additional amount upon demand. Said demand shall consist of a billing invoice prepared by COUNTY. Conversely, if the CITY'S share is less than CITY'S PAYMENT, COUNTY shall refund the difference to CITY without further action by CITY.
f. That if CITY'S PAYMENT, as set forth in paragraph (2) b., above is not delivered to COUNTY office, which is described on the billing invoice prepared by COUNTY within sixty (60) calendar days after the date of said invoice, notwithstanding the provisions of Government Code Section 907, COUNTY may satisfy such indebtedness, including interest thereon, from any funds of CITY on deposit with COUNTY after giving notice to CITY of COUNTY'S intention to do so.
g. CITY shall review the final accounting invoice prepared by COUNTY and report in writing any discrepancies to COUNTY within sixty (60) calendar days after the date of said invoice. Undisputed charges shall be paid by CITY to COUNTY within sixty (60) calendar days after the date of said invoice. COUNTY shall review all disputed charges and submit a written justification detailing the basis for those charges within sixty (60) calendar days of receipt of CITY'S written report. CITY shall then make payment of the previously disputed charges or submit justification for nonpayment within sixty (60) calendar days after the date of COUNTY'S written justification.
h. COUNTY at any time may, at its sole discretion, designate an alternative payment mailing address and an alternative schedule for payment of CITY funds if applicable. CITY shall be notified of such changes by invoice prepared by COUNTY and delivered to CITY.
i. During construction of PROJECT, COUNTY shall furnish, at no cost to CITY, an inspector or other representative to perform the functions of an inspector. CITY may also furnish, at no cost to COUNTY, an inspector or other representative to inspect construction of the PROJECT. CITY shall have no obligation to inspect the PROJECT and no liability shall be attributable as a result of CITY'S inspection or failure to inspect. Said inspectors shall cooperate and consult with each other, but the orders of COUNTY inspector to the contractor or any other person in charge of construction shall prevail and be final, and COUNTY inspector shall be responsible for the proper inspection of PROJECT as needed. j. This AGREEMENT may be amended or modified only by mutual written consent of COUNTY and CITY. Amendments and modifications of a nonmaterial nature may be made by the mutual written consent of the Parties.
k. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:
CITY: Mr. Abel Avalos
City Manager
City of Artesia
18747 Clarkdale Avenue
Artesia, CA 90701
COUNTY: Mr. Mark Pestrella
Director of Public Works
Los Angeles County Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
l. COUNTY and CITY acknowledge and recognize that the improvements contemplated by this AGREEMENT provide significant regional and local benefits with respect to reducing traffic congestion. COUNTY and CITY further acknowledge and recognize that the cost of defending claims and lawsuit arising from the improvements contemplated by this AGREEMENT is paid for by public monies and both Parties share an interest in reducing the amount of public monies spent on defending claims and lawsuits where possible without prejudicing their respective defenses.
m. In the event that a claim lawsuit is brought against COUNTY and CITY based on the allegation that the design, construction, maintenance, or operation of the improvements constructed under this AGREEMENT proximately caused injuries or damage, COUNTY and CITY agree to cooperate as much as possible with respect to defending the claim or lawsuit without causing prejudice to their respective defenses to the claim or lawsuit. Upon receipt of the claim or lawsuit, the COUNTY and CITY, through their respective agents if appropriate, shall promptly investigate the matter. COUNTY and CITY shall then meet and confer promptly regarding whether a joint defense is appropriate or if one Party should tender its defense and indemnification to the other Party. n. Neither COUNTY nor any official, officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to, assumed by, or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810.8) is sought to be imposed under Section 830, et seq., of the Government Code for a dangerous condition of property owned by or under the control of CITY, CITY shall fully defend, indemnify, and hold COUNTY harmless from any and all liability arising from such dangerous condition.
o. Neither CITY nor any official, officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government
Code, Section 810.8) occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810.8) is sought to be imposed under Section 830, et seq., of the Government Code for a dangerous condition of property owned by or under the control of COUNTY, COUNTY shall fully defend, indemnify, and hold CITY harmless from any and all liability arising from such dangerous condition.
p. It is understood and agreed that the provisions of Assumption of Liability Agreement No. 32047 between CITY and COUNTY, adopted by the Board of Supervisors on November 14, 1977, and currently in effect, are inapplicable to this AGREEMENT.
IN WITNESS WHEREOF, the Parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF ARTESIA on , 2025, and by the COUNTY
OF LOS ANGELES on , 2025.
COUNTY OF LOS ANGELES
By________________________
Director of Public Works
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By______________________
Deputy
CITY OF ARTESIA
By________________________
City Manager
ATTEST: APPROVED AS TO FORM:
By __________________________ By________________________ Jennifer Alderete, City Clerk Best Best & Krieger, City Attorney
07/03/024
07/03/2024
07/03/2024
07/03/2024
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 8, 2025 ITEM NO: 9J.
TO: Mayor and Members of the City Council
SUBJECT: Professional Services Agreement with RKA Consulting Group to complete Plans, Specifications and Estimates for the Roadway Pavement Rehabilitation Project FROM: Ernesto Sanchez, Public Works Manager
REVIEWED AND APPROVED BY:
Jamie Murguia, Finance Manager
Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:
Staff recommends that City Council approve a Professional Service Agreement between the City of Artesia and RKA Consulting in the amount of $178,555, plus a 10% contingency to complete Plans, Specifications and Estimates for the Fiscal Year 2025-26 Roadway Pavement Rehabilitation Project No. 2025-004, authorize the City Manager to execute the Agreement and make amendments that do not change the compensation, and make a determination that this action is exempt from CEQA.
BACKGROUND:
On May 12, 2025, the City Council adopted the 2025 Pavement Management System which included an inventory of all streets within the City of Artesia ("City"), an assessment of pavement conditions and a determination of budget needs for street rehabilitation. The assessment determined that the City’s overall street network is in fair condition. However, residential streets located within communities bounded by Artesia Boulevard in the north, Gridley Road in the west, 183rd Street in the south, and the City’s eastern limits have significantly poorer pavement conditions than other parts of the City. The 2025 Pavement Management System prioritizes improvements to these residential streets in all upcoming street improvement projects, and directly informed the Fiscal Year 2025-26 Roadway Pavement Rehabilitation Project.
The Fiscal Year 2025-26 Roadway Pavement Rehabilitation Project will make improvements on all residential streets bounded by Artesia Boulevard in the north, Pioneer Boulevard in the west, 183rd Street in the south, and the City’s eastern limits. This project includes a total of 26 residential street segments, two arterial street segments and two alleys. A current project map and list of street segments designated for improvements are included in this Staff Report as an Attachment. Additional street segments can be added to the project should funding become available during the engineering process. A significant portion of the streets included in the project are identified by the 2025 Pavement Management System to be in poor, very poor or serious condition. Construction activities for this project would be funded through a Community Project Funded Congressional Directed Spending grant that was awarded to the City by former Congresswoman Michelle Steele in the amount of $6,000,000 and approximately $198,000 in allocated Senate Bill 1 (SB1) local funds. Prior to construction, the City needs to draft and approve plans, specifications and estimates for the necessary improvements which would include, be not be limited to, asphalt repavement and concrete improvements to sidewalks, curbs and gutters, and curb ramps. On June 12, 2025, Staff released a Request for Proposals for engineering design services to draft the plans, specifications and estimates necessary for the project. Staff received a total of nine proposals from qualified engineering firms.
ANALYSIS:
A review panel consisting of the Special Projects Manager, City Engineer and the Public Works Manager evaluated all nine proposals based on the quality of the proposal, qualifications of the engineering firm, proposed implementation plan and cost. The panel concluded that RKA Consulting Group submitted the best responses to the provisions outlined in the Request for Proposals. RKA Consulting Group proposes detailed field investigations and data collection in order to recommend cost-effective pavement improvements that adhere to industry standards and stay within the City’s established construction budget. The City’s Purchasing Policy and Procedures state that professional services from engineering firms are not subject to formal bid procedures and the City is not required to award a contract to the lowest bidder. RKA Consulting Group’s proposal included the lowest fee of the nine proposals that were evaluated. However, their proposal was also considered by the panel to be the most comprehensive and offered practical recommendations to reduce construction costs. RKA Consulting Group have recently completed similar projects in the cities of Downey, Covina, South Pasadena and Pomona. Their references confirmed that they complete projects ahead of schedule, adhere to an established budget and deliver professional plans, specifications and estimates to their clients.
The proposed Professional Service Agreement with the City of Artesia would authorize RKA Consulting Group to develop the necessary plans, specifications and estimates to implement the Fiscal Year 2025-2026 Roadway Pavement Rehabilitation Project No. 2025-004. The Agreement includes a compensation amount of $178,555. The proposed scope of work includes continuous project management, field investigation and analysis, and design work that will be coordinated with City Staff to ensure that all necessary design elements are included in the final plans, specifications and estimates. RKA Consulting Group would also provide support during the formal bidding process and provide construction engineering support. The consultant proposes a project schedule of approximately 3.5 months and expects to deliver final plans by late December 2025. Approval of the plans by the City Council is tentatively scheduled for January 2026, followed by a formal bidding process, and construction anticipated to begin around April 2026.
CEQA COMPLIANCE:
The Public Works Department has determined that the proposed project is exempt from review under California Environmental Quality Act (CEQA) pursuant to Guideline Section 15301 as a Class 1(c) project. Class 1(c) consists of the operation, repair, maintenance, or minor alteration of existing public structures facility, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination, including existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
FISCAL IMPACT:
The proposed Professional Service Agreement includes a compensation in the amount of $178,555. This fee is an eligible expense under SB1 Local Funding and would be paid though the City’s current SB1 allocation.
RECOMMENDED COUNCIL ACTION:
Staff recommends that City Council approve a Professional Service Agreement between the City of Artesia and RKA Consulting in the amount of $178,555, plus a 10% contingency to complete Plans, Specifications and Estimates for the Fiscal Year 2025-2026 Roadway Pavement Rehabilitation Project No. 2025-004, authorize the City Manager to execute the Agreement and make amendments that do not change the compensation, and make a determination that the action is exempt from CEQA.
Attachments
RKA Professional Services Agreement.pdf
Project Map and Street List.pdf
RKA Proposal for Engineering Design Services.pdf
1 THE CITY OF ARTESIA AND
RKA CONSULTING GROUP
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as September 8, 2025 by and between the City of Artesia, a California municipal corporation (“City”) and RKA Consulting Group, a California Corporation, with its principal place of business at 398 Lemon Creek Drive, Suite E, Walnut, CA 91789 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.3 Project. City desires to engage Designer to render such services for the Fiscal Year 2025-2026 Roadway Pavement Rehabilitation Project- Project No. 2025-004 ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.
3.1.2 Term. The term of this Agreement shall be from September 8, 2025 to September 7, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than one (1) additional one-year terms. Designer shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
2 3.2 Project Designer; Key Personnel.
3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Cody Howing, P.E., QSD (License No. CA RCE 86054) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.
3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: David Gilbertson, P.E., T.E., P.L.S (License No.
CA RCE 46624).
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion.
3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements 3 with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.
3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.
Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free 4 and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.
3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.
3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.
Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage City, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
5 (b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.
6 3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.
3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Designer. Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays.
3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
3.8 City Responsibilities.
7 3.8.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria.
3.8.2 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Ernesto Sanchez, Public Works Manager or his designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.8.3 Review and Approved Documents. City shall review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
3.9 Compensation.
3.9.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of one hundred seventy-eight thousand five hundred fifty-five Dollars ($178,555.00) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
3.9.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. The City Manager will have authority to approve Extra Work within 10% of the total compensation. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.9.3.
3.9.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. 8 3.9.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.
3.9.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.
3.9.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total 9 compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.
Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.
3.10 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
3.11 Termination, Suspension and Abandonment.
3.11.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to 10 the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.
3.11.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.
3.11.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.11.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.12 Ownership and Use of Documents; Confidentiality.
3.12.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.12.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
11 (b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.
Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties.
If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.
3.12.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.
3.12.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.
3.12.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
12 3.13 Indemnification.
3.13.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.
3.13.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.
3.13.3 The terms of this section 3.13 shall survive the expiration or termination of this Agreement.
3.14 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.14.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.
3.14.2 Additional Insured. The City, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.14.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. 13 (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Contractors Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
3.14.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
14 (d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
3.14.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.
Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.
3.14.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
3.14.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
15 (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
3.14.8 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
3.14.9 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. 16 Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
3.14.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.14.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
3.14.12 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
3.15 Records.
Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make 17 transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.16 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.
3.17 Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
3.18 Asbestos Certification.
Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.
3.19 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.20 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in Los Angeles County.
3.21 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.22 Severability.
18 Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.23 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.24 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
3.25 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Artesia
18747 Clarkdale Avenue
Artesia, California 90701
Attn: Ernesto Sanchez, Public Works
Manager
CONSULTANT:
RKA Consulting Group
398 Lemon Creek Drive, Suite E
Walnut, CA 91789
Attn: Cody Howing, PE QSD
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.26 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.27 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
3.28 Prohibited Interests.
3.28.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed 19 to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
3.28.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.29 Equal Opportunity Employment.
Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.30 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.31 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
3.32 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
3.33 Amendment; Modification.
No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. The City Manager shall have the authority to authorize changes to the Agreement that do not change the compensation of the Agreement.
3.34 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no 20 representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]
21 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF ARTESIA
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ARTESIA RKA CONSULTING GROUP
By: By:
Abel Avalos
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By: _________________________
City Attorney
1 EXHIBIT “A”
DESIGNER’S SCOPE OF SERVICES
1. GENERAL REQUIREMENTS.
1.1 Basic Services. Designer agrees to perform all the necessary professional engineering design services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.
1.2 Additional Services. Designer shall perform the following Additional Services for the Project: Not Applicable.
1.3 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.
1.4 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.
The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.
2. INITIAL PLANNING PHASE.
During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.
2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.
Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary 2 changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.
2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.
3. SCHEMATIC PLAN PHASE.
During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
3.1 Funding Documents. Designer shall provide a site plan and all other Projectrelated information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.
3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.
3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.
3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4. DESIGN DEVELOPMENT PHASE.
During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
3 4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.
4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).
4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.
4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.
4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.
5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.
During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as- 4 built drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.
City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.
5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.
The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.
5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.
However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.
5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.
5.5 Copies of Final Working Drawings and Specifications and Other Documents.
Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.
5 6. CONSTRUCTION CONTRACT DOCUMENTS.
During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.
6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.
7. BID PHASE.
During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents.
7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.
7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.
8. CONSTRUCTION PHASE.
During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer. 6 8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.
8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.
8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.
8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.
8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.
8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.
8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.
8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.
8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.
8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.
8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response 7 shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.
8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.
8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.
8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.
If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.
8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.
8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.
8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.
8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items. 8 8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City.
8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment.
8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.
Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.
9. AS-BUILT DRAWINGS.
During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.
9.2 Approval. Once City provides Designer with specific written approval of the AsBuilt Drawings and Specifications, Designer shall forward to City the complete set of original AsBuilt Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.
9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion.
10. WARRANTY PERIOD.
During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:
10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. 1 EXHIBIT “B”
FEE AND PHASING/FUNDING SCHEDULES
1. FEE SCHEDULE.
Designer will invoice City on a monthly cycle based on the following fee schedule.
Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation of $178,555.00. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
2. PHASING/FUNDING SCHEDULE.
Progress payments towards Total Compensation shall never exceed the following amounts of Total Compensation as of the phase indicated:
Utility Coordination: $4,300.00
Records Research and Field Investigation: $5,480.00
Topographic Survey (Ally Intersections Only): $11,995.00 Construction Plans: $142,200.00
Engineer’s Cost Estimate: $5,780.00
Specifications: $6,240.00
Bidding/Construction Support and As-Built Drawings: $2,560.00 1 EXHIBIT “C”
COMPENSATION RATES AND REIMBURSABLE EXPENSES
1. HOURLY COMPENSATION RATES.
Project Principal: $210.00/hour
Project Manager: $180.00/hour
Project Engineer: $150.00/hour
Engineering Technician: $110.00/hour
2. REIMBURSABLE EXPENSES.
Not Applicable.
3. ADDITIONAL SERVICES.
Additional Services shall be computed at the actual hourly rates listed above.
4. ADDITIONAL CONSULTANTS.
If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus a markup. City shall have the authority to review and approve the rates of any such consultants. 183RD STREET
SOUTH STREET
ARTESIA BLVD.
GRIDLEY RD.
PIONEER BLVD.
NORWALK BLVD.
ARLINE AVE.
CLARKDALE AVE.
ELAINE AVE.
GRAYLAND AVE.
IBEX AVE.
CORBY AVE.
JERSEY AVE.ARTESIA PARK
CERRITOS MALL
CLARKDALE AVE.
ELAINE AVE. ARKANSAS ST. 167TH ST. 168TH ST.
JERSEY AVE. JERSEY AVE. 175TH ST. 176TH ST. 176TH ST. 178TH ST. 178TH ST. ASHWORTH ST. 185TH ST.
186TH ST.
187TH ST.
188TH ST.
186TH ST.
ROSETON AVE.
ALBURTIS AVE.
ROSETON AVE.
91 166TH ST.
195TH STREET
FY 2025-2026 ROADWAY PAVEMENT REHABILITATION PROJECT
LOCATION MAP
NORTH
CITY MAP
NORTH
ZONE 3 KEY MAP
PIONEER BLVD.
ARTESIA BLVD.
183RD STREET
CLARKDALE AVE.
ASHWORTH ST.
NORWALK BLVD.
IBEX AVE.
IBEX AVE.
ELAINE AVE.
ARLINE AVE.
GRAYLAND AVE.
178TH ST.
HORST AVE.
ASHWORTH ST.
175TH ST.
GRAYLAND AVE.
RENDOVA ST.
ARTESIA BLVD. FRONTAGE
HORST AVE.
176TH ST.
KOUDEKERK ST. NORWALK BLVD.
SERVICE RD.
THORNLAKE AVE.
BELSHIRE AVE.
RADLEY
ST.
179TH ST.
176TH ST.
180TH
ST.
SEINE AVE.
DEVLIN AVE.
THORNLAKE AVE.
FY 2025-2026 ROADWAY PAVEMENT REHABILITATION PROJECT
STREET SEGEMENT LIST
Street Name From To
175th Street Ibex Ave. East Cul-de-sac
176th Street Pioneer Blvd. East Cul-de-sac
176th Street Ibex Ave. East Cul-de-sac
178th Street Pioneer Blvd. Elaine Ave.
179
th Street Horst Ave. Belshire Ave.
180th Street Ibex Ave. Norwalk Blvd.
183rd Street Pioneer Blvd. City’s Eastern Limit
1Alley E/O Pioneer Blvd. Ashworth St. South End
1Alley E/O Clarkdale Ave. Ashworth St. 183rd St.
Arline Ave. Ashworth St. 183rd St.
Artesia Blvd. Pioneer Blvd. Belshire Ave.
Artesia Blvd. Frontage Elaine Ave. East Cul-de-sac
Ashworth St. Pioneer Blvd. Norwalk Blvd.
Belshire Ave. Artesia Blvd. South Cul-de-sac
Belshire Ave. North Cul-de-sac 179th St.
Belshire Ave. North Cul-de-sac Radley St.
Clarkdale Ave. Ashworth St. 183rd St.
Devlin Ave. Ashworth St. 183rd St.
Elaine Ave. Artesia Blvd. 183rd St.
Grayland Ave. Artesia Blvd. Frontage Rendova St.
Grayland Ave. Ashworth St. 183rd St.
Horst Ave. Artesia Blvd. Frontage 183rd St.
Ibex Ave. Artesia Blvd. Frontage Koudekerk St.
Ibex Ave. 179th St. 183rd St.
Koudekerk St. Ibex Ave. Belshire Ave.
Norwalk Blvd. Service Rd. North Cul-de-sac Koudekerk St.
Rendova St. Elaine Ave. Horst Ave.
Radley St. Thornlake Ave. Belshire Ave.
Seine Ave. Ashworth St. 183rd St.
Thornlake Ave. North Cul-de-sac South Cul-de-sac
Thornlake Ave. North Cul-de-sac 183rd St.
Submitted by: RKA Consulting Group
398 Lemon Creek Drive, Suite E
Walnut, CA 91789
www.rkagroup.com
(909) 594-9702
City of Artesia
Proposal for: Engineering Design Services for the Fiscal Year 2025-2026 Roadway Pavement Rehabilitation Project -
Project No. 2025-004
July 31, 2025
Submitted to:
City of Artesia
Public Works DepartmentEngineering Division
Attention: Ernesto Sanchez
Public Works Manager
18747 Clarkdale Avenue
Artesia, CA 90701
Table of Contents
01 Cover Letter
02 Introduction & Understanding
03 Experience
04 Project Overview &
Detailed Work Plan
05 Project Team
06 Project Schedule
Cost Proposal 07
References 08
Required Statements 09
1 3
5 7
13 18
19 20
Attachment
01 Cover Leer
City of Artesia July 31, 2025
Public Works Department- Engineering Division
Ernesto Sanchez, Public Works Manager
18747 Clarkdale Avenue
Artesia, CA 90701
Re: Proposal for Engineering Design Services for the Fiscal Year 2025-2026 Roadway Pavement Rehabilitation Project- Project No. 2025-004- RKA Consulting Group Dear Ernesto,
RKA Consulting Group (RKA) welcomes the opportunity to partner with the City of Artesia for the Engineering Design Services for the Fiscal Year 2025-2026 Roadway Pavement Rehabilitation Project. We recognize Artesia’s commitment to creating safe, clean, and walkable spaces through long-term investment in its corridors and infrastructure which align well with our values and services. RKA is eager to deliver thoughtful, community-focused solutions that reflect the unique character of your city.
About RKA. Since 1981, RKA has provided reliable, cost-effective engineering services to more than 65 public agencies across Southern California. Headquartered in Walnut, CA, our 40-person team of engineers, building and safety experts, and administrative staff all dedicated to supporting the successful delivery of operations. As a smaller, community-focused firm, every client and every project truly matters to us. Our size allows us to be agile, attentive and fully engaged throughout each phase of the project.
Our Team & Approach. We have assembled an experienced, dedicated team specialized in street resurfacing and public works projects. Our technical expertise, local experience, and proactive project management approach enable us to deliver timely and cost-effective solutions. We will also collaborate with our trusted subconsultant, Kelsoe & Associates, to provide surveying services required for this project.
RKA partners with many local agencies, including the Cities of La Verne, Pomona, South Pasadena, Covina, Walnut, Norco, San Dimas, Sierra Madre, and more, providing a full portfolio of civil engineering services. Our project success is driven by proactive communication, thorough quality control and assurance measures, and direct coordination with each agency.
Proposal Terms. RKA confirms full compliance with all terms and conditions outlined in the RFP and its addenda. All information provided is true and correct to the best of our knowledge.
Key Personnel. I, Cody Howing, Principal-in-Charge, am authorized to negotiate, contractually bind and extend the terms of this proposal. I will serve as the point of contact during the evaluation period as well as the contact for this proposal. I can be reached at (909) 594-9702 or via email at [email protected]
Entity Assuming Contractual Responsibility:
RKA Consulting Group (RKA)
California Corporation | License #C1155995
Certified Small Business | License #53690
398 Lemon Creek Drive, Suite E, Walnut, CA 91789
www.rkagroup.com | (909) 594-9702
Thank you for considering our proposal. We look forward to the opportunity to collaborate with the City of Artesia, build our partnership, and contribute to the improvements and roadway pavement rehabilitation in your City.
Sincerely,
Cody Howing, P.E., QSD
Director of Engineering/Principal
[email protected] (555) 555-0125